SB 280-1_ Filed 04/09/2009, 11:28

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Public Policy     , to which was referred       Senate Bill 280     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 4, line 3; (09)CR028002.4. -->     Page 4, line 3, delete ":" and insert " have been terminated before the entry of a final decree of adoption; or".
    Page 4, delete lines 4 through 6.
    Page 13, after line 38, begin a new paragraph and insert:
SOURCE: IC 31-35-1-6; (09)CR028002.31. -->     "SECTION 31. IC 31-35-1-6, AS AMENDED BY P.L.146-2007, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) Except as provided in subsection (c), the parents must give their consent in open court unless the court makes findings of fact upon the record that:
        (1) the parents gave their consent in writing before a person authorized by law to take acknowledgments; and
        (2) the parents were:
            (A) advised in accordance with section 12 of this chapter; and
            (B) advised that if they choose to appear in open court, the only issue before the court is whether their consent was

voluntary.
    (b) If:
        (1) the court finds the conditions under subsection (a)(1) and (a)(2) have been met; and
        (2) a parent appears in open court;
a court may consider only the issue of whether the parent's consent was voluntary.
    (c) The consent of a parent to the termination of the parent-child relationship under this chapter is not required if:
        (1) consent to the termination of the parent-child relationship is implied under section 4.5 of this chapter, if the parent is the putative father;
        (2) the parent's consent to the adoption of the child would not be required under:
            (A) IC 31-19-9-8;
            (B) IC 31-19-9-9; or
            (C) IC 31-19-9-10; or
        (3) the child's biological father denies paternity of the child before or after the birth of the child if the denial of paternity:
            (A) is in writing;
            (B) is signed by the child's father in the presence of a notary public; and
            (C) contains an acknowledgment that:
                (i) the denial of paternity is irrevocable; and
                (ii) the child's father will not receive notice of adoption or termination of parent-child relationship proceedings; or
        (4) the child's biological father consents to the termination of the parent-child relationship before the birth of the child if the consent:
            (A) is in writing;
            (B) is signed by the child's father in the presence of a notary public; and
            (C) contains an acknowledgment that:
                (i) the consent to the termination of the parent-child relationship is irrevocable; and
                (ii) the child's father will not receive notice of adoption or termination of parent-child relationship proceedings.

A child's father who denies paternity of the child under subdivision (3)

or consents to the termination of the parent-child relationship under subdivision (4) may not challenge or contest the child's adoption or termination of the parent-child relationship.
     (d) A child's mother may not consent to the termination of the parent-child relationship before the birth of the child.".
    (Reference is to SB 280 as printed February 3, 2009.)

and when so amended that said bill do pass.

__________________________________

Representative Van Haaften


CR028002/DI 14    2009