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F I S C A L I M P A C T R E P O R T





SPONSOR: Godbey DATE TYPED: 02/24/01 HB 415/aHGUAC
SHORT TITLE: Termination of Parental Rights SB
ANALYST: Dunbar


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02

See Narrative



(Parenthesis ( ) Indicate Expenditure Decreases)



Conflicts with HB 336



SOURCES OF INFORMATION



Children, Youth and Families Department (CYFD)



SUMMARY



Synopsis of HGUAC



The House Government & Urban Affairs Committee amendment of HB416 address a Children, Youth & Families Department concern to provide additional language on the termination of parental rights when the child has been in custody of the department for not less than 15 of the previous 22 months. The language inserted exempts such termination of parental rights when an adoption is not an appropriate plan for the child.



Synopsis of Original Bill



HB 415 amends the Abuse and Neglect Act § 32A-4-29. The bill provides amendments to the children's code to conform to the federal requirements of the Adoption and Safe Families Act. The amendments include the mandatory requirement of concurrent planning when a motion for termination of parental rights is filed and lists the reasons preventing CYFD from filing a motion to terminate parental rights when a child is in state custody for fifteen out of twenty two months.

Significant Issues



If HB 415 is not amended, the Children Youth and Families Department will not be in compliance with federal law and this could impact funding.

ADMINISTRATIVE IMPLICATIONS



This bill does not impact CYFD performance measures.

CONFLICT



HB 415 conflicts with HB336, which provides for mandatory filing of a motion for termination of parental rights when parent is incarcerated.



AMENDMENTS



CYFD is proposing an amendment to provide for a generic reason not to file a termination of parental rights action to protect families when there is a legitimate reason not to move forward that is not listed as part of federal requirements. Page 7, line 6 add the following: "(8) if adoption is not the appropriate plan for the child."



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