§ 9-9-702 — Fast-tracked adoption of Garrett's Law babies - Definition

(a) As used in this section, "newborn" means an infant who is thirty (30) days of age or younger. (b) If a report of neglect under § 12-18-103(14)(B) is made to the Child Abuse Hotline, the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency as defined in § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law. (c) If a newborn is taken into the custody of the Department of Human Services as the result of a call to the hotline of neglect under § 12-18-103(14)(B) , the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency under § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law. (d) (1) (A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department. (B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents. (2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents. (3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case. (4) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn. (e) (1) (A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed. (B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn. (C) The home study on the relative cannot be waived. (2) The adoption by a relative of the newborn shall be denied unless: (A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures; (B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and (C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502 . (f) The department shall remain involved in each placement that is made under this section to monitor whether the mother withdraws her consent to the adoption. (g) If the mother withdraws her consent to the adoption, the department shall initiate an action to ensure the protection of the child, including without limitation taking the child into custody if custody is warranted to protect the health and safety of the child.

Legislative History

Amended by Act 2019, No. 315,§ 712, eff. 7/24/2019. Acts 2007, No. 381, § 1; 2009, No. 474, § 1; 2009, No. 758, § 8