Transcript Blue Lines and Gradients

CLERKS OF
COURT
CONFERENCE
Dawn Coppock
Adoption & Termination
Of Parental Rights
Presented by:
Dawn Coppock
Attorney At Law
June 12, 2014
Family Math
A Balanced Equation
Child and Parent(s) = Family
Termination of Parental Rights
Child – Parent = Orphan
Adoption
Orphan + Parent(s) = Family
Where Things Happen
The Triad
 Birth Parents
 Adoptive Parents
 Child
The Team
 Agency
(Private &/or DCS)
 Lawyers
 Doctors & Hospital
 State Offices
ICPC
Vital Records
 Local Courts
Access to Adoption
Records
T.C.A. 36-1-125 All adoption
records are confidential and
shall not be disclosed except
as set out in the adoption
statutes. Judges, court staff
and agencies working on the
case have access to the
records as necessary to carry
out their duties. Unauthorized
disclosure is a Class A
misdemeanor. Unauthorized
disclosure for personal gain
or for malicious purpose is a
Class E felony.
Termination of
Parental Rights
Voluntary
Surrender
Waiver
Consent (TN or Other)
OR
Involuntary
Lawsuit
www.dawncoppock.com
Information for Attorneys,
Agencies & Courts
Surrenders
Emotion
Parties
Scheduling
Paperwork
Correct form
Pre-Prepared
Attachments
“Special Docket for Surrenders”
T.C.A. 36-1-111(p)
There is a check list in “The Book”
AdoptionA Checklist
Involuntary
Termination SuitFree Counsel for Parents
Right to appointed counsel
Administrative fees
T.C.A. 40-14-103 (a) If unable to employ counsel, the
defendant is entitled to have counsel appointed by the court.
(b) (1) A defendant, who is provided with court-appointed
counsel, including a defendant in a termination of parental
rights case, shall be assessed by the court at the time of
appointment a nonrefundable administrative fee in the amount
of fifty dollars ($50.00). The administrative fee shall be
assessed only one time per case and shall be waived or
reduced by the court upon a finding that the defendant lacks
financial resources sufficient to pay the fifty-dollar fee. The fee
may be increased by the court to an amount not in excess of
two hundred dollars ($200) upon a finding that the defendant
possesses sufficient financial resources to pay the fee in the
increased amount. The administrative fee shall be payable, at
the court's discretion, in a lump sum or in installments;
provided, however, that the fee shall be paid prior to
disposition of the case or within two (2) weeks following
appointment of counsel, whichever occurs first. Prior to
disposition of the case, the clerk of the court shall inform the
judge whether the administrative fee assessed by the court
has been collected. Failure to pay the administrative fee
assessed by the court shall not reduce or in any way affect the
rendering of services by court-appointed counsel; provided,
however, that the defendant's willful failure to pay the fee may
be considered by the court as an enhancement factor when
imposing sentence if the defendant is found guilty of criminal
conduct, and may also be considered by the court as
evidence of the defendant's financial responsibility, or lack
thereof, in a determination of the best interest of the child.
*CHECKLIST* INDEPENDENT, AGENCY, DCS, AND INTERCOUNTRY ADOPTION /
FOR COURTS AND JUDGES
PETITION
o
o
o
o
o
o
o
o
Petitioners have lived in Tennessee for six months. T.C.A. § 36-1-115(d)
Petition includes required allegations. T.C.A. § 36-1-116(b).
All money paid by petitioners is disclosed. T.C.A. § 36-1-116(b)(16)(A)
Putative Father’s Registry inquiry is made within 10 working days prior to filing Petition. Response is stated in
Petition or filed with the court. T.C.A. § 36-1-116 (b)(13)(A)
If child is less than 30 days old and all parental rights have not previously been terminated, Putative Father’s
Registry must receive notice of Petition. T.C.A. § 36-1-116(d)
Parents, whose rights must be addressed, have been addressed previously, (documents attached to Petition or to
be submitted by agency) or termination of parental rights is properly requested in the adoption Petition with service
on the birth parent. If the petition also requests termination of parental rights, allegations required by T.C.A. § 36-1113(d)(2) and T.C.A. § 36-6-224(a) should be included. T.C.A. § 36-1-116(b)(11) & (12)
Order of reference is submitted and entered. T.C.A. § 36-1-116(e)(3)
A court report is filed with the court. T.C.A. § 36-1-116(e)(2)(B)
GUARDIANSHIP
o
A guardianship order may have been previously obtained to the prospective adoptive parents or an agency. If not,
and the prospective adoptive parents have no other order authorizing custody of the child, guardianship with the
prospective adoptive parents should be requested as part of the adoption action. T.C.A. § 36-1-111(u)(1), T.C.A.
§ 36-1-116(f)(3), T.C.A. § 36-1-102(25)
INTERCOUNTRY
o
o
Authority from sending government for placement of child with petitioners. T.C.A. § 36-1-116(b)(15)(A)
Authorization for child to enter the U.S. from the U.S. Department of Homeland Security, through their U.S.
Citizenship and Immigration Services (USCIS) department, U.S. Department of Justice or U.S. Department of
State. T.C.A. § 36-1-116(15)(B)
CHILD PLACED IN TENNESSEE FROM ANOTHER U.S. STATE
o
ICPC 100A approval is attached. T.C.A. § 36-1-116(b)(14)
ADOPTEE 14 YEARS OR OLDER
o
Sworn written consent of child, or if child is mentally disabled, consent of guardian ad litem is attached. T.C.A. § 361-117(i)(1)&(2)
CONTESTED ADOPTION
o
o
o
o
o
o
o
Unrepresented parties advised of their right to counsel. (Free counsel if indigent.) Supreme Court Rule 13 § (d)
Indigent defendants must receive a trial transcript free of charge. A transcript should be made of all trials where
termination of an indigent person’s parental rights is sought.
Incarcerated defendants get their extra notices pursuant to T.C.A. § 36-1-113(f).
If defendant’s ability to understand English is questionable, an inquiry should be made into the need for an
interpreter. (In re Valle, 2000 Tenn. App. LEXIS 107 (Feb. 17, 2000).
Priority docket setting. T.C.A. § 36-1-124.
Standard of clear and convincing evidence of grounds and best interest.
T.C.A. § 36-1-113(c)(1)&(2)
Within 30 days of trial, enter specific findings of fact and conclusions of law on each ground pled. Set out the
particular evidence, if any, found to clearly and convincingly support for termination. T.C.A. § 36-1-113(k).
FINALIZATION
o
Private interview with adoptee 14 years old or older to obtain verbal consent prior to entry of the final order of
adoption. T.C.A. § 36-1-117(i)
o
Child has been in the home for six months. T.C.A. § 36-1-119(c) & 36-1-120(a)(4)
o
Final court report. T.C.A. § 36-1-120(a)(6)(D)
o
Agency fee affidavit. T.C.A. § 36-1-120(b)(2)
o
Attorney fee affidavit. T.C.A. § 36-1-120(b)(1)
o
Birth certificate application or Certificate of Foreign Birth application submitted to court clerk. T.C.A. § 36-1-120(f)(1)
___________________
From Coppock on Tennessee Adoption Law with Forms and Statutes, by Dawn Coppock, © LexisNexis 2011.
Tennessee Department of Children’s Services
Request for Name and/or Address of Father with
Claim of Paternity
REQUEST: (Please Print or Type)
Request Date
Requesting Party
Address
Street:
Name and Title:
City:
State:
Zip Code:
Agency:
Requesting Party
Reason For Request:
Telephone:
Fax:
Email Address:
Child’s Birth Name
Place of Birth
Last:
City:
First:
County:
Middle:
State:
Sex of Child
Male
Female
Month:
Child’s Birth Date
Day:
Year:
Father’s Name
Last:
First:
Last:
First:
Middle:
Mother’s Name
Last:
Mother’s Maiden Name
First:
RESPONSE:
Middle:
Middle
Response Date
Putative Father’s Name
Address
Date Registered
Date Change of Address
Staff Registrar
Registry Telephone Number
Comments:
Please forward document to:
Putative Father Registry---Attn: Registrar
Tennessee Department of Children’s Services
436 Sixth Avenue, North
Nashville, TN 37243-1290
Or Fax: 615-532-6495
Check the “Forms” Webpage for the current version and disregard previous versions. This form may not be altered without prior approval.
Distribution:
RDA 2982
CS-0435, Rev. 03/14
Page 1
State of Tennessee
Department of Children’s Services
Interstate Compact on the Placement of Children
436 Sixth Avenue North 8th Floor
Nashville, Tennessee 37243-1290
Interstate Compact Placement Request
ICPC-100A
TO: (Name and Address of Compact Administrator in Receiving State)
FROM: (Name and Address of Compact Administrator in Sending State)
Section I - Identifying Data
Notice is Given of Intent to Place:
Name of Child:
Sex:
Name of Mother:
Date of Birth:
Ethnic Group:
Name of Father:
Name and Address of the Agency or Person Responsible for Planning for Child:
Telephone Number:
Name and Address of the Agency or Person Financially Responsible for the Child:
Telephone Number:
Section II - Placement Information
Name and Address of Person(s) or Facility Child is to be Placed with:
TYPE OF CARE
Foster Family Care
Group Home Care
Telephone Number:
Parent
Relative-Specify relationship:
Residential Treatment Center
Child-caring Institution
Institutional Care (Article VI)
Other - Specify
Adoption
Subsidy/IV-E Assistance
To be completed in:
Sending State
Receiving State
LEGAL STATUS
Sending Agency Custody / Guardianship
Parent/Relative Custody / Guardianship
Court Jurisdiction Only/Protective Services Supervision
Parental Rights terminated - Right to place for Adoption
Unaccompanied Refugee Minor
Other - Specify:
Section III -Services Requested
Initial Report (if applicable):
Parent Home Study
Relative Home Study
Adoptive Home Study
Foster Home Study
Other Study - Specify:
Supervisory Services:
Request Receiving State to Arrange
Supervision
Another Agency Agreed to Supervise
Sending Agency to Supervise
Name and Address of Supervising Agency In Receiving State, If Known:
Enclosed
Child’s Social History
Home Study of Placement Resource
Signature of Sending Agency or Person
Supervisory Reports:
Quarterly
Semi-Annually
Upon request
Other: Specify
Court Order
Other Enclosures
Date Signed
Signature of Sending State Compact Administrator or Alternate
Date Signed
Section IV - Action by Receiving State
Remarks:
Placement May be Made.
Placement Shall Not Be Made.
Signature of Receiving State Compact Administrator or Alternate
Date Signed
Distribution
Complete six (6) copies of this form
·
Sending Agency retains one (1) copy of this form and forwards five (5) copies to:
·
Sending Compact Administrator, who retains one (1) copy and forwards four (4) copies to:
·
Receiving Compact Administrator, who indicates action (Section IV), retains one (1) copy, and forwards one (1) copy to receiving Agency and two (2) copies to
sending Compact Administrator within 30 days.
·
Sending Compact Administrator retains one (1) completed copy and forwards one (1) completed copy to the Sending Agency.
CS-0525
ATTORNEY FEE DISCLOSURE AFFIDAVIT
TENNESSEE CODE ANNOTATED, § 36-1-120(b)
This affidavit must be filed by the attorney representing the petitioners with the proposed adoption order
prior to entry of the order by the Court. See, T.C.A. § 36-1-120(b).
STATE OF TENNESSEE
COUNTY OF ____________
Being duly sworn according to law, affiant would state:
1. I am _____________, Attorney for Petitioners ________________ (Names of Prospective Adoptive Parents) in
the adoption proceeding styled: ___________________ which is filed in the _______________ Court for
________________, County, Tennessee in which they (he/she) have sought to adopt _________________________
(Name(s) of Child(ren), and in which the Court has ordered the entry of an order of adoption pursuant to that
petition.
2. The following are fees charged by me or persons who are employed, contracted by, or associated with me for
services rendered for the placement of the child (ren) with the petitioner(s). (Attach additional sheets if necessary):
a. State first the service(s) rendered in the placement of the child (ren) with the petitioner(s) immediately
followed by
b. The specific fees charged petitioner(s) for each service: __________________________________
3. The following are fees charged by me or persons who are employed, contracted by, or associated with, me for
legal services rendered to Petitioner(s) in the adoption proceedings involving the child(ren): (Attach additional
sheets if necessary):
a. State first the legal service(s) rendered in the proceedings for the adoption of the child(ren) by the
petitioner(s) immediately followed by
b. The specific fees charged petitioner(s) for each service: _______________________________________
4. The following are fees paid by me or persons who are employed, contracted by, or associated with, me to any
other person or entity for services rendered in securing the placement of the child(ren) with the petitioners or for
securing any services related to securing any home studies or surrender of the child(ren):
a. State first the services rendered by persons or entities whose services assisted in securing the child’s
(children’s’) placement, or for securing a home study or surrender of the child(ren) followed immediately by,
b. The specific amount of the fees paid for each service to that person or entity: _____________________
This the _______ day of ______________, 20___.
FURTHER AFFIANT SAITH NOT.
Please Print:
Address:
Signature:
_____________________________
Attorney for Petitioner(s)
_____________________________
_____________________________
_______________________________
Sworn to and subscribed before me this ______ day of ______________, 20___
_________________________________
NOTARY PUBLIC
My Commission Expires:____________________
STATE OF TENNESSEE
DEPARTMENT OF HEALTH, OFFICE OF VITAL RECORDS
CERTIFICATE OF ADOPTION
Instructions: USE BLACK INK OR TYPEWRITER TO COMPLETE THIS FORM. DO NOT USE
WHITEOUT OR ANY ERASURE.
Part I should be completed and signed by the adopting parents. Parts II and III should be completed by attorney, clerk of court, or child placing agency.
When the final decree of adoption has been entered, the clerk of court shall enter his/her certification in Part IV, affix the seal of the court, sign, and
Forward to Tennessee Vital Records, Central Services Building, 1st Floor, 421 5th Avenue North, Nashville, TN 37247. If the child was born in
another state or U.S. Territory, the office will forward to the proper state. If the child was born in Tennessee, enclose the fee of $30.00 for preparation
of a new birth record. The fee entitles applicant to one certified copy of the new birth certificate. Additional copies maybe obtained at the same time for
$5.00 each. Make Check or money order payable to Tennessee Vital Records.
INFORMATION AFTER ADOPTION
Full name of child after adoption, as decreed by court.
PART I
All items must be
Completed so that the new
birth certificate will show all
essential data.
Adoptive parents should
verify all personal data for
accuracy and sign this
form before Part II is
completed.
ADOPTIVE FATHER
Were you related to this
child prior to adoption?
Full Name of Father
Date of Birth (Mo/Day/Year)
State or Foreign Country of Birth
Social Security Number
State or Foreign Country of Birth
Social Security Number
Yes
No
If so, what is your relation?
Full Legal Name of Mother
ADOPTIVE MOTHER
Were you related to this
child prior to adoption?
Maiden surname of Mother
Yes
No
If so, what is your relation?
Date of Birth (Mo/Day/Year)
Adopting mother’s mailing address at time of adoption (Street, Number, City, State and Zip Code)
County of Residence
I have reviewed the information entered in Part I and verify that it is accurate. Note: When the spouse of the child’s biological parent (i.e. child’s
stepparent) is the adopting parent, both the stepparent and biological parent should complete Part I.
________________________________________________________________
Mother’s Signature
______________________________________________
Date
___________________________________________________ _____________
Father’s Signature
______________________________________________
Date
Do you want a new birth certificate prepared?
YES
NO.
If a single parent adoption: Do you want the word “Adoption” to be entered in the space provided for the other parent?
YES
NO
INFORMATION ABOUT CHILD BEFORE ADOPTION
PART II
This information is used to
locate the child’s original
birth record.
If the child was previously
adopted, please give the
adoptive parents’ names.
PART III
Name of Child at Birth
Sex
Birth Certificate No. (If known)
Male
Place of Birth (Hospital, City, State)
Date of Birth (Mo/Day/Year)
Full Maiden Name of Mother
Female
Full Name of Father
Please include $30.00 fee to process request, additional copies may be obtained at the same time for $5.00 each.
Make check or money order payable to TENNESSEE VITAL RECORDS. Enter the address to which the birth certificate should be sent.
NAME:
MAILING ADDRESS
AND
TELEPHONE
NUMBER
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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ADDRESS:
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------
CITY, STATE, ZIP CODE:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DAYTIME PHONE NUMBER:
(
--------------------------------------
)
------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------
CERTIFICATION OF CLERK OF COURT
State of
County of
Docket No.
Date of Decree
TENNESSEE
PART IV
COURT SEAL
I hereby certify that there was a final decree of adoption entered by _____________________________ Court of this county on
this the _______ day of ___________________, In the year _________________, which adjudged that the child named in Part I
is deemed to be the lawful child of the adoptive parents identified in Part I.
______________________________________________________________
Clerk’s Signature
_____________________________ _______
Date
SEND THIS FORM AND REQUIRED FEE TO:
Tennessee Vital Records, Central Services Building, 1st Floor, 421 5 th Avenue North, Nashville, TN 37243
Who Gets Copies of What
Surrender
Surrendering parent
Party/agency surrendered to
DCS Nashville
Certain others upon request 36-1-111(p)
Petition for Adoption
Agency to receive order of reference
DCS Nashville
Order of Reference
Agency(ies) referred to
Guardianships Order
DCS Nashville
Final Order of Adoption
DCS Nashville
Agency(ies) involved
Vital records in the state of the child’s birth.
Adoptive parents, adopted person and their attorneys at anytime.
T.C.A. 36-1-120(h)
All copies are to be certified. Copies of all documents should be
available to the parties counsel, as well.
Whole Adoption File
Any party who has a letter from DCS & ID. T.C.A. 36-1-127(b)
DCS Nashville Address:
Post Adoption Services TN DCS
436 6th Ave N.
Nashville Tennessee 37243
TN Vital Records:
421 5th Ave. N.
1st Floor Central Services Bldg.
Nashville, Tennessee 37243
T.C.A. 36-1-120(h). “Notwithstanding
the sealing and confidentiality of
adoption records pursuant to this
part, the clerk of the court in which
adoption proceedings have occurred,
upon being furnished verification of
the identity of the requesting person,
shall furnish to the adopted person,
adoptive parents or their attorney or
attorneys, upon their request at any
time, certified copies of the final order
of adoption or re-adoption or final
orders dismissing such adoption
proceedings. Nothing other than
certified copies of the final order of
adoption or re-adoption or final order
dismissing
such
adoption
proceedings shall be released
pursuant to this subsection (h).”