With that sign in mind, I have prepared two separate alternative model acts, one a proposed alternative model State adoption act, the other being a proposed alternative model State act for termination of the parent-child relationships.

I am attaching to my testimony today copies of a second revised discussion draft of each act. Final drafts will be submitted to the Secretary before the close of the comment period.

[The information referred to above follows:]

COPYRIGHT 1980 WILLIAM M. SCHUR, NOT PUBLISHED, ALL
RIGHTS RESERVED.

NOTICE:

This draft has been prepared for use in connection with the invitation of the Secretary of Health, Education and Welfare for public comment on the proposed Model State Adoption Act, published on February 15, 1980, at 45 Fed. Reg. 10622-10699. This draft has not been published, will be submitted to a limited number of professionals for review and comment, and does not represent the final work product to be submitted to the Secretary. Reproduction of this draft without the express written consent of the copyright holder is prohibited.

ALTERNATIVE MODEL STATE ACT FOR TERMINATION

OF PARENT-CHILD RELATIONSHIP

Preamble

The Legislature finds that family life is optimal for the rearing of children and that birth families should, whenever possible, be strengthened and preserved. It further finds that there are many children whose families cannot or choose not to rear them. For such children, stability and continuity in care is essential. Termination of the parent-child relationship is for many such children a major step in the process of finding a permanent home.

Termination of the parent-child relationship should occur only if such termination is in the best interest of the child involved. Meaningful and clear guidelines must be applied in all cases involving termination of the parent-child relationship.

The constitutional rights and interests of all parties must be recognized and enforced in proceedings relating to termination of the parent-child relationship. When, in the course of such proceedings, conflict develops between the parties, the rights and interests of the child shall prevail when compromise is not

(1)

That, whenever possible and appropriate, the
birth family relationship shall be recognized,
strengthened and preserved;

(b)

(c)

(2) That, for those children whose parents are
unable or unwilling to rear them, prompt
and effective means shall be established
for providing alternative, permanent homes
for such children;

(3)

(4)

That, whenever necessary, the parent-child
relationship between a child's parents and
the child shall be terminated to protect

the safety and welfare of the child and to
facilitate the process of securing a permanent
home for the child;

That the constitutional rights and interests
of all parties shall be recognized and enforced
in all proceedings relating to termination of
the parent-child relationship; and

(5) That, in the event of conflict between the
parties, the rights and interests of the child
shall prevail when compromise is not possible.

It is the general purpose of this Act:

(1)

(2)

(3)

To provide prompt judicial procedures for
terminating the parent-child relationship

to be used in those situations when termination
of the parent-child relationship is appropriate;

To promote the best interest of each child who
is the subject of any proceedings relating to
termination of the parent-child relationship;

and

To insure that all proceedings and procedures
relating to termination of the parent-child
relationship will respect and protect the
rights of all parties concerned.

The provisions of this Act shall be liberally construed to effectuate the purposes thereof.

Section 102.

(a)

Definitions

As used in this Act, unless the context otherwise requires:

(1)

"Abused or neglected child" means a child whose
physical or mental health or welfare is harmed
or threatened with harm by the acts or omissions
of his parent or other person responsible for
his welfare;

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

"Adoptee" means a person of any age who has been legally adopted;

"Adoption" means the act of creating the
legal relationship of parent and child
between a child and an adult who is not
a parent of that child by birth;

"Adoptive parent" means an adult who has
become a parent of a child through the
legal process of adoption;

"Adult" means [a person 18 or more years of
age] [a person 18 or more years of age and any
person under 18 years of age who is or has
been emancipated under the laws of this
State] [other definition consistent with
appropriate state law];

"Adult adoptee" means an adult who was
adopted as a child;

"Agency" means any person or entity other
than a parent who plans for the placement
or places a minor in an adoptive home,
in foster care, or in an institution;

"Attorney ad litem" means an attorney licensed
to practice law and appointed by the court
during litigation to represent the interests
of a party as attorney of record for that
party;

"Authorized adoption agency" means a public
or voluntary agency, licensed by any juris-
diction within the United States, which is
expressly authorized to place children as
a preliminary to a possible adoption;

(10) "Amended birth certificate" means the official document, issued by and registered with the [Office of Vital Statistics] showing that an adoptee is legally the child of his adoptive parents;

(11) "Birth parent" means the mother of genetic origin of a child, and the man, if any, deemed or adjudicated under the civil laws of this state to be the father of genetic origin of a child;