Uniform Unregulated Child Custody Transfer Act. There was no public testimony on this agenda item. Commissioners explained that the act came out of a working group formed of representatives from several federal agencies, state child welfare organizations, and national associations of attorney generals regarding of unregulated transfers. It addresses huge problems in international law regarding adoptions and tries to address potentially dangerous situations when a transfer is not in the best interest of the child. Another area the act may address is child custody transfer during the deportation of undocumented parents with U.S. citizen children. The act applies to biological children as well as adopted children. Commissioners expressed concerns with the portions of the act altering the ability of parents to transfer custody of children by power of attorney in an emergency, state involvement in transfers post-adoption, and with the criminalization aspect in the enforcement provisions.
The Commission decided to leave the act on the agenda in order to obtain comment from the CBA family law and probate sections and other interested parties such as child protective services.