463A60543C6AE514872587A0007DAB24 Hearing Summary

Chris Radeff, chair of the CBA Family Law Legislative Committee, stated that although this appears to be a family law specific issue, they rarely deal in domestic cases with third party or nonparent or stepparent adoptions. Currently language in Title 19 covers stepparent adoptions and as the uniform act does not appear to change the provisions regarding stepparent adoptions, the section does not object to the uniform language. The uniform act seems to affect the Department of Human Services and possibly private adoptions including foreign adoptions and there may more interest in the act from those practicing juvenile law. The Family Law Section is not taking a position on the act unless it changes the law regarding stepparent adoptions. Commissioner Scott testified that she is opposed to the act, it is over reaching, there is no need for the act, and she does not like the criminal violations included in the act. Commissioner Levy disagreed with that interpretation as it provides protections for children from being given to people who are not going to protect the child's welfare but that she also had concerns with the provisions for criminal liability. Commissioner Duran offered to contact the Office of Child Representative or Office of Respondent Parent Council for feedback. Commissioner Scott offered to help with coordinating stakeholders and getting additional feedback from Child Protective Services and adoption agencies.

Commissioner Scott moved that the Uniform Unregulated Child Custody Transfer Act not move forward. It was not seconded and the motion died. Commission consensus was to keep the act on the 2022 legislative agenda and consider additional feedback at the meeting in January.