CLERKS OF COURT

CONFERENCE

Dawn Coppock

Adoption & Termination

Of Parental Rights

Presented by:Dawn CoppockAttorney At Law

June 12, 2014

Family MathA 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 ParentsAdoptive ParentsChild

The Team

Agency(Private &/or DCS)

LawyersDoctors & HospitalState 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

SurrenderWaiver

Consent (TN or Other)

OR

Involuntary

Lawsuit

www.dawncoppock.com

Information for Attorneys, Agencies & Courts

Surrenders

EmotionPartiesSchedulingPaperwork

Correct formPre-PreparedAttachments

“Special Docket for Surrenders” T.C.A. 36-1-111(p)

There is a check list in “The Book”Adoption-A Checklist

Involuntary Termination Suit- Free Counsel for Parents

Right to appointed counselAdministrative 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.

Who Gets Copies of What SurrenderSurrendering parentParty/agency surrendered toDCS NashvilleCertain others upon request 36-1-111(p)  Petition for AdoptionAgency to receive order of referenceDCS Nashville Order of ReferenceAgency(ies) referred to Guardianships OrderDCS Nashville Final Order of AdoptionDCS NashvilleAgency(ies) involvedVital 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 FileAny 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).”