SB 2263 — Chancery court; revise provisions concerning adoption and name change of incarcerated persons.

2263 (As Sent to Governor) AN ACT TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHANCELLOR TO WAIVE PROCEDURAL REQUIREMENTS FOR ADULT ADOPTEES WHO CONSENT TO THE ADOPTION;

TO CONFORM TO FEDERAL LAW BY DELETING THE PROHIBITION AGAINST COUPLES OF THE SAME GENDER ADOPTING;

TO PROHIBIT PHYSICALLY INCARCERATED OFFENDERS FROM REQUESTING A NAME CHANGE;

TO DEFINE TERMS;

TO PROVIDE CERTAIN EXCEPTIONS;

(a) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age, lived in this state from soon after birth with any of thoseS. individuals and there is available in this state substantial evidence concerning the minor's present or future care;

S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ G1/2 22/SS36/R5322/SS08/R53SG PAGE 1 (ens\kr)those (b)individuals Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;

(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;

(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ 22/SS36/R5322/SS08/R53SG PAGE 2(ens\kr)2 (e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction;

(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ 22/SS36/R5322/SS08/R53SG PAGE 3(ens\kr)3 (i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order;

The petition shall be accompanied by a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ 22/SS36/R5322/SS08/R53SG PAGE 4(ens\kr)4 accompanied by a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by the child.

(5)* Adoption* by* couples( * * *5) No person may be placed in the home of or adopted by the sameprospective genderadopting parties before a court-ordered or voluntary home study is prohibited.satisfactorily completed by a licensed adoption agency, a licensed, experienced social worker approved by the chancery court, a court-appointed guardian ad litem that has S.

(6) No person may be placed in the home of or adopted by the prospective adopting parties before a court-ordered or voluntary home study is satisfactorily completed by a licensed adoption agency, a licensed, experienced social worker approved by the chancery court, a court-appointed guardian ad litem that has knowledge or training in conducting home studies if so directed by the court, or by the Department of Human Services on the prospective adoptive parties if required by Section 93-17-11.

S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ 22/SS36/R5322/SS08/R53SG PAGE 5(ens\kr)5 (7)knowledge Noor persontraining mayin beconducting adoptedhome bystudies aif personso ordirected personsby who reside outside the Statecourt, ofor Mississippiby unless the provisionsDepartment of theHuman InterstateServices Compacton forthe Placementprospective ofadoptive Childrenparties (Sectionif 43-18-1required etby seq.)Section have93-17-11. been complied with.

( * * *6) No person may be adopted by a person or persons who reside outside the State of Mississippi unless the provisions of the Interstate Compact for Placement of Children (Section 43-18-1 et seq.) have been complied with.

(8)( * * *7) No person may be adopted unless the provisions of the Indian Child Welfare Act (ICWA) have been complied with, if applicable.

(9)( * * *8) The readoption of a child who has automatically acquired United States citizenship following an adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this S.

2263 *SS36/R53**SS08/R53SG* ~ OFFICIAL ~ 22/SS36/R5322/SS08/R53SG PAGE 6(ens\kr)6 accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this state by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.

(10)(9) For adult adoptees who consent to the adoption, a chancellor may waive any of the petition requirements and procedural requirements within subsections (4), (6),(5), (7),(6) and (8)(7) of this section.

For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Change of name petition" means a petition to change the legal name of an individual.

(b) "Offender" means any physically incarcerated person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions or the laws and regulations of the federal government.

SECTION 3.

(1) (a) No offender shall have standing to file a change of name petition with the chancery court;

(b) No chancellor shall grant a change of name petition for an offender;

and (c) No chancery clerk shall file a change of name petition for an offender.

(2) A chancellor may change the name of an offender if:

S.

B.

No.

2263 *SS08/R53SG* ~ OFFICIAL ~ 22/SS08/R53SG PAGE 7 (a) A district attorney files a change of name petition on behalf of an offender;

(b) A sheriff of a county in which a person is incarcerated files a change of name petition on behalf of an offender;

(c) The Commissioner of the Mississippi Department of Corrections, or his or her designee, files a change of name petition on behalf of an offender;

or (d) A Mississippi Department of Corrections Chaplain files a change of name petition on behalf of an offender.

SECTION 4.