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Status: The bill passed the House of Representatives and is now in the Senate.

Legislative Update-House Bill 1286 designed to separate parents and children as quickly as possible.

Please send to all interested and concerned persons. We need help.

I am the Colorado state representative for the American Adoption congress. I also am a CUB member. I have been working to actively oppose this bill. Some of you have been hearing from me for some time via emails and voice mails, usually forwarded as I do not know all of you personally. I am working with a social worker here named Amy Diller to actively oppose HB 1286, the voluntary expedited relinquishment bill.

On February 12, 2003 HB1286 was heard before the House HEWI committee. I sent out an earlier email with the results of that hearing, which were discouraging. Only 2 of us showed up to testify, one other birthmother and me. I represented AAC.

At that time, in the hearing, we were told that the purpose of the bill was to "help birth mothers relinquish quickly so they could get on with their lives." We were told that the bill would also help "expedite adoptions for adoptive parents." The bill allows a birth parent to sign relinquishment papers before a child is even born and then the agency would have the relinquishment papers in their possession. The papers could then be filed with the court 72 hours after the birth. I asked Rep. Lynn Hefley if the relinquishment would then be final for the birth mother. She replied "Yes." The 7 to 10 day period following the filing is only for the court to review the papers. The birth mother would no longer be involved at that point. And, if I understand it correctly, and I have read the bill many times, if the birth mom signed the papers after the 72 hours, the agency could file the papers that same day and the relinquishment would then be final, for the birthmother.

We are also concerned because the bill is designed to remove the court hearing from the process of relinquishment. We have a system here which does discourage at least some agencies from being as unethical as they might possibly be. Judges may not be perfect either, but at least some of the agencies are afraid of the judicial review process, and that is good. As long as birth mothers go to court for a relinquishment hearing there is a check and balance system operating that will help to control at least some corruption. The judges are required by the state to question the counseling the birthmothers have received at the agency. The other good thing about it is it requires the birth mother to re-think her decision again in another environment. Some judges even force the agency people to leave the court room or chamber while the birth mom is there - they want to make sure she is not being manipulated by the agency worker through eye contact, or other coaching. We believe the agencies want to remove the court hearing because they want total control over the relinquishments, and that means more babies for the agencies.

I know some of you have expressed concern over the part of the bill which appears to allow the birth father to terminate the birth mother's rights without her consent. I do not believe, as dastardly as this bill is, that they actually intended to do that, and it seems it would be unconstitutional. It was brought up in HEWI committee that the bill was creating a conflict between mothers rights and fathers rights . I think this may be one reason why it is now assigned to the Senate Judiciary committee. Yes, as I mentioned in my last update, it passed the House. Rep. Fran Coleman, an adoptee who voted against it told me she thought the legislators just didn't get to hear our side (she included herself in our side) even though I have been working all day, every day for weeks against it. We don't have a paid lobbyist and the agencies do. The bill was written by 6 Colorado adoption agencies. I know that many of you have been calling and writing, but I think some have been thinking that this wouldn't happen very quickly, and it has already passed the House and is now in Senate Judiciary.

One reason, I believe for the speedup is because the Lt Governor said adoption would be a priority this year in Colorado.

As of this afternoon, Feb 27,2003, it had not been scheduled for a day and time for a hearing in Judiciary, but I have been calling the bill room every day because the schedule changes every day. This is what needs to be done:
Contact the senators on Senate Judiciary now.
They are: Senator Dyer 303-866-4846, Senator Hillman 303-866-6360, Senator Evans 303-866-4881, Senator Gordon 303-866-2318, Senator Groff 303-866-4864, Senator Grossman 303-866-4852, Senator Windels 303-866-4840.

The above numbers are their Capital numbers which will allow you to leave a voice mail 24 hours a day. You can get additional numbers, FAXes and emails from the Colorado Home page :
http://www.state.co.us

You can also get updated information about the bill on that website . You can also call the bill room to get information. The bill room number is 303-866-3055.

National AAC is opposed to this bill . Signing relinquishments before children are born is outrageous. The only reason for this is to lock people into something they cannot get out of. In the HEWI committee the agencies kept saying: "This is voluntary". We know otherwise.

Senator Dyer, mentioned above is the Senate sponsor of the bill. I do not know him. It is important to contact him, and the other Judiciary members to let them know of your concerns.

I think the real issue is the rushed prebirth relinquishment and the elimination of the court hearing, not the supposed right of a father to terminate a mother. From what I heard at the HEWI hearing, that is what this is all about.

I can be reached on the CUB line in Denver at 303-825-3430, but have to return long distance calls collect.

Karen Kottmeier

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