40-8-116. Placement for adoption by parent -- adoption by nonrelative -- birth mother counseling required. (1) In an adoption subject to 40-8-109, the department shall determine whether counseling of the birth parents is required.
     (2) If required, counseling must be done by a staff person from the department or a licensed child-placing agency designated to provide this type of counseling.
     (3) Counseling must consist of:
     (a) an explanation and consideration of adoption procedures that are available to birth parents along with the alternative of nonrelinquishment to assist them in determining the best course of action;
     (b) detailed information regarding the nonagency adoption process, including reviewing and providing a copy of 40-8-115 and this section; and
     (c) a thorough explanation and consideration of the legal and personal impact of terminating parental rights and of adoption.
     (4) The counselor shall prepare a written report containing a description of the topics covered and the results of the counseling, including his opinion indicating whether or not the birth parent understood all issues and was capable of informed consent. This report must be completed and filed with the court no later than the date the relinquishment of parental rights is executed.
     (5) The counselor's report must be attached to and made a part of the report required by 40-8-109(3).

     History: En. Sec. 3, Ch. 684, L. 1991.