Sec.45a-728-7. Birth parent counseling

(a) Counseling of the birth mother may occur anytime during the pregnancy, but shall not occur later than seventy-two (72) hours after the birth of the child, or as soon as possible thereafter should the mother's medical condition prevent such counseling. In the case of a child whose age exceeds seventy-two (72) hours and where counseling of the birth mother was not delayed as the result of a medical condition counseling shall be provided to the birth mother prior to placement. Counseling shall also be offered to the birth father, if known within the time conditions provided for in this subsection.

(b) Such counseling shall be done by a staff person from a child placing agency or the department designated to provide this type of counseling or one of the following with the approval of the child placing agency or the department:

(1) A staff person in a Council on Accreditation of Services of Families and Children (hereafter referred to C.O.A.) accredited family services or child placing agency designated to provide this type of counseling.

(2) A staff person in a mental health facility accredited by the C.O.A. or the Joint Commission on the Accreditation of Hospitals designated to provide this type of counseling.

(3) A staff person in a governmental child welfare or child placing agency or a non-approved child placing agency designated to provide this type of counseling.

(4) A person who is a member of the Academy of Certified Social Workers.

(5) A person with a masters or doctoral degree in counseling, psychology or related mental health disciplines from an accredited college or university.

(c) Such counseling shall consist of:

(1) an explanation and consideration of alternatives to adoption available to the birth parent(s) to assist the birth parent(s) in determining the best course of action.

(2) detailed information regarding the identified adoption process including reviewing and providing a copy of these regulations.

(3) a thorough explanation and consideration of the legal and personal impact of terminating parental rights and adoption.

(4) an explanation of informed consent by using and having executed Affidavit/Consent to Termination of Parental Rights (form JD-JM-60) if the termination of parental rights is to occur in Connecticut. Such informed consent shall not be executed earlier than forty-eight (48) hours after birth pursuant to subsection (a) of Section 45a-715 of the Connecticut General Statutes.

(5) completion of department birth parent social and medical history forms in accordance with Section 45a-746 of the Connecticut General Statutes.

(d) The counselor shall prepare a written report containing a description of the topics covered as required pursuant to Sections 45a-728-1 through 45a-728-10, inclusive, of the Regulations of Connecticut State Agencies and the results thereof, including his/her opinion indicating whether or not the birth parent(s) understood all issues and was/were capable of informed consent. This report shall be submitted to the child placing agency no later than the date of placement of the child for adoption.

(e) The counselor's report, together with executed Affidavit/Consent to Termination of Parental Rights—Form JD-JM-60, shall be attached to and made a part of the report to the probate court required by subsection (e) of Section 45a-717 or subsection (b) of Section 45a-727 of the Connecticut General Statutes.

(f) The child placing agency or the department shall also certify that, if the birth father did not receive counseling, a reasonable effort was made to notify him of the availability of the counseling required by these regulations. Such certifications shall be made a part of the report required by subsection (e) of Section 45a-717 or subsection (b) of Section 45a-727 of the Connecticut General Statutes.

(Effective December 22, 1994)