Bill Text: CA SB1274 | 2023-2024 | Regular Session | Amended
Bill Title: Vital records: adoptees’ birth certificates.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-09 - April 10 set for first hearing canceled at the request of author. [SB1274 Detail]
Download: California-2023-SB1274-Amended.html
|
Amended
IN
Senate
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1274
| Introduced by Senator Eggman (Principal coauthor: Senator Wahab) |
February 15, 2024 |
An act to amend Section 102645 of, to repeal Section 102675 of, and to repeal and add Section 102705 of, 1798.24 of the Civil Code, and to amend Sections 102645, 102680, and 102705 of, to add Sections 102620, 102706, and 102707 to, and to repeal Section 102675 of, the Health and Safety Code, relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1274, as amended, Eggman.
Vital records: adoptees’ birth certificates.
Existing law prohibits an agency from disclosing personal information that would link the information to the individual unless, among other things, the information is provided to a governmental entity by law, or the disclosure is to the individual to whom the information pertains.
This bill would authorize disclosure of an original birth certificate, as defined, to an adopted person, or child or grandchild of an adopted person.
Existing law requires the clerk of the court to report the decree to the State Registrar within 5 days after a decree of adoption. Existing law requires the State Registrar to generate a new birth certificate when the State Registrar receives a report of adoption from a
specified court or when the State Registrar receives a specified court order.
Existing law requires the new birth certificate to bear certain information and be identical to the certificate issued to the natural parents, except, when requested by the adopting parents, the certificate is required to omit the facility of birth and the race and color of the parents.
This bill would remove the adopted parents exception described above that required the certificate to omit the facility of birth and the race and color of the parents.
Existing law authorizes the adopting parents to request an amended certificate that omits, among other things, the city and county of birth, or the color and race of the parents.
This bill would repeal that authorization.
Existing law provides that
makes vital records related to adoptions, other than a newly issued birth certificate, shall be available only upon the order of the superior court of the county of residence of the adopted child or of the county granting the order of adoption. Under existing law, the court is prohibited
Existing law prohibits the court from granting the records order unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for granting the order.
This bill would repeal those provisions and instead require the State Registrar to provide a copy of the adopted person’s original birth certificate and evidence of adoption to the adult adopted person born in this state, or a direct line descendant of a deceased adopted person. similarly prohibit the court from granting a records order releasing an original birth certificate. The bill would also require the State Registrar to create and make available to a birth parent a contact preference form containing certain elections that
would be available for release when a request for an original birth certificate is made.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.24 of the Civil Code is amended to read:1798.24.
An agency shall not disclose(a) To the individual to whom the information pertains.
(b) With the prior written voluntary consent of the individual to whom the information pertains, but only if that consent has been obtained not more than 30 days before the disclosure, or in the time limit agreed to by the individual in the written consent.
(c) To the duly appointed guardian or conservator of the individual
or a person representing the individual if it can be proven with reasonable certainty through the possession of agency forms, documents, or correspondence that this person is the authorized representative of the individual to whom the information pertains.
(d) To those officers, employees, attorneys, agents, or volunteers of the agency that have custody of the information if the disclosure is relevant and necessary in the ordinary course of the performance of their official duties and is related to the purpose for which the information was acquired.
(e) To a person, or to another agency if the transfer is necessary for the transferee agency to perform its constitutional or statutory duties, and the use is compatible with a purpose for which the information was collected and the use or transfer is in accordance with Section 1798.25. With respect to information transferred from a
law enforcement or regulatory agency, or information transferred to another law enforcement or regulatory agency, a use is compatible if the use of the information requested is needed in an investigation of unlawful activity under the jurisdiction of the requesting agency or for licensing, certification, or regulatory purposes by that agency.
(f) To a governmental entity if required by state or federal law.
(g) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(h) To a person who has provided the agency with advance, adequate written assurance that the information will be used solely for statistical research or reporting purposes, but only if the information to be disclosed is in a form that will not identify any
an individual.
(i) Pursuant to a determination by the agency that maintains information that compelling circumstances exist that affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at the individual’s last known address. Disclosure shall not be made if it is in conflict with other state or federal laws.
(j) To the State Archives as a record that has sufficient historical or other value to warrant its continued preservation by the California state government, or for evaluation by the Director of General Services or the director’s designee to determine whether the record has further administrative, legal, or fiscal value.
(k) To any
a person pursuant to a subpoena, court order, or other compulsory legal process if, before the disclosure, the agency reasonably attempts to notify the individual to whom the record pertains, and if the notification is not prohibited by law.
(l) To any a person pursuant to a search warrant.
(m) Pursuant to Article 3 (commencing with Section 1800) of Chapter 1 of Division 2 of the Vehicle Code.
(n) For the sole purpose of verifying and paying government health care service claims made pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code.
(o) To a law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law.
(p) To another person or governmental organization to the extent necessary to obtain information from the person or governmental organization for an investigation by the agency of a failure to comply with a specific state law that the agency is responsible for enforcing.
(q) To an adopted person and disclosure is limited to general background information pertaining to the adopted person’s biological parents, if the information does not include or reveal the identity of the biological parents.
(r) To an
adopted person, or child or grandchild of an adopted person, limited to the adopted person’s original birth certificate retrieved as prescribed in Section 102705 of the Health and Safety Code.
(r)
(s) To a child or a grandchild of an adopted person and disclosure is limited to medically necessary information pertaining to the adopted person’s biological parents. However, the information, or the process for obtaining the information, shall not include or reveal the identity of the biological parents. The State Department of Social Services shall adopt regulations governing the release of information pursuant to this subdivision. The regulations shall
require licensed adoption agencies to provide the same services provided by the department as established by this subdivision.
(s)
(t) To a committee of the Legislature or to a Member of the Legislature, or the member’s staff if authorized in writing by the member, if the member has permission to obtain the information from the individual to whom it pertains or if the member provides reasonable assurance that the member is acting on behalf of the individual.
(t)
(u) (1) To the University of California, a nonprofit educational institution, an established nonprofit research institution performing health or social services research, the Cradle-to-Career Data System, for purposes consistent with the creation and execution of the Cradle-to-Career Data System Act pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, or, in the case of education-related data, another nonprofit entity, conducting scientific research, if the request for information is approved by the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency (CHHSA) or an institutional review board, as authorized in paragraphs (5) and (6). The approval shall include a review and determination that all the following criteria have been satisfied:
(A) The researcher has provided a plan
sufficient to protect personal information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect personal information from reasonable anticipated threats to the security or confidentiality of the information.
(B) The researcher has provided a sufficient plan to destroy or return all personal information as soon as it is no longer needed for the research project, unless the researcher has demonstrated an ongoing need for the personal information for the research project and has provided a long-term plan sufficient to protect the confidentiality of that information.
(C) The researcher has provided sufficient written assurances that the personal information will not be reused or disclosed to any other person or entity, or used in any manner, not approved in the research protocol, except as required by law or for
authorized oversight of the research project.
(2) The CPHS shall enter into a written agreement with the Office of Cradle-to-Career Data, as defined in Section 10862 of the Education Code, to assist the managing entity of that office in its role as the institutional review board for the Cradle-to-Career Data System.
(3) The CPHS or institutional review board shall, at a minimum, accomplish all of the following as part of its review and approval of the research project for the purpose of protecting personal information held in agency databases:
(A) Determine whether the requested personal information is needed to conduct the research.
(B) Permit access to personal information only if it is needed for the research project.
(C) Permit access only to the minimum necessary personal information needed for the research project.
(D) Require the assignment of unique subject codes that are not derived from personal information in lieu of social security numbers if the research can still be conducted without social security numbers.
(E) If feasible, and if cost, time, and technical expertise permit, require the agency to conduct a portion of the data processing for the researcher to minimize the release of personal information.
(4) Reasonable costs to the agency associated with the agency’s process of protecting personal information under the conditions of CPHS approval may be billed to the researcher, including, but not limited to, the agency’s costs for conducting a portion of the
data processing for the researcher, removing personal information, encrypting or otherwise securing personal information, or assigning subject codes.
(5) The CPHS may enter into written agreements to enable other institutional review boards to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision are satisfied.
(6) Pursuant to paragraph (5), the CPHS shall enter into a written agreement with the institutional review board established pursuant to former Section 49079.6 of the Education Code. The agreement shall authorize, commencing July 1, 2010, or the date upon which the written agreement is executed, whichever is later, that board to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision and the act specified in subdivision (a) of
Section 49079.5 of the Education Code are satisfied.
(u)
(v) To an insurer if authorized by Chapter 5 (commencing with Section 10900) of Division 4 of the Vehicle Code.
(v)
(w) Pursuant to Section 450, 452, 8009, or 18396 of the Financial Code.
(w)
(x) For the sole purpose of participation in interstate data sharing of prescription drug monitoring program information pursuant to the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), if disclosure is limited to prescription drug monitoring program information.
This article does not require the disclosure of personal information to the individual to whom the information pertains if that information may otherwise be withheld as set forth in Section 1798.40.
SEC. 2.
Section 102620 is added to the Health and Safety Code, to read:102620.
For the purposes of this article, “original birth certificate” means the certificate issued at a live birth of an adopted person pursuant to Section 102100 that has been sealed pursuant to Section 102685 or supplanted pursuant to Section 102680.SECTION 1.SEC. 3.
Section 102645 of the Health and Safety Code is amended to read:102645.
The new birth certificate shall bear the name of theSEC. 2.SEC. 4.
Section 102675 of the Health and Safety Code is repealed.SEC. 5.
Section 102680 of the Health and Safety Code is amended to read:102680.
(a) The new birth certificate shall supplant any birth certificate previously registered for the child and shall be the only birth certificate open to public inspection.(b) Nothing in this section precludes an adopted person from retrieving their original birth certificate pursuant to Section 102706.
Notwithstanding any other provision of law, the State Registrar shall provide to an adopted person who is 18 years of age or older and who was born in this state, or to a direct line descendant of a deceased adopted person, a copy of the adopted person’s original birth certificate and any evidence of the adoption previously filed with the State Registrar.
SEC. 6.
Section 102705 of the Health and Safety Code is amended to read:102705.
(a) All records and information specified in this article, other than the newly issued birth certificate, and the original birth certificate as defined in Section 102620, shall be available only upon the order of the superior court of the county of residence of the adopted child or the superior court of the county granting the order of adoption.No such order shall be granted by the superior court
(b) The superior court shall not grant an order unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for the granting of the order. The clerk of the superior court shall send a copy of the petition to the State Department of Social Services and the department shall send a copy of all records and information it has concerning the adopted person with the name and address of the natural parents removed to the court. The court must review these records before making an order and the order should so state. If the petition is by or on behalf of an adopted child who has attained majority, these facts shall be given great weight, but the granting of any
a petition is solely within the sound discretion of the court.
The
(c) The name and address of the natural parents shall be given to the petitioner only if he or she they can demonstrate that the name and address, or either of them, are necessary to assist him or her
them in establishing a legal right.
SEC. 7.
Section 102706 is added to the Health and Safety Code, to read:102706.
(a) Notwithstanding any other provision of law, the State Registrar shall provide to an adopted person who is 18 years of age or older and who was born in this state, or to a direct line descendant of a deceased adopted person, a copy of the adopted person’s original birth certificate, as defined in Section 102620, previously filed with the State Registrar.(b) To receive a copy of an original birth certificate pursuant to this section, the adopted person, or a direct line descendant of a deceased adopted person, shall make the request to either the county or State Registrar. A copy of the original birth certificate shall clearly indicate that it may not be used for identification purposes.
(c) All procedures, fees, and waiting periods pursuant to Section 103525 to 103590, inclusive, and applicable to a nonadopted person’s request for a copy of a birth certificate, shall apply to requests made pursuant to this section.
(d) If a contact preference form is attached to an original birth certificate as provided in Section 102707, the State Registrar shall provide a copy of the contact preference form at the time the original birth certificate is produced to the adopted person.
SEC. 8.
Section 102707 is added to the Health and Safety Code, to read:102707.
(a) The State Registrar shall make available to the public, a contact preference form as described in this section. The contact preference form shall include the following selections to be completed at the option of the birth parent:(1) “I would like to be contacted.”
(2) “I would prefer to be contacted only through an intermediary.”
(3) “I would prefer not to be contacted at this time. If I decide at a later time that I would like to be contacted, I will submit an updated contact preference form to the State Department of Public Health.”
(b) If a
birth parent of an adopted person submits a completed contact preference form to the State Registrar, the State Registrar shall do the following:
(1) Match the contact preference form to the adopted person’s original birth certificate.
(2) Attach the contact preference form to the original birth certificate.
(c) A contact preference form submitted to the State Registrar pursuant to this section is a confidential communication between the birth parent and the adopted person or direct line descendant of a deceased adopted person and, notwithstanding any other law, may only be released as provided in Section 102706.
