Bill Text: AZ SB1379 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Adoption; birth parent information; release
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Introduced - Dead) 2016-02-01 - Referred to Senate HHS Committee [SB1379 Detail]
Download: Arizona-2016-SB1379-Introduced.html
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REFERENCE TITLE: adoption; birth parent information; release |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1379 |
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Introduced by Senators Burges: Allen S, Barto, Begay, Farnsworth D, Miranda, Shooter, Smith; Representatives Gray, Kern, Lawrence, Leach, Livingston
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AN ACT
amending sections 8‑120 and 8‑121, Arizona Revised Statutes; amending title 8, chapter 1, article 1, Arizona Revised Statutes, by adding section 8‑136; relating to adoption.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-120, Arizona Revised Statutes, is amended to read:
8-120. Records; inspection; exception; destruction or transfer of certain records
A. Except as provided in section 8‑129 or 8‑136, all files, records, reports and other papers compiled under this article, whether filed in or in possession of the court, an agency or any person or association, shall be withheld from public inspection.
B. Such files, records, reports and other papers may be open to inspection by persons and agencies having a legitimate interest in the case and their attorneys and by other persons and agencies having a legitimate interest in the protection, welfare or treatment of the child if so ordered by the court.
C. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.
D. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.
E. Except for files that belong to an attorney, all files, records, reports and other papers not filed in or in the possession of the court shall not be destroyed until after a ninety‑nine year period. The files that belong to an attorney shall not be destroyed until after a seven-year period.
F. If an adoption agency ceases operations, the adoption agency shall do all of the following:
1. Transfer the documents described in subsection A of this section to the division or to another adoption agency in this state if the documents concern a matter that is closed.
2. Transfer the documents described in subsection A of this section to another adoption agency in this state if the documents concern a matter that is open.
3. Notify the division of the transfer of any documents to another adoption agency in this state pursuant to this subsection.
4. Notify all adoptive parents whose files it is transferring pursuant to this subsection of the transfer.
Sec. 2. Section 8-121, Arizona Revised Statutes, is amended to read:
8-121. Confidentiality of information; exceptions
A. It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8‑120, 8‑129, or 8‑134 or 8‑136, or except for purposes permitted by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8‑116. After one hundred years has elapsed from the date of the order issued pursuant to section 8‑116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records. The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.
B. The provisions of This section shall does not be construed to prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.
C. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.
D. A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption. Nonidentifying information may be released by the court pursuant to section 8‑129. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8‑106. If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.
E. An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information. If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.
F. This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption.
Sec. 3. Title 8, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 8-136, to read:
8-136. Adoption agency records; release; definitions
A. Sections 8‑120 and 8‑121 do not prohibit an adoption service provider from sharing birth parent database information described in subsection B of this section with other adoption service providers in the United States to prevent or mitigate fraudulent birth parent activities.
B. The following information may be released pursuant to subsection A of this section:
1. For the birth mother, all potential birth fathers or the legal father or all of these individuals, any of the following:
(a) First name.
(b) First two initials of the last name.
(c) City and state of residence.
(d) Age.
2. Due date of the birth of the baby.
3. The name of the adoption agency.
4. The date the representation of or assistance to the birth mother began.
5. The date the representation of the birth mother ended.
6. The reason the representation ended.
C. If there is suspected or confirmed multiple representation, discontinued services or misrepresentation, an adoption service provider may contact and release as much information to another adoption service provider or an adopting family to mitigate or prevent fraud. information released to an adopting family pursuant to this section is limited to the full names of the birth parents and the names of all adoption service providers involved in the adoption.
D. An adoption service provider may contact and release to an attorney, a law enforcement agency, the county attorney or the attorney general as much information as necessary to seek civil or criminal remedies.
e. for the purposes of this section:
1. "adoption service provider" means an adoption agency, adoption facilitator or adoption consultant that represents or assists a birth parent or an adopting family.
2. "prevent fraud" includes to take proactive measures to confirm that the birth parent is not engaging in multiple representation, discontinued services or misrepresentation.
