Bill Text: FL S1700 | 2021 | Regular Session | Introduced
Bill Title: Release of Adoption Information
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Children, Families, and Elder Affairs [S1700 Detail]
Download: Florida-2021-S1700-Introduced.html
Florida Senate - 2021 SB 1700 By Senator Torres 15-01580A-21 20211700__ 1 A bill to be entitled 2 An act relating to release of adoption information; 3 amending s. 63.162, F.S.; revising circumstances under 4 which certain adoption records may be released without 5 a court order; conforming provisions to changes made 6 by the act; deleting a provision relating to court 7 appointed intermediaries or licensed child-placing 8 agencies that contact certain birth parents or adult 9 adoptees; amending s. 382.015, F.S.; authorizing the 10 Department of Health to break the seal of specified 11 birth records upon the request of the person whose 12 birth is the subject of such records, subject to 13 certain conditions; amending s. 63.085, F.S.; 14 conforming a cross-reference; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsections (4) through (7) of section 63.162, 20 Florida Statutes, are amended to read: 21 63.162 Hearings and records in adoption proceedings; 22 confidential nature.— 23 (4)(a)A person may disclose the following from the records24without a court order:251.The name and identity of the birth parent, if the birth26parent authorizes in writing the release of his or her name and27the adoptee is 18 years of age or older. If the adoptee is28younger than 18 years of age, the adoptive parent must also29provide written consent to disclose the birth parent’s name;302.The name and identity of the adoptee, if the adoptee is3118 years of age or older and authorizes in writing the release32of his or her name; or, if the adoptee is younger than 18 years33of age, written consent to disclose the adoptee’s name is34obtained from an adoptive parent; or353.The name and identity of the adoptive parent, if the36adoptive parent authorizes in writing the release of his or her37name.38(b)A person may disclose from the records without a court 39 order the name and identity of a birth parent, an adoptive 40 parent, or an adoptee under s. 382.015(4)upon order of the41court for good cause shown.In determining whether good cause42exists, the court shall give primary consideration to the best43interests of the adoptee, but must also give due consideration44to the interests of the adoptive and birth parents. Factors to45be considered in determining whether good cause exists include,46but are not limited to:471.The reason the information is sought;482.The existence of means available to obtain the desired49information without disclosing the identity of the birth50parents, such as by having the court, a person appointed by the51court, the department, or the licensed child-placing agency52contact the birth parents and request specific information;533.The desires, to the extent known, of the adoptee, the54adoptive parents, and the birth parents;554.The age, maturity, judgment, and expressed needs of the56adoptee; and575.The recommendation of the department, licensed child58placing agency, or professional that prepared the preliminary59study and home investigation, or the department if no such study60was prepared, concerning the advisability of disclosure.61(5)The adoptee or other person seeking information under62this subsection shall pay the department or agency making63reports or recommendations as required hereunder a reasonable64fee for its services and expenses.65(6)Subject to the provisions of subsection (4),66identifying information regarding the birth parents, adoptive67parents, and adoptee may not be disclosed unless a birth parent,68adoptive parent, or adoptee has authorized in writing the69release of such information concerning himself or herself.70Specific names or identifying information must not be given in a71family medical history.All nonidentifying information, 72 including the family medical history and social history of the 73 adoptee and the birth parents, when available, must be furnished 74 to the adoptive parents before the adoption becomes final and to 75 the adoptee, upon the adoptee’s request, after he or she reaches 76 majority. Upon the request of the adoptive parents, all 77 nonidentifying information obtained before or after the adoption 78 has become final must be furnished to the adoptive parents. 79(7)The court may, upon petition of an adult adoptee or80birth parent, for good cause shown, appoint an intermediary or a81licensed child-placing agency to contact a birth parent or adult82adoptee, as applicable, who has not registered with the adoption83registry pursuant to s. 63.165 and advise both of the84availability of the intermediary or agency and that the birth85parent or adult adoptee, as applicable, wishes to establish86contact.87 Section 2. Subsection (4) of section 382.015, Florida 88 Statutes, is amended to read: 89 382.015 New certificates of live birth; duty of clerks of 90 court and department.—The clerk of the court in which any 91 proceeding for adoption, annulment of an adoption, affirmation 92 of parental status, or determination of paternity is to be 93 registered, shall within 30 days after the final disposition, 94 forward to the department a certified copy of the court order, 95 or a report of the proceedings upon a form to be furnished by 96 the department, together with sufficient information to identify 97 the original birth certificate and to enable the preparation of 98 a new birth certificate. The clerk of the court shall implement 99 a monitoring and quality control plan to ensure that all 100 judicial determinations of paternity are reported to the 101 department in compliance with this section. The department shall 102 track paternity determinations reported monthly by county, 103 monitor compliance with the 30-day timeframe, and report the 104 data to the clerks of the court quarterly. 105 (4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL.— 106 (a) When a new certificate of birth is prepared, the 107 department shall substitute the new certificate of birth for the 108 original certificate on file. All copies of the original 109 certificate of live birth in the custody of a local registrar or 110 other state custodian of vital records shall be forwarded to the 111 State Registrar. Thereafter, when a certified copy of the 112 certificate of birth or portion thereof is issued, it shall be a 113 copy of the new certificate of birth or portion thereof, except 114 when a court order requires issuance of a certified copy of the 115 original certificate of birth. 116 (b) In an adoption, change in paternity, affirmation of 117 parental status, undetermined parentage, or court-ordered 118 substitution, the department shall place the original 119 certificate of birth and all papers pertaining thereto under 120 seal, not to be broken except by order of a court of competent 121 jurisdiction, at the request of the person whose birth is the 122 subject of the certificate of birth, provided that such person 123 is 18 years of age or older, or as otherwise provided by law. 124 However, before the seal may be broken and the record opened 125 without a court order, the requesting person must first identify 126 himself or herself to the satisfaction of the State Registrar. 127 Section 3. Paragraph (a) of subsection (2) of section 128 63.085, Florida Statutes, is amended to read: 129 63.085 Disclosure by adoption entity.— 130 (2) DISCLOSURE TO ADOPTIVE PARENTS.— 131 (a) At the time that an adoption entity is responsible for 132 selecting prospective adoptive parents for a born or unborn 133 child whose parents are seeking to place the child for adoption 134 or whose rights were terminated pursuant to chapter 39, the 135 adoption entity must provide the prospective adoptive parents 136 with information concerning the background of the child to the 137 extent such information is disclosed to the adoption entity by 138 the parents, legal custodian, or the department. This subsection 139 applies only if the adoption entity identifies the prospective 140 adoptive parents and supervises the placement of the child in 141 the prospective adoptive parents’ home. If any information 142 cannot be disclosed because the records custodian failed or 143 refused to produce the background information, the adoption 144 entity has a duty to provide the information if it becomes 145 available. An individual or entity contacted by an adoption 146 entity to obtain the background information must release the 147 requested information to the adoption entity without the 148 necessity of a subpoena or a court order. In all cases, the 149 prospective adoptive parents must receive all available 150 information by the date of the final hearing on the petition for 151 adoption. The information to be disclosed includes: 152 1. A family social and medical history form completed under 153 s. 63.162(4)pursuant to s. 63.162(6). 154 2. The biological mother’s medical records documenting her 155 prenatal care and the birth and delivery of the child. 156 3. A complete set of the child’s medical records 157 documenting all medical treatment and care since the child’s 158 birth and before placement. 159 4. All mental health, psychological, and psychiatric 160 records, reports, and evaluations concerning the child before 161 placement. 162 5. The child’s educational records, including all records 163 concerning any special education needs of the child before 164 placement. 165 6. Records documenting all incidents that required the 166 department to provide services to the child, including all 167 orders of adjudication of dependency or termination of parental 168 rights issued pursuant to chapter 39, any case plans drafted to 169 address the child’s needs, all protective services 170 investigations identifying the child as a victim, and all 171 guardian ad litem reports filed with the court concerning the 172 child. 173 7. Written information concerning the availability of 174 adoption subsidies for the child, if applicable. 175 Section 4. This act shall take effect July 1, 2021.