Bill Text: IN HB1038 | 2010 | Regular Session | Introduced
Bill Title: Release of pre-adoptive sibling information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Public Policy [HB1038 Detail]
Download: Indiana-2010-HB1038-Introduced.html
Citations Affected: IC 31-9-2; IC 31-19.
Synopsis: Release of pre-adoptive sibling information. Repeals and
relocates language concerning requests for information about
pre-adoptive siblings. Allows requests for and requires, under certain
circumstances, release of information concerning pre-adoptive siblings
for any adoption. (Current law allows requests for and requires, under
certain circumstances, release of information only for adoptions that
are filed after December 31, 1993.)
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) IC 31-19-18;
(2) IC 31-19-16.5; and
(3) IC 31-19-25.5;
means a person who would have been a sibling of an adoptee had the adoptee not been adopted, regardless of whether the person is born before or after the adoptee's adoption is finalized.
(1) is in charge of the division of the state department of health that administers the system of vital records; and
(2) has charge of the files and records pertaining to vital records.
(1) An explanation concerning the:
(A) availability of adoption history information under IC 31-19-17 through
(B) birth parent's option to file a nonrelease form with the state registrar if the birth parent seeks to restrict the release of identifying information.
(2) A nonrelease form prescribed by the state registrar under IC 31-19-25-4.
(1) this chapter and IC 31-19-19 through IC 31-19-24;
(2) IC 31-19-25; and
(3) IC 31-19-25.5.
(b) The state registrar's publicity efforts must include periodic public service announcements regarding the availability of adoption history information.
(b) Except as provided in subsection (c) or (d), a person that is required to store, maintain, or release adoption records or other adoption information under IC 31-19-12-5, IC 31-19-17, IC 31-19-18, this chapter, or IC 31-19-20 through
(c) A person who transfers adoption records or other adoption information to the state registrar or a transferee agency in accordance with IC 31-19-12-5 is not required to comply with the storage or maintenance requirements of subsection (b).
(d) A person, including a court, who obtains custody of or jurisdiction over adoption records or other adoption information
following the dissolution, sale, transfer, closure, relocation, or death of
a person shall transfer the records or other information to the state
registrar or a transferee agency in accordance with IC 31-19-12-5,
unless the person wishes to store and maintain the records in
accordance with subsection (b).
(1) the county office of family and children;
(2) the department; or
(3) any of the licensed child placing agencies;
are confidential and open to inspection only as provided in IC 31-19-13-2(2), IC 31-19-17,
(b) The files and records described in subsection (a), including investigation records under IC 31-19-8-5 (or IC 31-3-1-4 before its repeal):
(1) are open to the inspection of the court hearing the petition for adoption; and
(2) on order of the court, may be:
(A) introduced into evidence; and
(B) made a part of the record;
in the adoption proceeding.
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or county office of family and children;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in IC 34-6-2-117);
are confidential and may be disclosed only in accordance with IC 31-19-17, this chapter,
(1) discloses any confidential information relating to any adoption except as provided in:
(A) this chapter or IC 31-19-20 through IC 31-19-24;
(B) IC 31-19-25; or
(C) IC 31-19-25.5; or
(2) allows an employee to disclose any confidential information relating to any adoption except as provided in this chapter;
commits a Class A misdemeanor.
(b) If a public employee commits a violation described in subsection (a), the violation is cause for discharge.
(1) the information is requested by a person described in IC 31-19-18-2(a); and
(2) the following persons have submitted a written consent under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to the state registrar that allows the release of identifying information to the person requesting the information:
(A) The adult adoptee.
(B) A birth parent.
(1) adoptee who:
(A) is at least twenty-one (21) years of age gives written consent; or
(B) is less than twenty-one (21) years of age has the written consent of the adoptee's adoptive parents; and
(2) birth parent gives written consent;
to the release of identifying information by the attorney, licensed child placing agency, or county office of family and children. If both the adoptee who is at least twenty-one (21) years of age and the birth parent consent to the release of identifying information but do not provide the consent in writing, the attorney, agency, or county office of family and children may inform the adoptee or the birth parent regarding the fact that an adoptee or a birth parent has consented to the
release of identifying information under IC 31-19-21 (or IC 31-3-4-27
before its repeal). The attorney, licensed child placing agency, or
county office of family and children may inquire as to whether the
adoptee or birth parent, whose consent is still needed before identifying
information may be released, is interested in participating in the
adoption registry under IC 31-19-18 through IC 31-19-21, this chapter,
and IC 31-19-23 through IC 31-19-24, and IC 31-19-25.5.
(1) Consider:
(A) the highly emotional and personal issues relating to adoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifying information is being sought under section 1 of this chapter; and
(D) any irreparable harm to a birth parent, an adoptee, or both, that may arise if appropriate consideration is not given to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order authorizing the confidential intermediary to search certain records that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in IC 34-6-2-117).
An order under this subdivision must specify the information to be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential intermediary may have with any person from whom the medical, identifying, or nonidentifying information is being sought, such as providing that the confidential intermediary may only inform the person of the existence of the adoption history program
administered by the state registrar under this chapter, and
IC 31-19-25, and IC 31-19-25.5.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search under
this chapter from resulting in harm to a birth parent or an adoptee.
(5) Require the confidential intermediary to affirm under oath that
the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2 through
11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible.
(b) Except as provided in sections 3 through
(1) the state registrar;
(2) the department;
(3) a county office of family and children;
(4) a licensed child placing agency;
(5) a professional health care provider (as defined in IC 34-6-2-117);
(6) the attorney who arranged the adoption; and
(7) a court;
shall release identifying information in the possession of the registrar, agency, professional health care provider, or court to an adoptee.
(b) Except as provided in IC 31-19-25.5, the following persons may not release any identifying information concerning the birth parent to the adoptee if a nonrelease form is in effect at the time of the request for identifying information:
(1) The state registrar.
(2) The department.
(3) A county office of family and children.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) A court.
(c) The nonrelease form filed under this section:
(1) remains in effect during the period indicated by the person submitting the form;
(2) is renewable; and
(3) may be withdrawn at any time by the person who submitted the form.
(d) The nonrelease form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.
Chapter 25.5. Requests for Information Concerning Pre-Adoptive Siblings
Sec. 1. An adoptee who is at least twenty-one (21) years of age or a pre-adoptive sibling who is at least twenty-one (21) years of age may submit a written request to the state registrar:
(1) stating an interest in being reunited with any pre-adoptive siblings; and
(2) authorizing the state registrar to release the name and present location of the person submitting the request to any pre-adoptive siblings who make similar inquiries.
Sec. 2. (a) If:
(1) an adoptee who is at least twenty-one (21) years of age; or
(2) a pre-adoptive sibling who is at least twenty-one (21) years of age;
expresses a desire to be reunited with a pre-adoptive sibling under section 1 of this chapter, the state registrar shall determine whether the requesting person's pre-adoptive sibling has made a similar inquiry.
(b) If the pre-adoptive sibling has previously authorized a release of information concerning the pre-adoptive sibling's identity under section 1 of this chapter, the state registrar shall release the pre-adoptive sibling's name and present location to each requesting person.
Sec. 3. (a) If an adoptee who is at least twenty-one (21) years of age or a pre-adoptive sibling who is at least twenty-one (21) years of age submits a written request to be reunited with a pre-adoptive
sibling under section 1 of this chapter but the pre-adoptive sibling
has not made a similar inquiry, the state registrar shall:
(1) search the sealed adoption records for information
concerning the pre-adoptive sibling; and
(2) if possible, contact and advise the pre-adoptive sibling of
the request unless the pre-adoptive sibling is less than
twenty-one (21) years of age.
(b) If the state registrar locates a pre-adoptive sibling who is at
least twenty-one (21) years of age, the contacted pre-adoptive
sibling shall make the final decision as to whether to release the
pre-adoptive sibling's name and present location to the requesting
person.
(c) If the state registrar locates a pre-adoptive sibling who is less
than twenty-one (21) years of age, the state registrar shall contact
the:
(1) pre-adoptive sibling's birth parents if the pre-adoptive
sibling has not been adopted; or
(2) pre-adoptive sibling's adoptive parents if the pre-adoptive
sibling has been adopted;
for the final determination regarding release of the pre-adoptive
sibling's name and present location to the requesting person.
(d) The state registrar shall notify the requesting person
whenever a pre-adoptive sibling has been located, but may not
release information about the pre-adoptive sibling's identity or
present location without authorization under this section.
(e) If the pre-adoptive sibling is deceased or cannot be identified
or located under this section, the state registrar shall notify the
requesting party, but may not release any information that would
tend to identify the pre-adoptive sibling.
(f) In an attempt to discover the identity and present location of
a pre-adoptive sibling, the state registrar shall receive, upon
request, any available adoptive information regarding the
pre-adoptive sibling's identity or location that is in the possession
of any of the following:
(1) The state division of vital records.
(2) The county office of family and children.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in
IC 34-6-2-117).
(5) The department.
Sec. 4. (a) The adoptive parents of an adoptee who is less than
twenty-one (21) years of age may submit a written request for
information concerning the identity and present location of any
pre-adoptive siblings of the adoptee.
(b) The state registrar shall release information concerning the
name and present location of a pre-adoptive sibling to the adoptive
parents if the pre-adoptive sibling submitted a written request
authorizing the release of the information under section 1 of this
chapter.
(c) If a mutual inquiry has not been made under section 1 of this
chapter, the state registrar shall do the following:
(1) Perform the duties described by section 3 of this chapter.
(2) Release information to the adoptive parents only to the
extent that information may be released to a requesting
person under section 3 of this chapter.
Sec. 5. A request or consent submitted under section 1, 3, or 4 of
this chapter may be withdrawn in a signed writing.
Sec. 6. The state registrar shall provide for the storage and
indexing of requests under this chapter.
Sec. 7. The state registrar may contact a person who submits a
request form that is incorrectly or incompletely executed to inform
the person regarding the error in the execution of the form.
Sec. 8. The following persons may charge a reasonable fee for
actual expenses incurred in complying with this chapter:
(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A county office of family and children.
(5) A professional health care provider.
(6) The state department of health.
Sec. 9. The state registrar:
(1) may adopt rules under IC 4-22-2; and
(2) shall prescribe any forms necessary;
to implement this chapter.
SECTION 16. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 31-19-25-6; IC 31-19-25-7; IC 31-19-25-8;
IC 31-19-25-9; IC 31-19-25-10.
