2006 Indiana Code - CHAPTER 24. COURT PROCEEDING TO REQUEST RELEASE OF ADOPTION HISTORY INFORMATION NOT AVAILABLE FROM STATE REGISTRAR
IC 31-19-24Chapter 24. Court Proceeding to Request Release of Adoption History Information Not Available From State Registrar
IC 31-19-24-1
Petitions; contents
31-19-24-1 Sec. 1. (a) Any interested person may file a petition
with any court with probate jurisdiction in Indiana requesting the
release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar.
(b) The contents of a petition must include to the best knowledge
of the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or
congenital; or
(iii) why the information to be sought or shared is
necessary for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or
nonidentifying information is sought, that sets forth the
reasons why the release of the information may be beneficial
to the welfare of the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifying
information sought is not available through the state
registrar.
(10) A statement by the petitioner that the petitioner agrees to
the payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed
under section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney,
a child placing agency, or a professional health care provider
(as defined in IC 34-6-2-117) that is requested to search its
records and release information under sections 2 through 11
of this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.12; P.L.1-1998, SEC.163.
IC 31-19-24-2
Notice to registrar and opportunity to respond; appointment of
guardian ad litem or court appointed special advocate
31-19-24-2 Sec. 2. Upon the filing of a petition under section 1 of
this chapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for
disclosure of information; and
(B) has been afforded the opportunity to respond to the
petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with
the state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need; or
(ii) good cause relating to the welfare of the adoptee or the
birth parent.
A confidential intermediary appointed under subdivision (2) may be
any person who the court reasonably believes is competent to carry
out the responsibilities described in section 3 of this chapter and
meets the qualifications under section 14 of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.13.
IC 31-19-24-3
Order to guardian or court appointed special advocate to search
records
31-19-24-3 Sec. 3. Whenever the court appoints a confidential
intermediary under section 2(2) of this chapter, the court shall do the
following:
(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.
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.14; P.L.1-1998, SEC.164; P.L.145-2006, SEC.259.
IC 31-19-24-4
Search for information and persons
31-19-24-4 Sec. 4. The confidential intermediary shall:
(1) make complete and reasonable efforts to locate the medical,
identifying, or nonidentifying information;
(2) attempt to locate any person necessary to obtain the medical,
identifying, or nonidentifying information;
(3) inform the person contacted of the medical or other need set
forth by the petitioner; and
(4) obtain the needed medical, identifying, or nonidentifying
information.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.15.
IC 31-19-24-5
Fee for cost of search
31-19-24-5 Sec. 5. The confidential intermediary may charge a
reasonable fee for the cost of making a search under section 4 of this
chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.16.
IC 31-19-24-6
Confidentiality of communications; manner of communicating
31-19-24-6 Sec. 6. All communications under this chapter are
confidential, and any communication shall be made by a personal
contact by the confidential intermediary.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.17.
IC 31-19-24-7
Confidentiality of information filed with court
31-19-24-7 Sec. 7. Information released to the confidential
intermediary under this chapter shall be filed with the court in a
manner designed to:
(1) protect the identity and current location of the person
releasing the information; and
(2) preserve the confidentiality of the medical, identifying, or
nonidentifying information that the confidential intermediary
obtains.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.18.
IC 31-19-24-8
Court ordered release of information
31-19-24-8 Sec. 8. (a) If a person does not agree to release
medical, identifying, or nonidentifying information through the
confidential intermediary, the court may order the release of the
requested medical, identifying, or nonidentifying information after
considering any information regarding the person's refusal to release
the requested information to the confidential intermediary.
(b) If the court orders the release of the information under this
section, the court, upon receipt of the court ordered information,
shall follow the procedures described under section 10 of this
chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.19.
IC 31-19-24-9
Reports and supporting documents of guardian or court
appointed special advocate; confidentiality; release of
information
31-19-24-9 Sec. 9. (a) Whenever a confidential intermediary
obtains information under this chapter, the confidential intermediary
shall submit to the court:
(1) a written report; and
(2) any supporting documents;
describing the information obtained by the confidential intermediary.
(b) The information that the confidential intermediary submits to
the court under this section:
(1) is confidential; and
(2) may be released to the petitioner only upon a court order
under section 10 of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.20.
IC 31-19-24-10
Review and release of court ordered information
31-19-24-10 Sec. 10. The court shall review the medical,
identifying, or nonidentifying information submitted under section
9 of this chapter. The court may order the release of the information
to the petitioner under this section to the extent that the court
determines is just based upon the emergency medical need or good
cause shown under section 2(2)(B) of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-11
Imminent threat of death or serious bodily injury; proceedings
without written pleadings
31-19-24-11 Sec. 11. If an imminent threat of death or serious
bodily injury exists, the court may conduct the proceedings
authorized by this chapter without written pleadings.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-12
Immunity of confidential intermediary
31-19-24-12 Sec. 12. (a) A confidential intermediary discharging
in good faith the confidential intermediary's responsibilities under
this chapter is immune from all civil and criminal liability that
otherwise might result.
(b) The provisions regarding the representations, duties, and
appointment of a guardian ad litem or court appointed special
advocate described under IC 31-32-3 apply to a confidential
intermediary appointed under this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.21.
IC 31-19-24-13
Closed proceedings
31-19-24-13 Sec. 13. All hearings held in proceedings under this
chapter shall be held in closed court without admittance of any
person other than:
(1) essential officers of the court;
(2) the parties;
(3) witnesses;
(4) counsel;
(5) persons who have not previously consented to the adoption
but are required to consent to the adoption; and
(6) representatives of the agencies present to perform their
official duties.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-14
Appointment of confidential intermediary; requirements
31-19-24-14 Sec. 14. A court may only appoint a person to serve
as a confidential intermediary under this chapter if the person:
(1) agrees to abide by the order of the court under section 3 of
this chapter without advocating either the opening or
maintaining the confidentiality of adoption records;
(2) does not have a personal relationship with either the
petitioner or the person from whom the medical, identifying, or
nonidentifying information is being sought; and
(3) agrees to comply with the limitations set by the court in
searching for the information specified by the court under
section 3(4) of this chapter.
As added by P.L.196-1997, SEC.22.
IC 31-19-24-15
Breach of confidentiality
31-19-24-15 Sec. 15. A person who knowingly or intentionally
releases information in violation of sections 2 through 11 of this
chapter commits a Class A misdemeanor.
As added by P.L.196-1997, SEC.23.
IC 31-19-24-16
Penalty
31-19-24-16 Sec. 16. Failure of the confidential intermediary
appointed under this chapter to comply with a court order under
sections 2 through 11 of this chapter is punishable as contempt of
court.
As added by P.L.196-1997, SEC.24. Amended by P.L.2-1998,
SEC.77.
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