2016 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 19. FAMILY LAW: ADOPTION CHAPTER 19. CONFIDENTIALITY REQUIREMENTS FOR ADOPTION HISTORY AND OTHER ADOPTION RECORDS
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IC 31-19-19
Chapter 19. Confidentiality Requirements for Adoption
History and Other Adoption Records
IC 31-19-19-0.5
Storing and maintaining adoption records or other adoption
information
Sec. 0.5. (a) This section does not apply to a confidential
intermediary appointed under IC 31-19-24.
(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 IC 31-19-25.5 shall store and
maintain the adoption records or other adoption information for at
least ninety-nine (99) years after the date the adoption was filed.
Unless otherwise provided by law, the adoption records or other
adoption information may be stored and maintained in an electronic
or other format, including microfiche, microfilm, or a digital format.
(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).
As added by P.L.42-2009, SEC.2. Amended by P.L.191-2011,
SEC.19.
IC 31-19-19-1
Court files and records
Sec. 1. (a) The following items are confidential:
(1) A petition for adoption.
(2) Reports of the investigation made under IC 31-19-8-5 (or
IC 31-3-1-4 before its repeal).
(3) All other papers filed in connection with a petition for
adoption.
(4) The record of evidence of the hearing.
(5) The decree made and entered by the court, including decrees
in foreign adoptions filed under IC 31-19-28 (or IC 31-3-1-10
before its repeal).
(b) The files and records of the court pertaining to the adoption
proceedings:
(1) shall be kept in the custody of the clerk of the court; and
(2) are not open to inspection, except as provided in
Indiana Code 2016
IC 31-19-13-2(2).
As added by P.L.1-1997, SEC.11.
IC 31-19-19-2
Agency files and records
Sec. 2. (a) All files and records pertaining to the adoption
proceedings in:
(1) the local office;
(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, this chapter, or IC 31-19-20 through
IC 31-19-25.5.
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.25; P.L.100-2005, SEC.6; P.L.145-2006, SEC.254;
P.L.191-2011, SEC.20; P.L.128-2012, SEC.63.
IC 31-19-19-3
Adoption history information
Sec. 3. Notwithstanding any other law, the information located in
the adoption history may not be disclosed under:
(1) IC 5-14-3; or
(2) any freedom of information:
(A) legislation;
(B) rules; or
(C) practice.
As added by P.L.1-1997, SEC.11.
IC 31-19-19-4
Confidentiality of adoption papers, records, and information;
disclosure procedures
Sec. 4. All papers, records, and information pertaining to the
adoption, whether part of:
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or local office;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in
Indiana Code 2016
IC 34-6-2-117);
are confidential and may be disclosed only in accordance with
IC 31-19-17, this chapter, or IC 31-19-20 through IC 31-19-25.5.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.159;
P.L.100-2005, SEC.7; P.L.145-2006, SEC.255; P.L.191-2011,
SEC.21; P.L.128-2012, SEC.64.
IC 31-19-19-5
Disclosure of confidential information; offense; discharge from
public office
Sec. 5. (a) An employer or any person administering adoption
records who recklessly, knowingly, or intentionally:
(1) discloses any confidential information relating to any
adoption except as provided in IC 31-19-17, this chapter, or
IC 31-19-20 through 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.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.22.
Indiana Code 2016
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