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Introduced Version






HOUSE BILL No. 1029

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-9-2-64; IC 31-19-24.

Synopsis: Adoption history information. Adds a relative of an adoptee and a pre-adoptive sibling to the list of interested persons who may obtain medical history information and file a petition with an appropriate court to request the release of medical information, nonidentifying information, or identifying information. Requires that a petition requesting release of medical, nonidentifying, or identifying information must include the reasons why the release of information may be beneficial to an interested person. (Current law requires that the petition must include reasons why the release of information may be beneficial to the adoptee or birth parent.) Requires the court to appoint a confidential intermediary if certain requirements are met and the petitioner has shown an emergency medical need or good cause relating to the welfare of an interested person. (Current law requires the court to appoint a confidential intermediary if certain requirements are met and the petitioner has shown an emergency medical need or good cause relating to the welfare of an adoptee or birth parent.)

Effective: July 1, 2013.





Negele




    January 7, 2013, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1029



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-9-2-64; (13)IN1029.1.1. -->     SECTION 1. IC 31-9-2-64, AS AMENDED BY P.L.145-2006, SECTION 198, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 64. "Interested person", for purposes of IC 31-19-20 and IC 31-19-24, means any of the following:
        (1) An adoptee.
        (2) A birth parent.
        (3) An adoptive parent.
        (4) A relative of a birth parent.
        (5) A relative of an adoptive parent.
         (6) A relative of an adoptee.
        (7) A pre-adoptive sibling (as defined in section 93 of this chapter).

        (6) (8) The department or a county office of family and children.
        (7) (9) An adoption agency.
        (8) (10) A court.
SOURCE: IC 31-19-24-1; (13)IN1029.1.2. -->     SECTION 2. IC 31-19-24-1, AS AMENDED BY P.L.191-2011, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: 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 or not allowed to be released by 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; any interested person; and


            (C) that the medical, identifying, or nonidentifying information sought:
                (i) is not available through the state registrar; or
                (ii) is not allowed to be released by 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.
SOURCE: IC 31-19-24-2; (13)IN1029.1.3. -->     SECTION 3. IC 31-19-24-2, AS AMENDED BY P.L.191-2011, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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; any interested person.
                (iii) an interest in having contact with a pre-adoptive sibling; or
                (iv) if the petitioner is a pre-adoptive sibling, an interest in having contact with an adoptee.
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.