Second Substitute H.B. 148

This document includes House Committee Amendments incorporated into the bill on Fri, Mar 8, 2013 at 8:59 AM by jeyring. -->

Representative Jim Nielson proposes the following substitute bill:

1 ADOPTION RECORDS ACCESS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jim Nielson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 78B, Chapter 6, Particular Proceedings, by amending the
10 procedures for disclosing information in an adoption record and creating a restricted
11 account.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . states that for an adoption finalized before March 22, 1941, the original birth
16 certificate shall be made available upon request;
17 . permits the release of identifying information about a birth mother, with her
18 permission, under certain circumstances;
19 . authorizes the Office of Vital Records and Statistics to collect a fee from an adult
20 adoptee accessing the mutual-consent, voluntary adoption registry, and directs the
21 office to deposit money in a designated restricted account;
22 . directs the Office of Vital Records and Statistics to, as funding allows:
23 . implement broad search terms and methods when attempting to find a match in
24 the mutual-consent, voluntary adoption registry; and
25 . advertise the services offered by the mutual-consent, voluntary adoption

26 registry;
27 . authorizes the Office of Vital Records and Statistics to partner with a private or
28 nonprofit organization to seek private funding for advertising and the operation of
29 the mutual-consent, voluntary adoption registry;
30 . requires an annual report on the effectiveness of the mutual-consent, voluntary
31 adoption registry to the Health and Human Services Interim Committee; and
32 . makes technical changes.
33 Money Appropriated in this Bill:
34 This bill appropriates:
35 . to the General Fund Restricted - Mutual-Consent, Voluntary Adoption Registry
36 Restricted Account as an ongoing appropriation:
37 . from the General fund, $50,000;
38 . to the Department of Health - Office of Vital Statistics:
39 . from the Mutual-Consent, Voluntary Adoption Registry Restricted Account,
40 $50,000, subject to intent language that the appropriation shall be used to fund
41 programs and services described in Section 78B-6-144.
42 Other Special Clauses:
43 None
44 Utah Code Sections Affected:
45 AMENDS:
46 78B-6-141, as last amended by Laws of Utah 2012, Chapter 340
47 78B-6-144, as last amended by Laws of Utah 2012, Chapter 340
48 ENACTS:
49 78B-6-144.5, Utah Code Annotated 1953
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 78B-6-141 is amended to read:
53 78B-6-141. Petition, report, and documents sealed -- Exceptions.
54 (1) As used in this section:
55 (a) "Adult adoptee" means a person at least 18 years old who was adopted as a child.
56 (b) "Identifying information" means information that may lead to the positive

57 identification of a birth parent, adoptee, or other biological relative, including a name, address,
58 or place of employment.
59 [(1) A] (2) For an adoption that is finalized before January 1, 2014, a petition for
60 adoption, the written report described in Section 78B-6-135 , and any other documents filed in
61 connection with the petition are sealed.
62 (3) For an adoption finalized before March 22, 1941, the original birth certificate shall
63 be made available for inspection pursuant to Subsection 26-2-22 (2).
64 (4) For an adoption that is finalized on or after January 1, 2014, a petition for adoption,
65 the written report described in Section 78B-6-135 , and any other documents filed in connection
66 with the petition:
67 (a) the original documents are sealed; and
68 (b) except as provided in Subsection (5), upon written request in the form established
69 by the office, the office shall make copies of the original documents in the possession of the
70 office available for inspection to:
71 (i) an adoptive parent who was a party to the adoption; or
72 (ii) an adult adoptee.
73 (5) (a) For an adoption that is finalized on or after January 1, 2014, a birth mother may
74 elect, in writing at the time of finalization, to refuse to permit identifying information about the
75 birth mother to be made available by the office for inspection by any individual.
76 (b) If a birth mother elects under Subsection (5)(a) to refuse to permit identifying
77 information about the birth mother to be made available for inspection, the office shall redact
78 all identifying information about the birth mother in the documents described Subsection
79 (4)(b).
80 (c) A birth mother may, at any time:
81 (i) change the election described in Subsection (5)(a); or
82 (ii) elect to make other information, including an updated medical history, available for
83 inspection by a party to the adoption or adult adoptee, if she makes the election in writing.
84 [(2)] (6) The documents described in Subsection [(1)] (2) may only be open to
85 inspection as follows:
86 (a) in accordance with Subsection [(3)] (7)(a), by a party to the adoption proceeding:
87 (i) while the proceeding is pending; or

88 (ii) within six months after the day on which the adoption decree is entered;
89 (b) subject to Subsection [(3)] (7)(b), a court enters an order permitting access to the
90 documents by a person who has appealed the denial of that person's motion to intervene;
91 (c) upon order of the court expressly permitting inspection or copying, after good cause
92 has been shown;
93 (d) as provided under Section 78B-6-144 ;
94 (e) those records shall become public on the one hundredth anniversary of the date the
95 final decree of adoption was entered; or
96 (f) if the adoptee is an adult at the time the final decree of adoption is entered, the
97 documents described in this section are open to inspection and copying without a court order
98 by the adoptee or a parent who adopted the adoptee, unless the final decree of adoption is
99 entered by the juvenile court under Subsection 78B-6-115 (3)(b).
100 [(3)] (7) (a) A person who files a motion to intervene in an adoption proceeding:
101 (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
102 and
103 (ii) may not be granted access to the documents described in Subsection [(1)] (2),
104 unless the motion to intervene is granted.
105 (b) An order described in Subsection [(2)] (6)(b) shall:
106 (i) prohibit the person described in Subsection [(2)] (6)(b) from inspecting a document
107 described in Subsection [(1)] (2) that contains identifying information of the adoptive or
108 prospective adoptive parent; and
109 (ii) permit the person described in Subsection [(3)] (7)(b)(i) to review a copy of a
110 document described in Subsection [(3)] (7)(b)(i) after the identifying information described in
111 Subsection [(3)] (7)(b)(i) is redacted from the document.
112 (8) A birth mother who opts out of disclosure of information under Subsection (5), may
113 participate in the mutual-consent, voluntary adoption registry described in Section 78B-6-144 .
114 (9) The office may charge a fee to an individual who requests information under this
115 section or changes an election under Subsection (5)(c), limited to:
116 (a) the cost of providing the service; and
117 (b) an additional fee, to be set by the office by rule, and to be deposited in the
118 Mutual-Consent, Voluntary Adoption Registry Restricted Account to fund the activities

119 described in Subsection 78B-6-144 (7).
120 Section 2. Section 78B-6-144 is amended to read:
121 78B-6-144. Mutual-consent, voluntary adoption registry -- Procedures -- Fees.
122 (1) As used in this section, "adult adoptee" is as defined in Section 78B-6-141 .
123 [(1)] (2) The office shall establish a mutual-consent, voluntary adoption registry.
124 (a) [Adult adoptees] An adult adoptee and a birth [parents] parent of an adult
125 [adoptees] adoptee, upon presentation of positive identification, may request identifying
126 information from the office, in the form established by the office. A court of competent
127 jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth
128 parent, in the form provided by the office, and transfer that request to the office. The adult
129 adoptee or birth parent is responsible for notifying the office of any change in information
130 contained in the request.
131 (b) The office may only release identifying information to an adult adoptee or birth
132 parent:
133 (i) when it receives requests from both the adoptee and the adoptee's birth parent[.]; or
134 (ii) pursuant to Subsections 78B-6-141 (3) through (7).
135 (c) After matching the request of an adult adoptee with that of at least one of the
136 adoptee's birth parents, the office shall notify both the adoptee and the birth parent that the
137 requests have been matched, and disclose the identifying information to those parties.
138 However, if that adult adoptee has a sibling of the same birth parent who is under the age of 18
139 years, and who was raised in the same family setting as the adult adoptee, the office shall not
140 disclose the requested identifying information to that adult adoptee or the adoptee's birth
141 parent.
142 [(2)] (3) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of
143 positive identification, may request identifying information from the office, in the form
144 established by the office. A court of competent jurisdiction or a child-placing agency may
145 accept that request from the adult adoptee or adult sibling, in the form provided by the office,
146 and transfer that request to the office. The adult adoptee or adult sibling is responsible for
147 notifying the office of any change in information contained in the request.
148 (b) The office may only release identifying information to an adult adoptee or adult
149 sibling when it receives requests from both the adoptee and the adoptee's adult sibling.

150 (c) After matching the request of an adult adoptee with that of the adoptee's adult
151 sibling, if the office [has been provided with] determined it has sufficient information to make
152 that match, the office shall notify both the adoptee and the adult sibling that the requests have
153 been matched, and disclose the identifying information to those parties.
154 (d) After receiving a request for information from an adult adoptee under this section,
155 the office shall:
156 (i) search the office's vital records for the adult adoptee's birth parent; and
157 (ii) if the search described in Subsection (3)(d)(i) reveals that adult adoptee's birth
158 parent is dead, inform the adult adoptee that the birth parent is dead and disclose the identity of
159 the birth parent.
160 (e) The office shall attempt to notify an individual who requests information under this
161 section:
162 (i) of the results of the initial search for a match; and
163 (ii) if the initial search does not produce a match, that the office will keep the request
164 on file and the office shall attempt to notify the individual in the event of a match.
165 [(3)] (4) Information registered with the [bureau] office under this section is available
166 only to a registered adult adoptee and the adoptee's registered birth parent or registered adult
167 sibling, under the terms of this section.
168 [(4)] (5) Information regarding a birth parent who has not registered a request with the
169 [bureau] office may not be disclosed, except as provided in Section 78B-6-141 .
170 [(5)] (6) The [bureau may] office shall:
171 (a) charge an adult adoptee:
172 (i) a fee for the cost of providing services [provided] under this section[, limited to the
173 cost of providing those services.]; and
174 (ii) an additional fee, to be set by the office by rule.
175 (b) deposit any funds received under Subsection (6)(a)(ii) in the Mutual-Consent,
176 Voluntary Adoption Registry Restricted Account created under Section 78B-6-144.5 .
177 (7) The office shall, as funding in the Mutual-Consent, Voluntary Adoption Registry
178 Donation Fund allow:
179 (a) automate the processes to operate the mutual-consent, voluntary adoption registry;
180 (b) maximize potential matches by utilizing broad search terms and methods; and

181 (c) advertise the services provided by the mutual-consent, voluntary adoption registry,
182 including providing registration forms to local motor vehicle division offices for distribution
183 with vehicle registration information.
184 (8) The office may:
185 (a) partner with a private or nonprofit organization to seek funding for activities
186 authorized under this section, which shall be deposited in the Mutual-Consent, Voluntary
187 Adoption Registry Donation Fund created under Section 78B-6-144.5 ; and
188 (b) contract with a private or nonprofit organization to supplement the advertising
189 described in Subsection (7)(b).
190 (9) The office shall work with the H. [ Department of Transportation ] Tax
190a Commission .H to develop language
191 advertising the services provided by the mutual-consent, voluntary adoption registry to be
192 included on vehicle registration forms.
193 (10) The office shall make an annual report on the effectiveness of the mutual-consent,
194 voluntary adoption registry to the Health and Human Services Interim Committee.
195 (11) Nothing in this section shall limit the disclosure of information as described in
196 Section 78B-6-141 .
197 Section 3. Section 78B-6-144.5 is enacted to read:
198 78B-6-144.5. Mutual-Consent, Voluntary Adoption Registry Restricted Account.
199 (1) (a) There is created a restricted account within the General Fund known as the
200 "Mutual-Consent, Voluntary Adoption Registry Restricted Account."
201 (b) The Mutual-Consent Voluntary Adoption Registry Restricted Account consists of
202 money that the Legislature appropriates into the account, and fees the Office of Vital Records
203 and Statistics deposits into the account under Sections 78B-6-141 and 78B-6-144 .
204 (2) The Legislature shall appropriate funds from the account described in Subsection
205 (1) to fund the services provided by the Office of Vital Records and Statistics in maintaining
206 and operating the mutual-consent adoption registry, and advertising the service provided by the
207 registry.
208 (3) (a) There is created a restricted special revenue fund known as the
209 "Mutual-Consent, Voluntary Adoption Registry Donation Fund."
210 (b) The fund described in Subsection (3)(a) shall be funded by donations and grants
211 from public or private entities, and interest on those donations and grants.

212 (4) The office may spend money in the Mutual-Consent, Voluntary Adoption Registry
213 Donation Fund to fund activities described in Section 78B-6-144 .
214 (5) The office may not spend money in the Mutual-Consent, Voluntary Adoption
215 Registry Donation Fund except as described in Subsection (4).
216 Section 4. Appropriation.
217 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
218 the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following sums of money
219 are appropriated from resources not otherwise appropriated, or reduced from amounts
220 previously appropriated, out of the funds or accounts indicated. These sums of money are in
221 addition to any amounts previously appropriated for fiscal year 2014.
222 To General Fund Restricted - Mutual-Consent Voluntary Adoption
223 Registry Restricted Account
224 From General Fund

$50,000
225 Schedule of Programs:
226 Mutual-Consent, Voluntary Adoption Registry
227 Restricted Account $50,000
228 To Department of Health, Executive Director's Operations
229 From General Fund Restricted - Mutual-Consent, Voluntary
230 Adoption Registry Restricted Account

$50,000
231 Schedule of Programs:
232 Office of Health Data $50,000
233 The Legislature intends that appropriations provided under this section be used by the
234 Office of Vital Statistics to fund programs and services described in 78B-6-144 .
235 Under Section 63J-1-603 , the Legislature intends that appropriations provided under
236 this section not lapse at the close of fiscal year 2014. The use of any nonlapsing funds is
237 limited to fund programs and services described in Section 78B-6-144 .

[Bill Documents]