GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 3
HOUSE BILL 1463
Committee Substitute Favorable 5/5/09
Senate Judiciary II Committee Substitute Adopted 8/6/09
Short Title: Expand Access/Confidential Intermediaries. |
(Public) |
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Sponsors: |
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Referred to: |
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April 13, 2009
A BILL TO BE ENTITLED
AN ACT allowing adult biological siblings of adult adoptees, adult biological half siblings of adult adoptees, ADULT family members of deceased adoptees, and ADULT family members of deceased biological parents to have access to confidential intermediary services upon the consent of the parties, AND allowING an agency acting as a confidential intermediary to obtain a copy of a death certificate of the person who is the subject of the search AND DELIVER IT TO THE PERSON REQUESTING SERVICES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 48-1-101 reads as rewritten:
"§ 48-1-101. Definitions.
…
(5a) "Confidential
intermediary" means a licensed adoption agency staff person who an
agency that may act as a third party to facilitate contact between an
adult adoptee or the adult lineal descendant of a deceased adoptee and the
biological parent. the sharing of information authorized by G.S. 48-9-104.
…
(9a) "Lineal
descendant of a deceased adoptee" means any person who descends from the
direct line of the adoptee.
…."
SECTION 2. G.S. 48-9-101 reads as rewritten:
"§ 48-9-101.
Certain terms Records defined.
(a) For
purposes of this Article, "records" means any petition, affidavit,
consent or relinquishment, transcript or notes of testimony, deposition, power
of attorney, report, decree, order, judgment, correspondence, document,
invoice, receipt, certificate, or other printed, written, microfilmed or
microfiched, video-taped or tape-recorded material or electronic data
processing records regardless of physical form or characteristics pertaining to
a proceeding for adoption under this Chapter.
(b) Notwithstanding
G.S. 48-1-101, for purposes of this Article, "adult" means an
individual who has attained 21 years of age."
SECTION 3. G.S. 48-9-104 reads as rewritten:
"§ 48-9-104.
Release of identifying information.information; confidential
intermediary services.
(a) Except as provided in this section or in G.S. 48-9-109(2) or (3), no person or entity shall release from any records retained and sealed under this Article the name, address, or other information that reasonably could be expected to lead directly to the identity of an adoptee, an adoptive parent of an adoptee, an adoptee's parent at birth, or an individual who, but for the adoption, would be the adoptee's sibling or grandparent, except upon order of the court for cause pursuant to G.S. 48-9-105.
(b) A child placing
agency licensed by the Department or a county department of social services may
agree to act as a confidential intermediary for a biological parent or adult
adoptee or adult lineal descendant of a deceased adoptee, without appointment
by the court pursuant to G.S. 48-9-105, in order to obtain and share
nonidentifying birth family health information or facilitate contact or share
identifying information with adult adoptees, adult lineal descendants of
deceased adoptees, and biological parents with the written consent of all
parties to the contact or the sharing of information. any of the
following:
(1) A biological parent.
(2) An adult adoptee.
(3) An adult biological sibling of an adult adoptee.
(4) An adult biological half sibling of an adult adoptee.
(5) An adult family member of a deceased biological parent.
(6) An adult family member of a deceased adoptee.
In order to obtain and share nonidentifying birth family
health information, to facilitate contact, or to share identifying information
with any person listed in subdivisions (1) through (6) of this subsection, an
agency may act as a confidential intermediary without appointment by the court
pursuant to G.S. 48-9-105 and with the written consent of all parties to
the contact or the sharing of information. Written consent of the biological
parent is required if the biological parent is living at the time any party
described in subdivisions (2) through (6) of this subsection seeks to contact
or share identifying information with any other party described in subdivisions
(2) through (6) of this subsection. Further, a child placing agency
licensed by the Department or a county department of social services an
agency may agree to act as a confidential intermediary for the adoptive
parents of a minor adoptee or the guardian of a minor adoptee, without
appointment by the court pursuant to G.S. 48-9-105, to obtain and share
nonidentifying birth family health information. An agency providing
confidential intermediary services shall contact individuals in a manner
reasonably calculated to prevent incidental disclosure of confidential
information. An agency that agrees to provide confidential intermediary
services may charge a reasonable fee for doing so, which fee must be pursuant
to written agreement signed by the individual to be charged. The Division shall
establish guidelines for confidential intermediary services.
(c) For purposes of this section only, the term 'family member' means a spouse, child, stepchild, parent, stepparent, grandparent, or grandchild.
(d) If an agency providing confidential intermediary services determines that the person who is the subject of the search is deceased, the agency may obtain a copy of the death certificate pursuant to G.S. 130A-93 and deliver it to the person who requested the services."
SECTION 4. G.S. 130A-93 is amended by adding a new subsection to read:
"(c2) An agency acting as a confidential intermediary in accordance with G.S. 48-9-104 shall be entitled to a certified copy of a death certificate upon request."
SECTION 5. This act becomes effective October 1, 2009.