No. 39798 (New Rule): Rule R436-18. Adoption Program Procedures, Form Content, and Donations

(New Rule)

DAR File No.: 39798
Filed: 10/01/2015 02:33:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The legislature passed S.B. 77 during the 2015 General Session. S.B. 77 amended Subsection 26-2-10(5) to authorize the Utah Department of Health to make rules establishing procedures and form content related to adoption records. This rule filing establishes the necessary procedures and form content.

Summary of the rule or change:

The amendments establish procedures and form content related to: 1) a birth parent's election to permit identifying information about the birth parent to made available; 2) the release of information by the mutual consent, voluntary adoption registry; and 3) collecting of fees and donations to help cover the cost of funding operations of and improvements to the adoption records system.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 2

Anticipated cost or savings to:

the state budget:

The rule only establishes general procedures and form content related to adoption records. All cost impact to the state budget for enforcing the rule is due to statutory amendments and was covered in the fiscal note completed for S.B. 77 (2015). The revenue from fees collected for submitting and accessing adoption information are anticipated to cover the cost of the increased workload and system upgrade.

local governments:

The rule only applies to adoption record services provided by the Utah Office of Vital Records and Statistics. Local governments are not impacted.

small businesses:

The rule only applies to adoption record services provided by the Utah Office of Vital Records and Statistics. Small businesses are not impacted.

persons other than small businesses, businesses, or local governmental entities:

The rule only applies to adoption record services provided by the Utah Office of Vital Records and Statistics. Although adoption agencies may be impacted when they help adult adoptees and birth parents or siblings complete application forms, the rule will not likely have cost or saving impact on them. Businesses, individuals, local governments, and persons that are not small businesses are not expected to experience cost or saving impact.

Compliance costs for affected persons:

The rule only applies to adoption record services provided by the Utah Office of Vital Records and Statistics. Adult adoptees, birth mothers, and birth siblings who apply for access to adoption records will be impacted by this rule because it establishes general procedures and form content related to adoption records. The procedures and form content set forth in this rule benefit these individuals in their effort to share information or become reunited with an adult adoptee or birth family.

Comments by the department head on the fiscal impact the rule may have on businesses:

No effect on business because it does not materially modify current operations.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Marissa Sowards at the above address, by phone at 801-538-9499, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

R436. Health, Center for Health Data and Informatics, Vital Records and Statistics.

R436-18. Adoption Program Procedures, Form Content, and Donations.

R436-18-1. Adoption Program Procedures, Form Content, and Donations.

(1) In accordance with Section 26-2-22, a birth parent electing to permit identifying information to be shared with an adult adoptee under Section 78B-6-141 shall complete a form provided by the office. The form shall request the following information:

(a) birth parent name;

(b) birth parent contact information;

(c) birth parent medical history;

(d) adult adoptee birth name;

(e) adult adoptee birth date;

(f) adult adoptee birth place and hospital;

(g) name of adoption agency that handled the adoption;

(h) a statement indicating if the birth parent is willing to allow birth parent's identity to be shared with an adult adoptee; and

(i) any additional information through which the birth parent or adult adoptee may be identified.

(2) In accordance with Section 26-2-22, an adult adoptee electing to obtain identifying information about a birth parent shall complete a form provided by the office. The form shall request the following information:

(a) adult adoptee name;

(b) adult adoptee contact information;

(c) adult adoptee birth name;

(d) adult adoptive name;

(e) adult adoptee current name;

(f) adult adoptee birth date;

(g) adult adoptee birth place and hospital;

(h) names of adoptive parents;

(i) name of adoption agency that handled the adoption;

(j) birth mother current name;

(k) birth mother maiden name;

(l) birth father name; and

(m) any additional information by which the birth parent or adult adoptee may be identified.

(3) When a birth parent elects to permit identifying information to be shared with an adult adoptee under Section 78B-6-141, the birth parent may choose to not be identified.

(4) When an adult adoptee obtains identifying information about adult adoptee's birth parent from the office under Section 78B-6-141, the adult adoptee may choose to not contact the birth parent.

(5) In accordance with Subsection 78B-6-141(3), to change an election or elect to make other information available for inspection by an adult adoptee, a birth parent shall submit a form provided by the office. The form shall request the following information:

(a) birth parent name;

(b) birth parent contact information;

(c) indication of whether the birth parent is requesting to change their election or electing to make additional information available for inspection by the adult adoptee; and

(d) if the birth parent is electing to make other information available for inspection by the adult adoptee, a description of the information.

(6) In accordance with Section 26-2-22, the release of information by the mutual-consent, voluntary adoption registry under Section 78B-6-144 is initiated by qualified applicants completing an Application for Inclusion in the Utah Mutual Consent Voluntary Adoption Registry. The application shall request the following information:

(a) applicant name and relationship to adult adoptee;

(b) applicant contact information;

(c) adult adoptee birth name;

(d) adult adoptee birth date;

(e) adult adoptee birth place and hospital;

(f) birth mother current name and maiden name;

(g) birth father name;

(h) birth parent medical history;

(i) name of adoption agency that handled the adoption;

(j) adult sibling name and contact information, if applicable;

(k) a statement that the applicant consents to be identified to other applicants who are matched as birth family members; and

(l) any additional information by which the birth parent, adult adoptee, or adult sibling may be identified.

(7) In accordance with Section 78B-6-144.5, donations to support adoption records access services may be made by completing a form provided by the office.

 

KEY: adoptions

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 26-2

 

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