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§10-7508-1.2.
§10-7508-1.2.
A. The Department of Human Services shall establish and administer,
directly or through a contractor, a Mutual Consent Voluntary Registry
whereby eligible persons as described in subsection B of this section
may indicate their willingness to have their identity and whereabouts
disclosed to each other under the conditions specified under this
part.
B. Subject to the restrictions of subsections C and D of this section,
the following persons may register with the Mutual Consent Voluntary
Registry:
1. An adult adopted person;
2. An adult person whose biological parent's parental rights have been
terminated;
3. The adoptive parents or guardian of an adopted person who is under
the age of eighteen (18) or who has been declared mentally
incompetent;
4. If an adopted person is deceased, the legal parent or guardian of
any minor child or mentally incompetent child of the adopted person;
5. If an adopted person is deceased, any adult descendants of the
adopted person;
6. The legal parent or guardian of a minor or a person who has been
declared mentally incompetent whose biological parent's parental
rights have been terminated;
7. The legal parent or guardian of any minor or mentally incompetent
child of a deceased person whose biological parent's parental rights
have been terminated;
8. The adult descendants of a deceased person whose biological
parent's parental rights have been terminated;
9. A parent whose parental rights were voluntarily terminated by court
order subsequent to the parent's consent or relinquishment, or
involuntarily terminated by court order, in an adoption, juvenile,
guardianship, or domestic relations proceeding; and
10. An adult biological relative of an adopted person or a person
whose biological parent's parental rights have been terminated.
C. This registry shall not be used by:
1. An adult adopted person who has a minor biological sibling in the
same adoptive family or in an adoptive or foster family or other
placement whose location is known to the adult adopted person; or
2. An adult whose biological parent's parental rights have been
terminated and who has a biological sibling in the same family or in
an adoptive or foster family or other placement whose location is
known to that adult.
D. If a biological relative, other than a biological parent, registers
pursuant to paragraph 9 of subsection B of this section, the
administrator of the Mutual Consent Voluntary Registry shall ascertain
from the State Registrar of Vital Statistics whether an affidavit of
nondisclosure by a biological parent is on file. If such an affidavit
is filed with the State Registrar and has not been revoked, the
administrator of the Mutual Consent Voluntary Registry shall not
process a match with any biological relative of the parent who filed
the affidavit of nondisclosure.
E. 1. An eligible person may register by submitting a notarized
affidavit, on a form provided by the Department of Human Services,
stating the registrant's current name, address, telephone number, and
the registrant's willingness to be identified to some or all eligible
relatives, identified by name or by relationship, who also register.
The registrant may also provide any previous name by which the
registrant was known, previous and current names, if known, of
specific eligible persons the registrant wishes to find, the place and
date of birth of the adopted minor or the minor whose parent's rights
have been terminated, and the name and address of the adoption agency,
intermediary, or other person, if any, who placed the minor for
adoption or took custody of the minor after the minor's parent's
rights were terminated. If the registrant is an adult adopted person
or an adult whose biological parent's rights have been terminated, the
affidavit shall also contain a statement that the registrant does not
have a minor biological sibling in the same family or in an adoptive
or foster family or other placement whose location is known to the
registrant.
2. The form shall also indicate the registrant's desired method of
notification in the event a match occurs; however, the Department
shall not be required to utilize methods of notification that would
require it to incur unreasonable expense. The form shall also indicate
whether the registrant desires release of the registrant's identifying
information if a match occurs after the registrant's death. No
registration shall be accepted until the prospective registrant
submits satisfactory proof of the registrant's identity. Registering
persons may revise their consent with respect to change of address,
telephone number or method of notification. Any name and accompanying
information shall be removed from the list upon the verified written
request of the person who registered.
F. The administrator of the Mutual Consent Voluntary Registry shall
process each affidavit in an attempt to match the registrant with any
other eligible persons who have registered and consented to have their
identifying information released to the registrant. Such processing
may include, but not be limited to, research from agency records, when
available, and when agency records are not available, from court
records to determine conclusively whether registrants match. When a
match has occurred, the administrator shall notify each registrant, by
the registrant's designated method only, and obtain the registrant's
consent to an exchange of identifying information before any
identifying information is released. Nothing in this section shall be
construed to allow any state or local governmental department, agency,
institution, or contractor, or any employee thereof, to solicit any
consent for the release of identifying information from someone who
has not registered with the registry.
G. Any affidavits filed and other information collected shall be
retained for twenty-two (22) years following the date of registration.
H. Any person who discloses information from the registry in violation
of this act shall be guilty of a misdemeanor and shall be fined up to
Five Thousand Dollars ($5,000.00) or imprisoned for a period of six
(6) months or both.
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