SB0723112th GA (Historical)Introduced

Amends TCA Title 36, Chapter 1 and Section 68-3-313.

This bill removes the contact veto registry and the advance notice registry and makes other related changes to adoptions records, as described below. CONTACT VETO REGISTRY Under present law, the department of children's services maintains a contact veto registry for the purposes of permitting registration of the willingness or unwillingness of the persons or classes of persons for contact with persons eligible to have access to pertinent adoption records. An adopted person who contacts the department seeking information regarding the person's biological family must sign a sworn statement affirming that the adopted person will not contact any person on the contact veto registry until the department completes a search of the contact veto registry for the individual sought. A person who contacts or causes to be contacted a person with respect to whom the contacting person or person causing the contact knows a contact veto has been filed commits a Class B misdemeanor. This bill deletes the adoption contact veto registry and all related references. ADVANCE NOTICE REGISTRY Present law contains an advance notice system for eligible persons to request the department to provide advance notification prior to release of adoption records relating to such persons. If the department receives a request to delay the release, it must delay during the advance notice period. The advance notice period is a 15-day period from the date of mailing a notice regarding the impending release of adoption records to a person who has requested that the department provide advance notice prior to releasing information. This bill deletes the advance notice system and related references. ADOPTION RECORDS Under present law, adoption records, court reports, and other information concerning the placement of a person for adoption are placed and remain under seal, with few exceptions, and are made confidential: (1) After the entry of the final order of adoption; (2) After entry of the final order dismissing the adoption; (3) After entry of an order revoking the surrender or parental consent; (4) After entry of an order dismissing a termination of parental rights proceeding filed in conjunction with an adoption proceeding; or (5) Upon conclusion of all termination of parental rights proceedings that were filed in conjunction with an adoption proceeding. This bill removes the requirement to seal records at the times specified in items (3), (4), and (5). Under present law, upon entry of an order of adoption or dismissal of a petition for adoption or dismissal of termination proceedings that were filed in conjunction with an adoption proceeding, or upon revocation of a surrender or parental consent, or modification of an order of guardianship, the clerk of the court where the adoption or surrender proceedings were initiated or filed must forward a certified copy of the orders to the adoptions unit in the state office of the department in Nashville. This bill removes the requirement that orders regarding dismissal of termination proceedings, revocation of a surrender or parental consent, or modification of an order of guardianship be forwarded to the adoptions unit. This bill requires the department, by June 1, 2022, to notify each individual who has registered a contact veto at the most recent address contained in the contact veto registry of this bill and its effective date. This requirement will take effect upon becoming law. All other provisions of this bill will take effect July 1, 2022.

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Overview

This bill removes the contact veto registry and the advance notice registry and makes other related changes to adoptions records, as described below. CONTACT VETO REGISTRY Under present law, the department of children's services maintains a contact veto registry for the purposes of permitting registration of the willingness or unwillingness of the persons or classes of persons for contact with persons eligible to have access to pertinent adoption records. An adopted person who contacts the department seeking information regarding the person's biological family must sign a sworn statement affirming that the adopted person will not contact any person on the contact veto registry until the department completes a search of the contact veto registry for the individual sought. A person who contacts or causes to be contacted a person with respect to whom the contacting person or person causing the contact knows a contact veto has been filed commits a Class B misdemeanor. This bill deletes the adoption contact veto registry and all related references. ADVANCE NOTICE REGISTRY Present law contains an advance notice system for eligible persons to request the department to provide advance notification prior to release of adoption records relating to such persons. If the department receives a request to delay the release, it must delay during the advance notice period. The advance notice period is a 15-day period from the date of mailing a notice regarding the impending release of adoption records to a person who has requested that the department provide advance notice prior to releasing information. This bill deletes the advance notice system and related references. ADOPTION RECORDS Under present law, adoption records, court reports, and other information concerning the placement of a person for adoption are placed and remain under seal, with few exceptions, and are made confidential: (1) After the entry of the final order of adoption; (2) After entry of the final order dismissing the adoption; (3) After entry of an order revoking the surrender or parental consent; (4) After entry of an order dismissing a termination of parental rights proceeding filed in conjunction with an adoption proceeding; or (5) Upon conclusion of all termination of parental rights proceedings that were filed in conjunction with an adoption proceeding. This bill removes the requirement to seal records at the times specified in items (3), (4), and (5). Under present law, upon entry of an order of adoption or dismissal of a petition for adoption or dismissal of termination proceedings that were filed in conjunction with an adoption proceeding, or upon revocation of a surrender or parental consent, or modification of an order of guardianship, the clerk of the court where the adoption or surrender proceedings were initiated or filed must forward a certified copy of the orders to the adoptions unit in the state office of the department in Nashville. This bill removes the requirement that orders regarding dismissal of termination proceedings, revocation of a surrender or parental consent, or modification of an order of guardianship be forwarded to the adoptions unit. This bill requires the department, by June 1, 2022, to notify each individual who has registered a contact veto at the most recent address contained in the contact veto registry of this bill and its effective date. This requirement will take effect upon becoming law. All other provisions of this bill will take effect July 1, 2022.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 9, 2021

Subjects
00450763

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