SF 164

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am

A bill for an act
relating to adoption; requiring affidavit regarding disclosure of birth records;
requiring updated nonidentifying medical history information; amending
Minnesota Statutes 2008, section 259.89, subdivisions 1, 2, 4, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 259.89, subdivision 1, is amended to read:

Subdivision 1.

Request.

An adopted person who is 19 years of age or over may
request the commissioner of health to disclose the information on the adopted person's
original birth record new text begin or to obtain medical or social history information from a birth parent,
or both new text end . The commissioner of health shall, within five days of receipt of the request, notify
the commissioner of human services' agent or licensed child-placing agency when known,
or the commissioner of human services when the agency is not known in writing of the
request by the adopted person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 259.89, subdivision 2, is amended to read:

Subd. 2.

Search.

new text begin (a) new text end Within six months after receiving notice of the request of the
adopted person, the commissioner of human services' agent or a licensed child-placing
agency shall make complete and reasonable efforts to notify each parent identified on the
original birth record of the adopted person. The commissioner, the commissioner's agents,
and licensed child-placing agencies may charge a reasonable fee to the adopted person
for the cost of making a search pursuant to this subdivision. Every licensed child-placing
agency in the state shall cooperate with the commissioner of human services in efforts to
notify an identified parent. deleted text begin All deleted text end new text begin Data regarding new text end communications under this subdivision are
confidential deleted text begin pursuant to deleted text end new text begin data on individuals as defined in new text end section 13.02, subdivision 3.

new text begin (b) new text end For purposes of this subdivision, "notify" means a personal and confidential
contact with the birth parents named on the original birth record of the adopted person.
The contact shall be by an employee or agent of the licensed child-placing agency which
processed the pertinent adoption or some other licensed child-placing agency designated
by the commissioner of human services when it is determined to be reasonable by the
commissioner; otherwise contact shall be by new text begin certified new text end mail or telephone.

new text begin (c) If the adopted person requests disclosure of original birth record information,
the employee or agent of the licensed child-placing agency shall notify the birth parent
of the request and the requirements of this section. If the birth parent does not want the
information disclosed, the birth parent must file an affidavit with the commissioner
of health within 90 days following the contact stating that the information on the birth
record should not be disclosed. If the adopted person requests medical or social history
information, the employee or agent of the licensed child-placing agency shall notify the
birth parent that the birth parent must complete an updated nonidentifying medical history
form and return it to the child-placing agency within 90 days if information on the original
birth record is not to be disclosed and of the option of providing social history information,
if requested. If the notification is made in person or by telephone, the information may be
provided orally to the person making the contact. Medical and social history information
obtained under this subdivision must be in the form prepared under section 259.43.
new text end

new text begin (d) new text end The contact shall be evidenced by filing with the commissioner of health an
affidavit of notification executed by the person who notified each parent certifying that
each parent was given the following information:

(1) the nature of the information requested by the adopted person;

(2) the date of the request of the adopted person;

(3) the deleted text begin right of deleted text end new text begin requirement that new text end the parent deleted text begin to deleted text end new text begin must new text end file, within deleted text begin 30 deleted text end new text begin 90 new text end days of receipt
of the notice, an affidavit with the commissioner of health stating that the information on
the original birth record should not be disclosed;

(4) the right of the parent to file a consent to disclosure with the commissioner
of health at any time; and

(5) the effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not be disclosed.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2009, and
applies to searches conducted on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 259.89, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Medical and social history information. new text end

new text begin (a) This subdivision applies if
an adopted person requests medical or social history information under subdivision 1, and
a birth parent has filed an affidavit objecting to the release of the original birth record to
the adopted person or the adopted person is unable to locate a birth parent. Within five
days of receipt of the request, the commissioner of health shall provide written notice of
the request to the commissioner of human services or the licensed child-placing agency,
if known. Within six months after receiving the request, the commissioner of human
services or the licensed child-placing agency shall make reasonable efforts to notify
each parent identified in the original birth record of the request, of the requirement that
the birth parent complete an updated nonidentifying medical history form and return it
to the commissioner or the child-placing agency within 90 days, and of the option of
providing social history information, if requested. If the notification is made in person or
by telephone, the information may be provided orally to the person making the contact.
new text end

new text begin (b) The commissioner, the commissioner's agents, and licensed child-placing
agencies may charge a reasonable fee to the adopted person for the cost of making a
search under this subdivision. A licensed child-placing agency in this state shall cooperate
with the commissioner of human services in efforts to notify an identified parent. Data
regarding communications under this subdivision are confidential data on individuals
as defined in section 13.02, subdivision 3.
new text end

new text begin (c) For purposes of this subdivision, "notify" means a personal and confidential
contact with the birth parents named on the original birth record of the adopted person, if
it is determined to be practicable by the commissioner, or by mail or telephone if personal
contact is not practicable. The contact must be by an employee or agent of the licensed
child-placing agency that processed the adoption or another licensed child-placing agency
designated by the commissioner of human services.
new text end

new text begin (d) Medical and social history information obtained under this subdivision must be
in the form prepared under section 259.43.
new text end

new text begin CONTINGENT EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, if a
law repealing Minnesota Statutes, section 259.89, subdivision 2, is enacted during the
2010 legislative session.
new text end

Sec. 4.

Minnesota Statutes 2008, section 259.89, subdivision 4, is amended to read:

Subd. 4.

Release of information after notice.

new text begin (a) Except as provided in paragraph
(b), new text end if, within six months, the commissioner of human services' agent or licensed
child-placing agency documents to the commissioner of health notification of each parent
identified on the original birth record pursuant to subdivision 2, the commissioner of
health shall disclose the information requested by the adopted person deleted text begin 31 deleted text end new text begin 91 new text end days after the
date of the latest notice to either parent. This disclosure will occur if, at any time during
the deleted text begin 31 deleted text end new text begin 91 new text end days both of the parents identified on the original birth record have filed a
consent to disclosure with the commissioner of health and neither consent to disclosure
has been revoked by the subsequent filing by a parent of an affidavit stating that the
information should not be disclosed. If only one parent has filed a consent to disclosure
and the consent has not been revoked, the commissioner of health shall disclose, to the
adopted person, original birth record information on the consenting parent only.

new text begin (b) If the person was adopted before August 1, 1977, and the only contact with a
birth parent under this section was by certified mail, the commissioner of health must not
disclose information on that parent in the adopted person's original birth record unless that
parent has filed an unrevoked consent to disclosure with the commissioner.
new text end