Florida Senate - 2021                                    SB 1700
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01580A-21                                          20211700__
    1                        A bill to be entitled                      
    2         An act relating to release of adoption information;
    3         amending s. 63.162, F.S.; revising circumstances under
    4         which certain adoption records may be released without
    5         a court order; conforming provisions to changes made
    6         by the act; deleting a provision relating to court
    7         appointed intermediaries or licensed child-placing
    8         agencies that contact certain birth parents or adult
    9         adoptees; amending s. 382.015, F.S.; authorizing the
   10         Department of Health to break the seal of specified
   11         birth records upon the request of the person whose
   12         birth is the subject of such records, subject to
   13         certain conditions; amending s. 63.085, F.S.;
   14         conforming a cross-reference; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (4) through (7) of section 63.162,
   20  Florida Statutes, are amended to read:
   21         63.162 Hearings and records in adoption proceedings;
   22  confidential nature.—
   23         (4)(a)A person may disclose the following from the records
   24  without a court order:
   25         1.The name and identity of the birth parent, if the birth
   26  parent authorizes in writing the release of his or her name and
   27  the adoptee is 18 years of age or older. If the adoptee is
   28  younger than 18 years of age, the adoptive parent must also
   29  provide written consent to disclose the birth parent’s name;
   30         2.The name and identity of the adoptee, if the adoptee is
   31  18 years of age or older and authorizes in writing the release
   32  of his or her name; or, if the adoptee is younger than 18 years
   33  of age, written consent to disclose the adoptee’s name is
   34  obtained from an adoptive parent; or
   35         3.The name and identity of the adoptive parent, if the
   36  adoptive parent authorizes in writing the release of his or her
   37  name.
   38         (b) A person may disclose from the records without a court
   39  order the name and identity of a birth parent, an adoptive
   40  parent, or an adoptee under s. 382.015(4) upon order of the
   41  court for good cause shown. In determining whether good cause
   42  exists, the court shall give primary consideration to the best
   43  interests of the adoptee, but must also give due consideration
   44  to the interests of the adoptive and birth parents. Factors to
   45  be considered in determining whether good cause exists include,
   46  but are not limited to:
   47         1.The reason the information is sought;
   48         2.The existence of means available to obtain the desired
   49  information without disclosing the identity of the birth
   50  parents, such as by having the court, a person appointed by the
   51  court, the department, or the licensed child-placing agency
   52  contact the birth parents and request specific information;
   53         3.The desires, to the extent known, of the adoptee, the
   54  adoptive parents, and the birth parents;
   55         4.The age, maturity, judgment, and expressed needs of the
   56  adoptee; and
   57         5.The recommendation of the department, licensed child
   58  placing agency, or professional that prepared the preliminary
   59  study and home investigation, or the department if no such study
   60  was prepared, concerning the advisability of disclosure.
   61         (5)The adoptee or other person seeking information under
   62  this subsection shall pay the department or agency making
   63  reports or recommendations as required hereunder a reasonable
   64  fee for its services and expenses.
   65         (6)Subject to the provisions of subsection (4),
   66  identifying information regarding the birth parents, adoptive
   67  parents, and adoptee may not be disclosed unless a birth parent,
   68  adoptive parent, or adoptee has authorized in writing the
   69  release of such information concerning himself or herself.
   70  Specific names or identifying information must not be given in a
   71  family medical history. All nonidentifying information,
   72  including the family medical history and social history of the
   73  adoptee and the birth parents, when available, must be furnished
   74  to the adoptive parents before the adoption becomes final and to
   75  the adoptee, upon the adoptee’s request, after he or she reaches
   76  majority. Upon the request of the adoptive parents, all
   77  nonidentifying information obtained before or after the adoption
   78  has become final must be furnished to the adoptive parents.
   79         (7)The court may, upon petition of an adult adoptee or
   80  birth parent, for good cause shown, appoint an intermediary or a
   81  licensed child-placing agency to contact a birth parent or adult
   82  adoptee, as applicable, who has not registered with the adoption
   83  registry pursuant to s. 63.165 and advise both of the
   84  availability of the intermediary or agency and that the birth
   85  parent or adult adoptee, as applicable, wishes to establish
   86  contact.
   87         Section 2. Subsection (4) of section 382.015, Florida
   88  Statutes, is amended to read:
   89         382.015 New certificates of live birth; duty of clerks of
   90  court and department.—The clerk of the court in which any
   91  proceeding for adoption, annulment of an adoption, affirmation
   92  of parental status, or determination of paternity is to be
   93  registered, shall within 30 days after the final disposition,
   94  forward to the department a certified copy of the court order,
   95  or a report of the proceedings upon a form to be furnished by
   96  the department, together with sufficient information to identify
   97  the original birth certificate and to enable the preparation of
   98  a new birth certificate. The clerk of the court shall implement
   99  a monitoring and quality control plan to ensure that all
  100  judicial determinations of paternity are reported to the
  101  department in compliance with this section. The department shall
  102  track paternity determinations reported monthly by county,
  103  monitor compliance with the 30-day timeframe, and report the
  104  data to the clerks of the court quarterly.
  105         (4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL.—
  106         (a) When a new certificate of birth is prepared, the
  107  department shall substitute the new certificate of birth for the
  108  original certificate on file. All copies of the original
  109  certificate of live birth in the custody of a local registrar or
  110  other state custodian of vital records shall be forwarded to the
  111  State Registrar. Thereafter, when a certified copy of the
  112  certificate of birth or portion thereof is issued, it shall be a
  113  copy of the new certificate of birth or portion thereof, except
  114  when a court order requires issuance of a certified copy of the
  115  original certificate of birth.
  116         (b) In an adoption, change in paternity, affirmation of
  117  parental status, undetermined parentage, or court-ordered
  118  substitution, the department shall place the original
  119  certificate of birth and all papers pertaining thereto under
  120  seal, not to be broken except by order of a court of competent
  121  jurisdiction, at the request of the person whose birth is the
  122  subject of the certificate of birth, provided that such person
  123  is 18 years of age or older, or as otherwise provided by law.
  124  However, before the seal may be broken and the record opened
  125  without a court order, the requesting person must first identify
  126  himself or herself to the satisfaction of the State Registrar.
  127         Section 3. Paragraph (a) of subsection (2) of section
  128  63.085, Florida Statutes, is amended to read:
  129         63.085 Disclosure by adoption entity.—
  130         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
  131         (a) At the time that an adoption entity is responsible for
  132  selecting prospective adoptive parents for a born or unborn
  133  child whose parents are seeking to place the child for adoption
  134  or whose rights were terminated pursuant to chapter 39, the
  135  adoption entity must provide the prospective adoptive parents
  136  with information concerning the background of the child to the
  137  extent such information is disclosed to the adoption entity by
  138  the parents, legal custodian, or the department. This subsection
  139  applies only if the adoption entity identifies the prospective
  140  adoptive parents and supervises the placement of the child in
  141  the prospective adoptive parents’ home. If any information
  142  cannot be disclosed because the records custodian failed or
  143  refused to produce the background information, the adoption
  144  entity has a duty to provide the information if it becomes
  145  available. An individual or entity contacted by an adoption
  146  entity to obtain the background information must release the
  147  requested information to the adoption entity without the
  148  necessity of a subpoena or a court order. In all cases, the
  149  prospective adoptive parents must receive all available
  150  information by the date of the final hearing on the petition for
  151  adoption. The information to be disclosed includes:
  152         1. A family social and medical history form completed under
  153  s. 63.162(4) pursuant to s. 63.162(6).
  154         2. The biological mother’s medical records documenting her
  155  prenatal care and the birth and delivery of the child.
  156         3. A complete set of the child’s medical records
  157  documenting all medical treatment and care since the child’s
  158  birth and before placement.
  159         4. All mental health, psychological, and psychiatric
  160  records, reports, and evaluations concerning the child before
  161  placement.
  162         5. The child’s educational records, including all records
  163  concerning any special education needs of the child before
  164  placement.
  165         6. Records documenting all incidents that required the
  166  department to provide services to the child, including all
  167  orders of adjudication of dependency or termination of parental
  168  rights issued pursuant to chapter 39, any case plans drafted to
  169  address the child’s needs, all protective services
  170  investigations identifying the child as a victim, and all
  171  guardian ad litem reports filed with the court concerning the
  172  child.
  173         7. Written information concerning the availability of
  174  adoption subsidies for the child, if applicable.
  175         Section 4. This act shall take effect July 1, 2021.