IC 31-19-24
Chapter 24. Court Proceeding to Request Release of Adoption
History Information Not Available From State Registrar
IC 31-19-24-1 Petitions; contents
Sec. 1. (a) Any interested person may file a petition with any court
with probate jurisdiction in Indiana requesting the release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar.
(b) The contents of a petition must include to the best knowledge
of the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or
congenital; or
(iii) why the information to be sought or shared is
necessary for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or
nonidentifying information is sought, that sets forth the
reasons why the release of the information may be beneficial
to the welfare of the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifying
information sought is not available through the state
registrar.
(10) A statement by the petitioner that the petitioner agrees to
the payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed
under section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney,
a child placing agency, or a professional health care provider
(as defined in IC 34-6-2-117) that is requested to search its
records and release information under sections 2 through 11
of this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.12; P.L.1-1998, SEC.163.
IC 31-19-24-2 Notice to registrar and opportunity to respond; appointment of
guardian ad litem or court appointed special advocate
Sec. 2. Upon the filing of a petition under section 1 of this
chapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for
disclosure of information; and
(B) has been afforded the opportunity to respond to the
petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with
the state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need; or
(ii) good cause relating to the welfare of the adoptee or the
birth parent.
A confidential intermediary appointed under subdivision (2) may be
any person who the court reasonably believes is competent to carry
out the responsibilities described in section 3 of this chapter and
meets the qualifications under section 14 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.13.
IC 31-19-24-3 Order to guardian or court appointed special advocate to search
records
Sec. 3. Whenever the court appoints a confidential intermediary
under section 2(2) of this chapter, the court shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee, or
both, that may arise if appropriate consideration is not given
to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain
records that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the
medical, identifying, or nonidentifying information is being
sought, such as providing that the confidential intermediary may
only inform the person of the existence of the adoption history
program administered by the state registrar under this chapter
and IC 31-19-25.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search
under this chapter from resulting in harm to a birth parent or an
adoptee.
(5) Require the confidential intermediary to affirm under oath
that the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2
through 11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.14; P.L.1-1998, SEC.164; P.L.145-2006, SEC.259.
IC 31-19-24-4 Search for information and persons
Sec. 4. The confidential intermediary shall:
(1) make complete and reasonable efforts to locate the medical,
identifying, or nonidentifying information;
(2) attempt to locate any person necessary to obtain the medical,
identifying, or nonidentifying information;
(3) inform the person contacted of the medical or other need set
forth by the petitioner; and
(4) obtain the needed medical, identifying, or nonidentifying
information. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.15.
IC 31-19-24-5 Fee for cost of search
Sec. 5. The confidential intermediary may charge a reasonable fee
for the cost of making a search under section 4 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.16.
IC 31-19-24-6 Confidentiality of communications; manner of communicating
Sec. 6. All communications under this chapter are confidential,
and any communication shall be made by a personal contact by the
confidential intermediary. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.17.
IC 31-19-24-7 Confidentiality of information filed with court
Sec. 7. Information released to the confidential intermediary under
this chapter shall be filed with the court in a manner designed to:
(1) protect the identity and current location of the person
releasing the information; and
(2) preserve the confidentiality of the medical, identifying, or
nonidentifying information that the confidential intermediary
obtains. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.18.
IC 31-19-24-8 Court ordered release of information
Sec. 8. (a) If a person does not agree to release medical,
identifying, or nonidentifying information through the confidential
intermediary, the court may order the release of the requested
medical, identifying, or nonidentifying information after considering
any information regarding the person's refusal to release the
requested information to the confidential intermediary.
(b) If the court orders the release of the information under this
section, the court, upon receipt of the court ordered information,
shall follow the procedures described under section 10 of this
chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.19.
IC 31-19-24-9 Reports and supporting documents of guardian or court appointed
special advocate; confidentiality; release of information
Sec. 9. (a) Whenever a confidential intermediary obtains
information under this chapter, the confidential intermediary shall
submit to the court:
(1) a written report; and
(2) any supporting documents;
describing the information obtained by the confidential intermediary.
(b) The information that the confidential intermediary submits to
the court under this section:
(1) is confidential; and
(2) may be released to the petitioner only upon a court order
under section 10 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.20.
IC 31-19-24-10 Review and release of court ordered information
Sec. 10. The court shall review the medical, identifying, or
nonidentifying information submitted under section 9 of this chapter.
The court may order the release of the information to the petitioner
under this section to the extent that the court determines is just based
upon the emergency medical need or good cause shown under
section 2(2)(B) of this chapter. As added by P.L.1-1997, SEC.11.
IC 31-19-24-11 Imminent threat of death or serious bodily injury; proceedings
without written pleadings
Sec. 11. If an imminent threat of death or serious bodily injury
exists, the court may conduct the proceedings authorized by this
chapter without written pleadings. As added by P.L.1-1997, SEC.11.
IC 31-19-24-12 Immunity of confidential intermediary
Sec. 12. (a) A confidential intermediary discharging in good faith
the confidential intermediary's responsibilities under this chapter is
immune from all civil and criminal liability that otherwise might
result.
(b) The provisions regarding the representations, duties, and
appointment of a guardian ad litem or court appointed special
advocate described under IC 31-32-3 apply to a confidential
intermediary appointed under this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.21.
IC 31-19-24-13 Closed proceedings
Sec. 13. All hearings held in proceedings under this chapter shall
be held in closed court without admittance of any person other than:
(1) essential officers of the court;
(2) the parties;
(3) witnesses;
(4) counsel;
(5) persons who have not previously consented to the adoption
but are required to consent to the adoption; and
(6) representatives of the agencies present to perform their
official duties. As added by P.L.1-1997, SEC.11. IC 31-19-24-14 Appointment of confidential intermediary; requirements
Sec. 14. A court may only appoint a person to serve as a
confidential intermediary under this chapter if the person:
(1) agrees to abide by the order of the court under section 3 of
this chapter without advocating either the opening or
maintaining the confidentiality of adoption records;
(2) does not have a personal relationship with either the
petitioner or the person from whom the medical, identifying, or
nonidentifying information is being sought; and
(3) agrees to comply with the limitations set by the court in
searching for the information specified by the court under
section 3(4) of this chapter. As added by P.L.196-1997, SEC.22.
IC 31-19-24-15 Breach of confidentiality
Sec. 15. A person who knowingly or intentionally releases
information in violation of sections 2 through 11 of this chapter
commits a Class A misdemeanor. As added by P.L.196-1997, SEC.23.
IC 31-19-24-16 Penalty
Sec. 16. Failure of the confidential intermediary appointed under
this chapter to comply with a court order under sections 2 through 11
of this chapter is punishable as contempt of court. As added by P.L.196-1997, SEC.24. Amended by P.L.2-1998,
SEC.77.
IC 31-19-24
Chapter 24. Court Proceeding to Request Release of Adoption
History Information Not Available From State Registrar
IC 31-19-24-1 Petitions; contents
Sec. 1. (a) Any interested person may file a petition with any court
with probate jurisdiction in Indiana requesting the release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar.
(b) The contents of a petition must include to the best knowledge
of the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or
congenital; or
(iii) why the information to be sought or shared is
necessary for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or
nonidentifying information is sought, that sets forth the
reasons why the release of the information may be beneficial
to the welfare of the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifying
information sought is not available through the state
registrar.
(10) A statement by the petitioner that the petitioner agrees to
the payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed
under section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney,
a child placing agency, or a professional health care provider
(as defined in IC 34-6-2-117) that is requested to search its
records and release information under sections 2 through 11
of this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.12; P.L.1-1998, SEC.163.
IC 31-19-24-2 Notice to registrar and opportunity to respond; appointment of
guardian ad litem or court appointed special advocate
Sec. 2. Upon the filing of a petition under section 1 of this
chapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for
disclosure of information; and
(B) has been afforded the opportunity to respond to the
petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with
the state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need; or
(ii) good cause relating to the welfare of the adoptee or the
birth parent.
A confidential intermediary appointed under subdivision (2) may be
any person who the court reasonably believes is competent to carry
out the responsibilities described in section 3 of this chapter and
meets the qualifications under section 14 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.13.
IC 31-19-24-3 Order to guardian or court appointed special advocate to search
records
Sec. 3. Whenever the court appoints a confidential intermediary
under section 2(2) of this chapter, the court shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee, or
both, that may arise if appropriate consideration is not given
to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain
records that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the
medical, identifying, or nonidentifying information is being
sought, such as providing that the confidential intermediary may
only inform the person of the existence of the adoption history
program administered by the state registrar under this chapter
and IC 31-19-25.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search
under this chapter from resulting in harm to a birth parent or an
adoptee.
(5) Require the confidential intermediary to affirm under oath
that the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2
through 11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.14; P.L.1-1998, SEC.164; P.L.145-2006, SEC.259.
IC 31-19-24-4 Search for information and persons
Sec. 4. The confidential intermediary shall:
(1) make complete and reasonable efforts to locate the medical,
identifying, or nonidentifying information;
(2) attempt to locate any person necessary to obtain the medical,
identifying, or nonidentifying information;
(3) inform the person contacted of the medical or other need set
forth by the petitioner; and
(4) obtain the needed medical, identifying, or nonidentifying
information. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.15.
IC 31-19-24-5 Fee for cost of search
Sec. 5. The confidential intermediary may charge a reasonable fee
for the cost of making a search under section 4 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.16.
IC 31-19-24-6 Confidentiality of communications; manner of communicating
Sec. 6. All communications under this chapter are confidential,
and any communication shall be made by a personal contact by the
confidential intermediary. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.17.
IC 31-19-24-7 Confidentiality of information filed with court
Sec. 7. Information released to the confidential intermediary under
this chapter shall be filed with the court in a manner designed to:
(1) protect the identity and current location of the person
releasing the information; and
(2) preserve the confidentiality of the medical, identifying, or
nonidentifying information that the confidential intermediary
obtains. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.18.
IC 31-19-24-8 Court ordered release of information
Sec. 8. (a) If a person does not agree to release medical,
identifying, or nonidentifying information through the confidential
intermediary, the court may order the release of the requested
medical, identifying, or nonidentifying information after considering
any information regarding the person's refusal to release the
requested information to the confidential intermediary.
(b) If the court orders the release of the information under this
section, the court, upon receipt of the court ordered information,
shall follow the procedures described under section 10 of this
chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.19.
IC 31-19-24-9 Reports and supporting documents of guardian or court appointed
special advocate; confidentiality; release of information
Sec. 9. (a) Whenever a confidential intermediary obtains
information under this chapter, the confidential intermediary shall
submit to the court:
(1) a written report; and
(2) any supporting documents;
describing the information obtained by the confidential intermediary.
(b) The information that the confidential intermediary submits to
the court under this section:
(1) is confidential; and
(2) may be released to the petitioner only upon a court order
under section 10 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.20.
IC 31-19-24-10 Review and release of court ordered information
Sec. 10. The court shall review the medical, identifying, or
nonidentifying information submitted under section 9 of this chapter.
The court may order the release of the information to the petitioner
under this section to the extent that the court determines is just based
upon the emergency medical need or good cause shown under
section 2(2)(B) of this chapter. As added by P.L.1-1997, SEC.11.
IC 31-19-24-11 Imminent threat of death or serious bodily injury; proceedings
without written pleadings
Sec. 11. If an imminent threat of death or serious bodily injury
exists, the court may conduct the proceedings authorized by this
chapter without written pleadings. As added by P.L.1-1997, SEC.11.
IC 31-19-24-12 Immunity of confidential intermediary
Sec. 12. (a) A confidential intermediary discharging in good faith
the confidential intermediary's responsibilities under this chapter is
immune from all civil and criminal liability that otherwise might
result.
(b) The provisions regarding the representations, duties, and
appointment of a guardian ad litem or court appointed special
advocate described under IC 31-32-3 apply to a confidential
intermediary appointed under this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.21.
IC 31-19-24-13 Closed proceedings
Sec. 13. All hearings held in proceedings under this chapter shall
be held in closed court without admittance of any person other than:
(1) essential officers of the court;
(2) the parties;
(3) witnesses;
(4) counsel;
(5) persons who have not previously consented to the adoption
but are required to consent to the adoption; and
(6) representatives of the agencies present to perform their
official duties. As added by P.L.1-1997, SEC.11. IC 31-19-24-14 Appointment of confidential intermediary; requirements
Sec. 14. A court may only appoint a person to serve as a
confidential intermediary under this chapter if the person:
(1) agrees to abide by the order of the court under section 3 of
this chapter without advocating either the opening or
maintaining the confidentiality of adoption records;
(2) does not have a personal relationship with either the
petitioner or the person from whom the medical, identifying, or
nonidentifying information is being sought; and
(3) agrees to comply with the limitations set by the court in
searching for the information specified by the court under
section 3(4) of this chapter. As added by P.L.196-1997, SEC.22.
IC 31-19-24-15 Breach of confidentiality
Sec. 15. A person who knowingly or intentionally releases
information in violation of sections 2 through 11 of this chapter
commits a Class A misdemeanor. As added by P.L.196-1997, SEC.23.
IC 31-19-24-16 Penalty
Sec. 16. Failure of the confidential intermediary appointed under
this chapter to comply with a court order under sections 2 through 11
of this chapter is punishable as contempt of court. As added by P.L.196-1997, SEC.24. Amended by P.L.2-1998,
SEC.77.
IC 31-19-24
Chapter 24. Court Proceeding to Request Release of Adoption
History Information Not Available From State Registrar
IC 31-19-24-1 Petitions; contents
Sec. 1. (a) Any interested person may file a petition with any court
with probate jurisdiction in Indiana requesting the release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar.
(b) The contents of a petition must include to the best knowledge
of the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or
congenital; or
(iii) why the information to be sought or shared is
necessary for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or
nonidentifying information is sought, that sets forth the
reasons why the release of the information may be beneficial
to the welfare of the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifying
information sought is not available through the state
registrar.
(10) A statement by the petitioner that the petitioner agrees to
the payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed
under section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney,
a child placing agency, or a professional health care provider
(as defined in IC 34-6-2-117) that is requested to search its
records and release information under sections 2 through 11
of this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.12; P.L.1-1998, SEC.163.
IC 31-19-24-2 Notice to registrar and opportunity to respond; appointment of
guardian ad litem or court appointed special advocate
Sec. 2. Upon the filing of a petition under section 1 of this
chapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for
disclosure of information; and
(B) has been afforded the opportunity to respond to the
petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with
the state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need; or
(ii) good cause relating to the welfare of the adoptee or the
birth parent.
A confidential intermediary appointed under subdivision (2) may be
any person who the court reasonably believes is competent to carry
out the responsibilities described in section 3 of this chapter and
meets the qualifications under section 14 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.13.
IC 31-19-24-3 Order to guardian or court appointed special advocate to search
records
Sec. 3. Whenever the court appoints a confidential intermediary
under section 2(2) of this chapter, the court shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee, or
both, that may arise if appropriate consideration is not given
to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain
records that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the
medical, identifying, or nonidentifying information is being
sought, such as providing that the confidential intermediary may
only inform the person of the existence of the adoption history
program administered by the state registrar under this chapter
and IC 31-19-25.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search
under this chapter from resulting in harm to a birth parent or an
adoptee.
(5) Require the confidential intermediary to affirm under oath
that the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2
through 11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.14; P.L.1-1998, SEC.164; P.L.145-2006, SEC.259.
IC 31-19-24-4 Search for information and persons
Sec. 4. The confidential intermediary shall:
(1) make complete and reasonable efforts to locate the medical,
identifying, or nonidentifying information;
(2) attempt to locate any person necessary to obtain the medical,
identifying, or nonidentifying information;
(3) inform the person contacted of the medical or other need set
forth by the petitioner; and
(4) obtain the needed medical, identifying, or nonidentifying
information. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.15.
IC 31-19-24-5 Fee for cost of search
Sec. 5. The confidential intermediary may charge a reasonable fee
for the cost of making a search under section 4 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.16.
IC 31-19-24-6 Confidentiality of communications; manner of communicating
Sec. 6. All communications under this chapter are confidential,
and any communication shall be made by a personal contact by the
confidential intermediary. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.17.
IC 31-19-24-7 Confidentiality of information filed with court
Sec. 7. Information released to the confidential intermediary under
this chapter shall be filed with the court in a manner designed to:
(1) protect the identity and current location of the person
releasing the information; and
(2) preserve the confidentiality of the medical, identifying, or
nonidentifying information that the confidential intermediary
obtains. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.18.
IC 31-19-24-8 Court ordered release of information
Sec. 8. (a) If a person does not agree to release medical,
identifying, or nonidentifying information through the confidential
intermediary, the court may order the release of the requested
medical, identifying, or nonidentifying information after considering
any information regarding the person's refusal to release the
requested information to the confidential intermediary.
(b) If the court orders the release of the information under this
section, the court, upon receipt of the court ordered information,
shall follow the procedures described under section 10 of this
chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.19.
IC 31-19-24-9 Reports and supporting documents of guardian or court appointed
special advocate; confidentiality; release of information
Sec. 9. (a) Whenever a confidential intermediary obtains
information under this chapter, the confidential intermediary shall
submit to the court:
(1) a written report; and
(2) any supporting documents;
describing the information obtained by the confidential intermediary.
(b) The information that the confidential intermediary submits to
the court under this section:
(1) is confidential; and
(2) may be released to the petitioner only upon a court order
under section 10 of this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.20.
IC 31-19-24-10 Review and release of court ordered information
Sec. 10. The court shall review the medical, identifying, or
nonidentifying information submitted under section 9 of this chapter.
The court may order the release of the information to the petitioner
under this section to the extent that the court determines is just based
upon the emergency medical need or good cause shown under
section 2(2)(B) of this chapter. As added by P.L.1-1997, SEC.11.
IC 31-19-24-11 Imminent threat of death or serious bodily injury; proceedings
without written pleadings
Sec. 11. If an imminent threat of death or serious bodily injury
exists, the court may conduct the proceedings authorized by this
chapter without written pleadings. As added by P.L.1-1997, SEC.11.
IC 31-19-24-12 Immunity of confidential intermediary
Sec. 12. (a) A confidential intermediary discharging in good faith
the confidential intermediary's responsibilities under this chapter is
immune from all civil and criminal liability that otherwise might
result.
(b) The provisions regarding the representations, duties, and
appointment of a guardian ad litem or court appointed special
advocate described under IC 31-32-3 apply to a confidential
intermediary appointed under this chapter. As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.21.
IC 31-19-24-13 Closed proceedings
Sec. 13. All hearings held in proceedings under this chapter shall
be held in closed court without admittance of any person other than:
(1) essential officers of the court;
(2) the parties;
(3) witnesses;
(4) counsel;
(5) persons who have not previously consented to the adoption
but are required to consent to the adoption; and
(6) representatives of the agencies present to perform their
official duties. As added by P.L.1-1997, SEC.11. IC 31-19-24-14 Appointment of confidential intermediary; requirements
Sec. 14. A court may only appoint a person to serve as a
confidential intermediary under this chapter if the person:
(1) agrees to abide by the order of the court under section 3 of
this chapter without advocating either the opening or
maintaining the confidentiality of adoption records;
(2) does not have a personal relationship with either the
petitioner or the person from whom the medical, identifying, or
nonidentifying information is being sought; and
(3) agrees to comply with the limitations set by the court in
searching for the information specified by the court under
section 3(4) of this chapter. As added by P.L.196-1997, SEC.22.
IC 31-19-24-15 Breach of confidentiality
Sec. 15. A person who knowingly or intentionally releases
information in violation of sections 2 through 11 of this chapter
commits a Class A misdemeanor. As added by P.L.196-1997, SEC.23.
IC 31-19-24-16 Penalty
Sec. 16. Failure of the confidential intermediary appointed under
this chapter to comply with a court order under sections 2 through 11
of this chapter is punishable as contempt of court. As added by P.L.196-1997, SEC.24. Amended by P.L.2-1998,
SEC.77.
