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Adoptee Rights Legislation 2016

Posted By Marley Greiner On In | Comments Disabled

Walken-legAll information taken from official state legislative pages unless otherwise indicated. For more information on these bills, go to the appropriate links.

For more informatiom bills from last year and those held over for 2016 go to  BN 2015 legislative page [1].

Additions and corrections welcome!

This legislative update is reported by Lisa Zatonsky, Shea Grimm, and Marley Greiner

HAWAI’I

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Hawai’i HB 2082 [3] — Clean

The original bill was garbage with a mishmash of tiers and disclosure vetoes, and kept in place Hawaii’s current complicated and outdated confidential intermediary system.

Surprisingly, in committee, after written testimony by Adoption Circle of Hawaii asking for amendments, the bill was essentially entirely replaced with the provisions of SB. No. 2153, which gives adult adoptees access to the entire court file upon request. It also gives “natural parents” access to the original birth certificate.  HB 2082 as amended passed out of committee on 2/12/16 and was referred to the Judiciary committee where it will be heard on 2/23/16 at 2:00pm HST.

Actions:

NOTE: The bill(s) has been bouncing between houses regarding very minor changes. It now it has to go to joint conference committee to resolve the issue. This development does not speak to any concerns by members regarding the merits of the bill, from looking at the session as a whole, it appears nearly every bill, if not every bill, gets referred to conference if it was amended at all by the non-originating chamber, no matter how small the amendments.

Hopefully the conferences will be chosen quickly and will meet and resolve this minor issue. The final deadline for bills to be “decked” in the originating house this session is April 28, so there’s still time. Once we know the conference committee members, we’ll put out an action alert, or possibly sooner if it looks like we need some “help” getting them to assign it.

Bastard Nation Actions

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Hawaii SB 2153 [9] (companion bill to HB 2028)

Allows adopted individuals who have attained 18 years of age unfettered access to the adopted individual’s,adoption records.

Actions

Bastard Nation Actions

INDIANA

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Indiana SB 91 [12] p — PASSED

Legislative session begins: Jan.5,2016

The bill uses the state registry as an intermediary, combines the wording of a CPF with a DV, and allows the biological parent(s) to refuse the release of sibling contact information even when the siblings have indicated they want contact and may not want contact with the biological parent(s). In the case of the biological parent’s death and with evidence of the death, the adoptee may apply for release of “identifying information” which will be released if the biological parent did not sign a dv that extends past the parent’s death.

Actions:

 

Note:  Although the bill only shows the author as being on the committee, there are 2 past authors (Delph and Randolph) who sit on the committee. Due to past authors sitting on the committee, the bill was partly written by the Interim Study Committee, and a similar bill having passed through the same committee in 2015 with only 1 dissenting vote because that bill did not actually mention “contact preferences” and SB 91 does; the bill is expected to pass out of committee.

Submitting group: HEAR.  It is not supported by Indiana Open Access [15]. 

Deadline for SB 3rd Read in Senate: Feb3
1st Day SB can be heard in House;Feb 8
Sine die: March 14

2016 is the short session. Bills only have to wait 2 calendar days before going from Committee to Floor.

Bastard Nation Actions

IOWA

sun [2]Iowa HF 197 [21] — Carry-over; No movement

HF 197 is a carry-over bill from the 2015 session. The bill is “clean” and includes a Contact Preference Form.

Legislative session begins: Jan 5, 2016

Actions:  

Submitting Group: Iowa Adoptee & Family Coalition

  LOUISIANA

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Louisiana HB 391 [23] — Dead

The bill imposes undue restrictions upon adopted persons’ access to a copy of their own original birth certificate, through the implementation of a Confidential Intermediary and mandatory counseling system.

Bill Mandates:

Actions

Opposing State Group:  Louisiana Adoptee Rights Campaign [24] (Facebook)

Bastard Nation Actions

MASSACHUSETTS

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BILL NUMBERS CHANGED: Carry-over bills from the 2015 session  – Clean

 Massachusetts H4307 [26](formerly H2045)/S1144 [27](Senate bill retains number but has been redrafted to fit new H2045).

Legislative session begins: January 2, 2016.

Actions

Submitting Group: OBC for MA

Bastard Nation Actions

MINNESOTA

 

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Minnesota HF 2247/SF 2132 — Deform

The bill has a disclosure veto and a contact preference form.

Legislative session begins: March 8, 2016

Actions:

Submitting Group:  Minnesota Coalition for Adoption Reform

MISSOURI

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Missouri HB 1599 [35] — Deform

Sponsor: Rep. Don Phillips

The bill is a re-file version of the 2015 bill. On the surface, the bill appears clean.The current law’s access is found under Section 193.0135 [36]   and is access through a court order. 

Legislative session begins: Jan. 5, 2016

NOTE:  Passed the House , referred to committee in the Senate. Senate had a hearing on 4/5. Now awaiting committee vote or further action. It passed second read in the senate before being referred to committee

Submitting group:  Missouri Adoption Reform Movement (AAC aligned)

Bastard Nation Actions

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skull [11]Missouri HB 1822 [41] — Deform

Sponsor: Joe Don Mcgaugh

SUMMARY: HB 1822 (McGaugh) is a re-introduction of HB 1112 (2015 session).

This bill changes the law regarding the release of certain adoption records. If the state registrar releases a copy of an original birth certificate upon presentation of a court order entered in accordance with the provisions of the bill, the state registrar must issue an uncertified copy of the unaltered original birth certificate. The copy of the birth certificate must have the following statement printed on it: “For informational purposes only – not to be used for establishing identity.” If the court discloses identifying information under the provisions of the bill, the court must also order release of copies of the following records of the adoption to the adopted adult or the adopted adult’s lineal descendants if the adopted adult is deceased:

(1) The original birth certificate;

(2) The consent to termination of parental rights;

(3) Any waiver of consent to future adoption of the child;

(4) The adoption decree; and

(5) The petition for temporary custody and adoption.

When identifying information is withheld under the provisions of the bill due to a lack of consent or a failure to locate a biological parent, the court must order redaction of any withheld identifying information contained in the above listed documents. Only those documents in the possession of the court or other state agencies must be subject to release under these provisions.

Actions

IMPORTANT:

Missouri utilizes a “proving” committee phase, where a bill must pass through a subcommittee. Any related bills that pass through the subcommittee may be merged in the oversight committee. The bill that passes the oversight committee is known as a “true bill” and is presented to the floor and voted upon. The oversight committees are known as “Select” committees because they select which bills proceed to the floor and how.

IF HB 1822 is allowed to pass out of the lower committee and proceeds to the Select Standing Committee on Social Services, then it may be merged with the existing CLEAN HB 1599 which is awaiting Hearing in the SAME committee. Bills eligible to be merged do NOT have to cite the same affected statute. The competing bills only must address the same issue. The consequences of the two bills merging could be the CLEAN HB 1599 would deform and could include a disclosure veto, redaction provision, or both.

Actions

Bastard Nation Actions COMBINED on HB1599 and HB 1822

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HB 2076 [47]

This bill Allows adoption records to be released after 100 years from the date of the adoption

Actions

NEW YORK

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NEW YORK S5964/A2901A [48] — Deform

S5964 and its companion bill A2901A are 2015 session amendments to an originally clean access bill submitted by New York Statewide Adoption Reform’s Unsealed Initiative (NYSARUI) and supported by New York State Adoption Equality (NYSAE). The Assembly’s bill, A2901A, passed on June 18,2015. The Senate version, S5964, currently sits in the Senate Rules Committee.

Mandates (original–see amendment  at bottonm of NYS  for current mandates):

Legislative Session begins: Year round session allowing bill carry-over. Post-holiday session begins January 4th.

Actions:

IMPORTANT:  New amendments to 2901 [49]

Now mandates:

Both New York sponsoring organizations have issued statements in opposition to the amended bill. We join them  and urge you to write the New York Assembly members and request a “NO” vote. ACTION alert wi be issued soon.

Legislative session ends: June 16, 2016

Submitting Group: NYSARUI

Supporting Group (Original) : NYSAE

 Note: The submitting group has blocked the BN Leg Comm from posting legislative calendar clarifications & updates along with Action Alerts. BN members who have attempted to do so have had their posts deleted. Grounds for the block given was that the companion bills are a NY matter applying to those who live in NY. Please, be aware that information found on the submitting group’s facebook page is not always the most up-to-date nor in agreement with the state legislative web pages.

The supporting group does tend to post accurate bill updates in a timely manner.

Both groups are AAC aligned.

Bastard Nation Actions

PENNSYLVANIA

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Pennsylvania HB 162 [55] — Deform

Mandates:

Note:  This is a rollover bill. Originally, it started out as a clean bill with a CPF. On June 25th, the Children and Youth Committee amended and passed the bill. On December 16th, the House passed the amended bill. Per Rules, the bill may go to the Senate floor for a vote or may go to Committee. At this time, the bill has not been assigned.

Legislative session begins: Jan. 6, 2016

Actions:

Submitting Group: Pennsylvania Adoptee Rights

Bastard Nation Actions

 

WISCONSIN

skull [11]Wisconsin SB 386 — Deform

This bill seems to have slipped by everyone.  We have not seen it discussed anywhere until news of it showed up in the news on February 9.  The bill basically let’s adoptees receive the name of their birthparent if the birthparent is deceassed.  Maybe.  It was introduced at the end of 2015 legislative session and was signed into law on February 4. 2016. Below is a rundown.

Bill History: [61]   allows the release of a birth parent’s identifying information when that birth parent is known to be deceased and it does not breach the confidentiality of another legally identified birth parent.   The bill also removes the requirement for an eligible requester to obtain a letter from a physician in order to request updated medical and genetic information.  The bill additionally allows an adult adoptee to file an affidavit that would give the Adoption Search Program the ability to release his or her identifying information to their birth parent upon the parent’s request so long as it does not breach the confidentiality of another legally identified birth parent.  Finally, the bill allows a parent or guardian of a minor offspring of a deceased adoptee to request medical and genetic information

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2016 Proposed Access Bills waiting for  Sponsorship

CONNECTICUT

Closes the current non-access gap [62]. Access would become effective July 1, 2016

Legislative session begins: February 5, 2016

February 19, 2016:    Access Connecticut [63] reports that the Public Health Committee was unwilling to introduce their bill this year.  (In “short” sessions like 2016 only Committees, and not individual legislators, can introduce bills.)  They will have to wait to the next legislative session which begins in January, 2017.  In the meantime, they  continue to meet with legislators in the coming weeks while the legislature is in session to lay the groundwork for next year.

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2016 SAFE HAVEN LEGISLATION

 

no blame sh [64]

ILLINOIS

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SB 3271 [65]

(cross posted with Baby Box bills)

Amends the Abandoned Newborn Infant Protection Act. Requires the Department of Children and Family Services to conduct a review of the impact and effectiveness of the policy objectives established under the Act for the years 2001 through 2016 and to submit a report of its findings and recommendations to the Governor and the General Assembly by July 1, 2017. Provides that the report shall contain certain information, including: (i) the number of newborn infants abandoned during the review period; (ii) the number of newborn infants relinquished in accordance with the procedures outlined in the Act during the review period; (iii) a determination of whether a need exists to expand the list of facilities and personnel who are authorized to accept a relinquished newborn infant; and (iv) an analysis of the advantages and disadvantages of implementing and installing newborn safety incubators. Effective July 1, 2016.

Actions

February 19, 2016:  Filed,first reading, referred to Senate Assignments Committee

 

KENTUCKY

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Kentucky HB  75 [66]

Expands the state safe haven laws to include churches.

AN ACT relating to abandoned infants.

Amend KRS 405.075 and 216B.190 to add staffed churches to the list of permitted safe havens at which an abandoned infant can be dropped off; prohibit criminal or civil liability for any actions taken by safe havens; and amend KRS 620.355 to delete reference to a repealed statute.”

There have been a recorded 38 infants dropped off at the current SHs since 2002. Current law is 3 days or younger at a hospital ER, police station, or manned fire station. Catholic Church, the Baptist denominations (1st and Southern) support.

Legislative Session: Jan 5-April 12

Actions:

MASSACHUSETTS

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Massachusetts H 114 [67]

Current law verbiage clean-up.

Legislative Session: Full year. Jan. 3

Actions: This is a carry-over bill.

 House Committee on 3rd Read.

https://malegislature.gov/Committees/House/H36 [68]

SOUTH CAROLINA

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South Carolina H 3522 [69]

Requires Safe Havens to have state provided signage.

Actions:

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2016 BABY BOX LEGISLATION

 

B box mom [75]

Baby Boxes are Safe Havens on steroids.

Not satisfied with anonymous abandonment through Safe Haven programs, new groups have emerged separate from the Safe Haven Movement to help “deseperate mothers” who fear being seen dropping off newborns at Safe Haven sites such as hospitals or fire departments, by giving them a new/old “choice” of a baby box where they can dump their newborns without the intrusion and inconvenience of having to do a face-to-face turnover required by Safe Haven laws. Such boxes, (also known as Baby Wheels and Baby Flaps)  were used extensively from the Middle Ages through the late 19th century in Europe and were done away with as systemized public and private child welfare sytems developed.   They have lately made a comeback in Europe  and are  popular in Asia and Africa  A handful exist in Arizona and Californa but are seldom if ever used. To take the sting out of  Baby Box history,  Baby Boxers have renamed them “infant safety incubators.”

So far two Baby Box  groups have emerged:

Safe Haven Baby Boxes [76] based in Indiana, is  headed by Indiana EMT and anti-abortion activist Monica Kelsey. [77]  She is supported by the Knights of Columbus and local and national anti-abortionites. Kelsey’s goal is to install. with or without implementng legislation, baby drop boxes first in Indiana and then throughtout the country.  An evangelical Christian, she sees baby boxes as an alterntive to abortion seemingly convinced that “desperate women”  will carry secret pregnances to  term,  deliver alone, and walk away from a baby hole-in-the wall knowing they have ‘saved a life.” Altough Indiana, basically on a technicality, has rejectd Kelsey’s  baby box legislation (seen below for details)  she is going ahead with her plan and will soon begin installing baby boxes, which do not need legislative  or other state approval to operate,  in her state.

The second group is the Hope Box [78], based  bear Atlanta. Hope Box  acting as if newborns are abandoned by the scores in Atlanta, plans to open a 24/7 staffed medical facility  where it will collect newborns through its dropbox scheme (and probably other ways) and then pass them on to its affiliated adoption agency.  Hope Box and its adoption agency are affiliated with the cult church Interntional House of Prayer (IHOP).  Hope Box is also partnering [79] with evangelical anti-trafficking ministeries in metro Atlanta to scoop up babies.

Established Safe Haven organizations such as Save Abandoned Babies Foundation (Illinois), AMT Children of Hope (New York) and even Baby Safe Haven New England (the Morriseys) are actively opposing this legislation. US AdoptionLand. however, has been asleep at the wheel and appears ignorant of the danger these groups pose to families, adoptee rights and adoption reform. We hope to change that soon. Bastard Nation opposes and is extensively backgrounding and researching Baby Boxers.  We will be be posting  information and exposes about the movement over the next few weeks and months  and ways in which you can help stop them.

 In the meantime, we are keeping track of legislation.

ILLINOIS

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SB 3271 [65]

(cross posted with Safe Haven bills)

Amends the Abandoned Newborn Infant Protection Act. Requires the Department of Children and Family Services to conduct a review of the impact and effectiveness of the policy objectives established under the Act for the years 2001 through 2016 and to submit a report of its findings andrecommendations to the Governor and the General Assembly by July 1, 2017. Provides that the report shall contain certain information, including: (i) the number of newborn infants abandoned during the review period; (ii) the number of newborn infants relinquished in accordance with the proceduresoutlined in the Act during the review period; (iii) a determination of whether a need exists to expand the list of facilities and personnel who are authorized to accept a relinquished newborn infant; and (iv) an analysis of the advantages and disadvantages of implementing and installing newborn safety incubators. Effective July 1, 2016.

Actions

February 19, 2016:  Filed,first reading, referred to Senate Assignments Comomittee

MISSOURI

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HB 1224 [80]: Newborn Safety Incubators

“Allows, beginning January 1, 2016, a qualified service provider as defined in the bill to install and operate a newborn safety incubator for the purpose of taking custody of a newborn who is voluntarily left in the device. A newborn safety incubator is a device that allows a person to anonymously place a newborn in the device with the intent to leave the newborn and another person to remove the newborn from the device and take custody of the newborn. A qualified service provider that installs a newborn safety incubator must register with the Department of Health and Senior Services. Any person who places an item or individual, other than a newborn less than 31 days of age, into the newborn safety incubator is guilty of a class A misdemeanor. Any person who intentionally installs or operates a newborn safety incubator in violation of these provisions is guilty of a class A misdemeanor, unless the violation results in bodily injury to a newborn in which case the violation is a class D felony until December 31, 2016, and a class E felony beginning January 1, 2017.

STATUS

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Status of 2015 Baby Box Legislation

INDIANA [1]  

For more details this bill go to 2015 BN legislative page [1]

HB 1016 Newborn Safety Incubators–“Baby Boxes”

Description: “Requires the commission on improving the status of children in Indiana to submit, before January 1, 2016, to the general assembly and the governor’s office recommendations concerning: (1) new methods or mechanisms for carrying out policies relating to abandoned children; and (2) the production and distribution of information and posting of uniform signs regarding certain laws regarding emergency custody of abandoned children. Requires the state department of health to prepare and submit, before January 1, 2016, to the general assembly and the governor’s office recommendations concerning standards and protocols for the installation and operation of newborn safety incubators. Requires the state department of health to consider certain factors in preparing the recommendations.”

STATUS:  11/18/2015  Indiana Commission on Improving the Status of Children refused to support baby boxes; enactment of  bill which was unanoulsy supported by the Indiana Legislature, was contingent  on its support,  Monica Kelsey, leader of Safe Haven Baby Boxes says  this setback won’t stop their installation and has 5 sites lined up. She plans to open the first one her hometown of Woodburn, where her husband was just eleted major, in Januaryr. Another box is slated for Richmond. handily located on the Indiana-Ohio line.

LINKS:

 

Possible Baby Box Legislation 2016 Session

Reportedly bills will be introduced in Georgia, and possibly Massachusetts and Ohio this year.

Reporter:  Marley Greiner

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Originally published January 1, 2016

Update:  October 25, 2026 

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