senate Bill S2889

Amended

Relates to the adoption information registry

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2013
    • REFERRED TO HEALTH
  • 05 / Feb / 2013
    • 1ST REPORT CAL.51
  • 11 / Feb / 2013
    • AMENDED 2889A
  • 11 / Feb / 2013
    • 2ND REPORT CAL.
  • 12 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 27 / Feb / 2013
    • SUBSTITUTED BY A2087

Summary

Relates to the adoption information registry.

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Bill Details

Versions:
S2889
S2889A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L; amd §5, Chap 480 of 2012

Votes

15
0
15
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S2889

TITLE OF BILL: An act to amend the public health law, in relation to
the adoption information registry; and to amend chapter 480 of the laws
of 2012, amending the public health law relating to the adoption regis-
try, in relation to the effectiveness thereof

PURPOSE: To make changes in the language of the new law which will
improve the effectiveness of New York State's Adoption Registry.

SUMMARY OF PROVISIONS:

Section 1- Subdivision 2 and the opening paragraph of subdivision 4 of
section 4138-c of the public health law. as amended by chapter 480 of
the laws of 2012, are amended to clarify that "biological" siblings are
able to participate in the adoption information registry; and to add
that the Department of Health shall "to the extent practicable" deter-
mine whether the adoptee's adoption occurred within New York State.

Section 2- Paragraphs (d) and (e) of subdivision 6-a of section 4138-c
of the public health law, as added by chapter 480 of the laws of 2012,
are amended to specify that the department shall "to the extent practi-
cable," determine if the adoptee was adopted in New York State.

Section 3- Section 5 of chapter 480 of the laws of 2012, amending the
public health law relating to the adoption registry, is amended to
provide an effective date which shall take effect one year after it
shall have become law

JUSTIFICATION: This bill amends chapter 480 of the laws of 2012 to clar-
ify "biological" siblings may apply to participate in the state adoption
information registry. In addition, this bill specifies that the Depart-
ment of Health shall, "to the extent practicable," search records to
determine if an adoption took place in this state Finally, the effective
date is changed to one year after the original bill became a law.

LEGISLATIVE HISTORY: Chapter Amendment to S.5145 of 2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately; provided that
sections one and two of this act shall take effect on the same date and
in the same manner as chapter 480 of the laws of 2012, amending the
public health law relating to the adoption registry, takes effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2889

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health  law,  in  relation  to  the  adoption
  information  registry;  and  to amend chapter 480 of the laws of 2012,
  amending the public health law relating to the adoption  registry,  in
  relation to the effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 and the opening paragraph of subdivision 4 of
section 4138-c of the public health law, as amended by  chapter  480  of
the laws of 2012, are amended to read as follows:
  2.  Upon  application  for registration by an adoptee not born in this
state, or by a birth parent or BIOLOGICAL sibling of  such  an  adoptee,
the  department  shall [search the records of the department to], TO THE
EXTENT PRACTICABLE, determine whether the  adoptee's  adoption  occurred
within  this  state.  If  the  department  determines  that the adoption
occurred within this state, it shall register the applicant if he or she
is otherwise qualified and make appropriate  notifications  pursuant  to
subdivision  four  of  this section.   The registry shall accept, at any
time, and maintain the verified registration transmitted  by  an  agency
pursuant  to  section forty-one hundred thirty-eight-d of this title, or
of the birth parents of an adoptee who  was  born  in  this  state.  The
registry  shall neither accept nor maintain the registration of an adop-
tee sooner than eighteen years after the adoptee's birth, or in the case
of registration by a biological sibling of an adoptee,  no  sooner  than
the  longer  of  eighteen  years after the biological sibling's birth or
eighteen years after the adoptee's birth. Any person whose  registration
was  accepted may withdraw such registration prior to the release of any
identifying information. The  adoptee  registrant,  and  the  biological
sibling  registrant, shall include as part of the registration the iden-
tification, including the name and address, of known biological siblings

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08311-01-3

S. 2889                             2

of the adoptee. The adoptee may upon registration, or any time thereaft-
er, elect not to have release of information by  the  authorized  agency
involved  in such adoption. The department shall establish an authorized
agency  fee  schedule  for  search costs and registry costs and services
provided by such agency in gathering and forwarding information pursuant
to this section. The fee schedule may also include costs for disseminat-
ing information about the registry and the adoption medical  information
sub-registry  to  the public. Such publications or brochures may include
information as to identifying and non-identifying  information,  how  to
register  and fees charged to the registrants, and any other information
deemed appropriate.
  Upon acceptance of a registration of an adoptee born in this state, or
by a birth parent or BIOLOGICAL sibling of  such  adoptee,  pursuant  to
this  section, the department shall search the records of the department
to determine whether the adoptee's adoption occurred within this  state.
[Upon completion of] AFTER MAKING A DETERMINATION, TO THE EXTENT PRACTI-
CABLE,  AS  TO  WHETHER AN ADOPTEE'S ADOPTION OCCURRED WITHIN THIS STATE
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, OR UPON COMPLETING a search
of the records pursuant to this subdivision [or subdivision two of  this
section]:
  S  2.  Paragraphs  (d) and (e) of subdivision 6-a of section 4138-c of
the public health law, as amended by chapter 480 of the  laws  of  2012,
are amended to read as follows:
  (d)  Upon  receipt from the birth parent of certified medical informa-
tion and other information needed to identify the  adopted  person,  the
department  shall,  TO  THE EXTENT PRACTICABLE, determine if the adoptee
was adopted in New York state. If the adoptee was adopted  in  New  York
state,  the  department shall register such information and determine if
the adoptee or adoptive parent of the adoptee is registered.  Upon  such
determination,  the department shall release the non-identifying medical
information only to an adoptee, aged eighteen years or older,  or  adop-
tive  parent  of  an  adoptee  who  has not attained the age of eighteen
years.
  (e) Upon receipt from an adoptee aged eighteen years or older  or  the
parent  of  an  adoptee  of a registration, the department shall, TO THE
EXTENT PRACTICABLE, determine if the adoptee was  adopted  in  New  York
state.  If  the  adoptee  was  adopted in New York state, the department
shall search  its  records  for  medical  information  provided  by  the
adoptee's  birth  parent.    If  such  medical information is found, the
department shall release the non-identifying medical  information  only,
to  an  adoptee,  aged eighteen years or older, or adoptive parent of an
adoptee who has not attained the age of eighteen years.
  S 3. Section 5 of chapter 480 of the laws of 2012, amending the public
health law relating to the adoption registry,  is  amended  to  read  as
follows:
  S  5. This act shall take effect [immediately] ONE YEAR AFTER IT SHALL
HAVE BECOME A LAW.
  S 4. This act shall take effect immediately;  provided  that  sections
one  and  two  of this act shall take effect on the same date and in the
same manner as chapter 480 of  the  laws  of  2012,  as  amended,  takes
effect.

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