S T A T E   O F   N E W   Y O R K
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                                  1108

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend  the public health law, in relation to establishing a
  voluntary confidential intermediary adoption program to  help  in  the
  search for a birth parent or adopted person

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

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  S  4138-E. VOLUNTARY CONFIDENTIAL INTERMEDIARY ADOPTION PROGRAM.  1. A
VOLUNTARY CONFIDENTIAL INTERMEDIARY ADOPTION  PROGRAM  SHALL  BE  ESTAB-
LISHED  AND MAINTAINED BY THE DEPARTMENT. UNDER SUCH PROGRAM, AN ADOPTED
PERSON OVER THE AGE OF TWENTY-ONE YEARS, OR AN ADOPTED PERSON UNDER  THE
AGE  OF TWENTY-ONE YEARS WITH THE PERMISSION OF AN ADOPTIVE PARENT, OR A
BIRTH PARENT OR MEMBER OF THE BIRTH PARENT'S FAMILY  AFTER  THE  ADOPTEE
HAS REACHED THE AGE OF TWENTY-ONE YEARS MAY PETITION THE FAMILY COURT TO
APPOINT  A  CONFIDENTIAL INTERMEDIARY WHO SHALL BE AN INDIVIDUAL WITH NO
RELATION OR CONNECTION TO THE PETITIONER AND WHO HAS COMPLETED  ALL  THE
REQUIREMENTS  FOR  CONFIDENTIAL INTERMEDIARIES UNDER THIS SECTION AND AS
ESTABLISHED BY THE DEPARTMENT.
  2. IF A FAMILY COURT DECIDES TO APPOINT A  CONFIDENTIAL  INTERMEDIARY,
SUCH  INTERMEDIARY  SHALL  SEARCH  FOR  AND DISCREETLY CONTACT THE BIRTH
PARENT OR ADOPTED PERSON, OR IF THEY ARE NOT ALIVE OR CANNOT BE  LOCATED
WITHIN  ONE  YEAR, THE INTERMEDIARY MAY ATTEMPT TO LOCATE MEMBERS OF THE
BIRTH PARENT OR ADOPTED PERSON'S FAMILY. THESE FAMILY MEMBERS  SHALL  BE
LIMITED  TO  THE NATURAL GRANDPARENTS OF THE ADULT ADOPTEE, A BROTHER OR
SISTER OF A NATURAL PARENT, OR THE CHILD OF A NATURAL PARENT. THE COURT,
FOR GOOD CAUSE SHOWN, MAY ALLOW A RELATIVE MORE  DISTANT  IN  DEGREE  TO
PETITION FOR DISCLOSURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00889-01-9
              

A. 1108                             2

  3.  CONFIDENTIAL  INTERMEDIARIES  APPOINTED  UNDER  THIS SECTION SHALL
COMPLETE TRAINING  PROVIDED  BY  THE  DEPARTMENT,  A  LICENSED  ADOPTION
SERVICE  OR  ANOTHER COURT-APPROVED ENTITY AND FILE AN OATH OF CONFIDEN-
TIALITY AND A CERTIFICATE OF COMPLETION  OF  TRAINING  WITH  THE  FAMILY
COURT  OF  EVERY COUNTY IN WHICH THEY SERVE AS INTERMEDIARIES.  ANY COST
INCURRED FOR SUCH TRAINING SHALL BE BORNE BY THE  CONFIDENTIAL  INTERME-
DIARY. THE COURT MAY DISMISS AN INTERMEDIARY IF THE INTERMEDIARY ENGAGES
IN CONDUCT WHICH VIOLATES PROFESSIONAL OR ETHICAL STANDARDS.
  4.  THE  CONFIDENTIAL INTERMEDIARY SHALL SIGN A STATEMENT OF CONFIDEN-
TIALITY WHICH SHALL BE  FILED  WITH  THE  DEPARTMENT  WHICH  STATES  THE
FOLLOWING:
  I,  .........., SIGNING UNDER PENALTY OF CONTEMPT OF COURT, STATE: "AS
A CONDITION OF APPOINTMENT AS  A  CONFIDENTIAL  INTERMEDIARY,  I  AFFIRM
THAT, WHEN ADOPTION RECORDS ARE OPENED TO ME:
  I  WILL  NOT  DISCLOSE  TO THE PETITIONER, DIRECTLY OR INDIRECTLY, ANY
IDENTIFYING INFORMATION IN THE RECORDS WITHOUT FURTHER  ORDER  FROM  THE
COURT.
  I  WILL CONDUCT A DILIGENT SEARCH FOR THE PERSON BEING SOUGHT AND MAKE
A DISCREET AND CONFIDENTIAL INQUIRY  AS  TO  WHETHER  THAT  PERSON  WILL
CONSENT  TO  BEING PUT IN CONTACT WITH THE PETITIONER, AND I WILL REPORT
BACK TO THE COURT THE RESULTS OF MY SEARCH AND INQUIRY.
  IF THE PERSON SOUGHT CONSENTS TO BE PUT IN CONTACT WITH THE  PETITION-
ER,  I  WILL ATTEMPT TO OBTAIN A DATED, WRITTEN CONSENT FROM THE PERSON,
AND ATTACH THE ORIGINAL OF THE CONSENT TO MY REPORT TO THE COURT. IF THE
PERSON SOUGHT DOES NOT CONSENT TO THE DISCLOSURE OF HIS OR HER IDENTITY,
I SHALL REPORT THE REFUSAL OF CONSENT TO THE COURT.
  I WILL NOT MAKE ANY CHARGE OR ACCEPT ANY COMPENSATION FOR MY  SERVICES
EXCEPT AS APPROVED BY THE COURT, OR AS REIMBURSEMENT FROM THE PETITIONER
FOR  ACTUAL  EXPENSES  INCURRED IN CONDUCTING THE SEARCH. THESE EXPENSES
WILL BE LISTED IN MY REPORT TO THE COURT.
  I RECOGNIZE THAT UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION  MAY
SUBJECT  ME TO CIVIL LIABILITY UNDER STATE LAW, AND SUBJECTS ME TO BEING
FOUND IN CONTEMPT OF COURT."
  5. THE CONFIDENTIAL INTERMEDIARY SHALL BE  ENTITLED  TO  REIMBURSEMENT
FROM  THE  PETITIONER  FOR ACTUAL EXPENSES IN CONDUCTING THE SEARCH. THE
COURT MAY AUTHORIZE A REASONABLE FEE IN ADDITION TO THESE EXPENSES.
  6. IF THE CONFIDENTIAL INTERMEDIARY IS UNABLE  TO  LOCATE  THE  PERSON
BEING SOUGHT WITHIN ONE YEAR, THE CONFIDENTIAL INTERMEDIARY SHALL MAKE A
RECOMMENDATION  TO  THE  COURT  AS TO WHETHER OR NOT A FURTHER SEARCH IS
WARRANTED, AND THE REASONS FOR THIS RECOMMENDATION.
  7. IN THE CASE OF A PETITION FILED ON BEHALF OF A  NATURAL  PARENT  OR
OTHER BLOOD RELATIVE OF THE ADOPTEE, WRITTEN CONSENT OF ANY LIVING ADOP-
TIVE  PARENT  SHALL BE OBTAINED PRIOR TO CONTACT WITH THE ADOPTEE IF THE
ADOPTEE:
  (A) IS LESS THAN TWENTY-FIVE YEARS OF AGE AND  IS  RESIDING  WITH  THE
ADOPTIVE PARENT; OR
  (B)  IS  LESS  THAN TWENTY-FIVE YEARS OF AGE AND IS A DEPENDENT OF THE
ADOPTIVE PARENT.
  8. IF THE CONFIDENTIAL INTERMEDIARY LOCATES THE PERSON BEING SOUGHT, A
DISCREET AND CONFIDENTIAL INQUIRY SHALL BE MADE AS  TO  WHETHER  OR  NOT
THAT PERSON WILL CONSENT TO HAVING HIS OR HER PRESENT IDENTITY DISCLOSED
TO THE PETITIONER. THE IDENTITY OF THE PETITIONER SHALL NOT BE DISCLOSED
TO  THE  PARTY  BEING  SOUGHT. IF THE PARTY BEING SOUGHT CONSENTS TO THE
DISCLOSURE OF HIS OR HER IDENTITY, THE CONFIDENTIAL  INTERMEDIARY  SHALL
OBTAIN  THE  CONSENT  IN  WRITING  AND SHALL INCLUDE THE ORIGINAL OF THE
CONSENT IN THE REPORT FILED WITH THE COURT. IF THE  PARTY  BEING  SOUGHT

A. 1108                             3

REFUSES DISCLOSURE OF HIS OR HER IDENTITY, THE CONFIDENTIAL INTERMEDIARY
SHALL REPORT THE REFUSAL TO THE COURT AND SHALL REFRAIN FROM FURTHER AND
SUBSEQUENT INQUIRY WITHOUT JUDICIAL APPROVAL.
  9.  (A) IF THE CONFIDENTIAL INTERMEDIARY OBTAINS FROM THE PERSON BEING
SOUGHT WRITTEN CONSENT FOR DISCLOSURE OF HIS  OR  HER  IDENTITY  TO  THE
PETITIONER, THE COURT MAY THEN ORDER THAT THE NAME AND OTHER IDENTIFYING
INFORMATION OF THAT PERSON BE RELEASED TO THE PETITIONER.
  (B)  IF  THE  PERSON  BEING  SOUGHT  IS  DECEASED, THE COURT MAY ORDER
DISCLOSURE OF THE IDENTITY OF THE DECEASED TO THE PETITIONER.
  (C) IF THE CONFIDENTIAL INTERMEDIARY IS UNABLE TO CONTACT  THE  PERSON
BEING  SOUGHT  WITHIN  ONE  YEAR, THE COURT MAY ORDER THAT THE SEARCH BE
CONTINUED FOR A SPECIFIED TIME OR BE TERMINATED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.