S T A T E   O F   N E W   Y O R K
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                                  3449

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of A. GABRYSZAK, GIGLIO -- read once and referred to
  the Committee 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.
  3. CONFIDENTIAL INTERMEDIARIES  APPOINTED  UNDER  THIS  SECTION  SHALL
COMPLETE  TRAINING  PROVIDED  BY  THE  DEPARTMENT,  A  LICENSED ADOPTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08351-01-1
              

A. 3449                             2

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
REFUSES DISCLOSURE OF HIS OR HER IDENTITY, THE CONFIDENTIAL INTERMEDIARY

A. 3449                             3

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.