Indiana § 31-19-25-21 - Client consent required for release of identifying information by attorney; court order

§ 31-19-25-21. Client consent required for release of identifying information by attorney; court order

Sec. 21. (a) An attorney may release identifying information under this chapter only if the client that the attorney represented in the adoption has submitted a written consent to the release of the identifying information to the individual requesting the identifying information.

(b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney's possession may be released only under a court order issued in a proceeding under IC 31-19-24.

As added by P.L.191-2011, SEC.54.

IC 31-19-25.5Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings

31-19-25.5-1Application 31-19-25.5-2Request release of information to adoptee or pre-adoptive sibling 31-19-25.5-3Determine if adoptee and pre-adoptive sibling submitted similar requests 31-19-25.5-4Repealed 31-19-25.5-5Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information 31-19-25.5-6Pre-adoptive sibling or adoptee less than 21 years of age; provide information of court proceeding to request release of adoption information; release of name and address prohibited 31-19-25.5-7Adoptive parents request information; request or consent of adult pre-adoptive sibling required; provide information of court proceeding to request release of adoption information 31-19-25.5-8Unable to identify or locate pre-adoptive sibling or deceased cannot be identified or located; providing information of court proceeding to request release of adoption information; release of information prohibited 31-19-25.5-9Withdrawal of request or consent 31-19-25.5-10Errors in execution of request or consent 31-19-25.5-11Fee for actual expenses

IC 31-19-25.5-1Application Sec. 1. Except as provided under sections 6 and 7 of this chapter, this chapter applies to:

(1) adoptees; and

(2) pre-adoptive siblings;

who are at least twenty-one (21) years of age.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-2Request release of information to adoptee or pre-adoptive sibling Sec. 2. (a) An adoptee may submit a written request to the state registrar that includes the following:

(1) A statement that the adoptee has an interest in having contact with any pre-adoptive siblings of the adoptee.

(2) A statement that authorizes the state registrar to release the name and present location of the adoptee to any pre-adoptive sibling of the adoptee who submits a similar request.

(b) A pre-adoptive sibling of an adoptee may submit a written request to the state registrar that includes the following:

(1) A statement that the pre-adoptive sibling has an interest in having contact with the adoptee.

(2) A statement that authorizes the state registrar to release the name and present location of the pre-adoptive sibling to the adoptee if the adoptee has submitted a similar request.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-3Determine if adoptee and pre-adoptive sibling submitted similar requests Sec. 3. (a) If an adoptee submits a written request to the state registrar under section 2 of this chapter, the state registrar shall determine whether the pre-adoptive sibling of the adoptee has submitted a similar request.

(b) If a pre-adoptive sibling of an adoptee submits a written request to the state registrar under section 2 of this chapter, the state registrar shall determine whether an adoptee has submitted a similar request.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-4RepealedAs added by P.L.191-2011, SEC.55. Amended by P.L.190-2017, SEC.10. Repealed by P.L.3-2016, SEC.26.

IC 31-19-25.5-5Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information Sec. 5. (a) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of a pre-adoptive sibling to an adoptee who submits a written request under section 2 of this chapter if:

(1) the pre-adoptive sibling of the adoptee has submitted a written request under section 2 of this chapter; and

(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(b) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of an adoptee to a pre-adoptive sibling of the adoptee who submits a written request under section 2 of this chapter if:

(1) the adoptee has submitted a written request under section 2 of this chapter; and

(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(c) Except as provided under subsection (f), the state registrar shall release information under this section if:

(1) both the adoptee and pre-adoptive sibling of the adoptee have submitted requests under section 2 of this chapter; and

(2) the adoptee or pre-adoptive sibling who requested information under section 2 of this chapter submits:

(A) a death certificate;

(B) an obituary; or

(C) any other form of evidence approved by the Indiana department of health;

indicating that a birth parent is deceased to the state registrar for each birth parent who is named on the adoptee's original birth certificate.

(d) The state registrar shall search the death certificates and the STEVE system in the state registrar's possession regarding a birth parent if:

(1) an adoptee and a pre-adoptive sibling of the adoptee have submitted written requests to be in contact; and

(2) a birth parent has filed a contact preference form under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(e) Except as provided under subsection (f), if, upon searching the death certificates and the STEVE system under subsection (d), the state registrar finds that a birth parent is deceased, the state registrar shall:

(1) inform the adoptee and pre-adoptive sibling of the death; and

(2) release the information if additional consent is not required by this chapter.

(f) The state registrar may not release information under this section to an adoptee or pre-adoptive sibling if:

(1) additional consent is required under this chapter; or

(2) a:

(A) nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) that evidences the birth parent's lack of consent to the release of identifying information;

submitted by a birth parent specifically states that the nonrelease form or contact preference form shall remain in effect after the birth parent's death.

(g) If the state registrar is prohibited from releasing the name and address of the pre-adoptive sibling under this section, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee or pre-adoptive sibling.

As added by P.L.191-2011, SEC.55. Amended by P.L.6-2012, SEC.205; P.L.3-2016, SEC.27; P.L.190-2017, SEC.11; P.L.56-2023, SEC.295.

IC 31-19-25.5-6Pre-adoptive sibling or adoptee less than 21 years of age; provide information of court proceeding to request release of adoption information; release of name and address prohibited Sec. 6. (a) If:

(1) an adoptee submits a request under section 2 of this chapter; and

(2) the pre-adoptive sibling of the adoptee is less than twenty-one (21) years of age;

the state registrar shall notify the adoptee if the pre-adoptive sibling has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee. However, the state registrar may not release the name or address of the pre-adoptive sibling to the adoptee.

(b) If:

(1) a pre-adoptive sibling submits a request under section 2 of this chapter; and

(2) the adoptee is less than twenty-one (21) years of age;

the state registrar shall notify the pre-adoptive sibling if the adoptee has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the pre-adoptive sibling. However, the state registrar may not release the name or address of the adoptee to the pre-adoptive sibling.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-7Adoptive parents request information; request or consent of adult pre-adoptive sibling required; provide information of court proceeding to request release of adoption information Sec. 7. (a) The adoptive parents of an adoptee who is less than twenty-one (21) years of age may submit a written request for information concerning the identity and present location of any pre-adoptive siblings of the adoptee.

(b) The state registrar shall release information concerning the name and present location of an adult pre-adoptive sibling to the adoptive parents if the pre-adoptive sibling submitted a written request under section 2 of this chapter.

(c) If a pre-adoptive sibling has not submitted a request under section 2 of this chapter, the state registrar shall do the following:

(1) Search the sealed adoption records for information concerning the pre-adoptive sibling.

(2) Release information to the adoptive parents only if the pre-adoptive sibling is at least twenty-one (21) years of age and consents to the release of the information.

(d) If a pre-adoptive sibling is less than twenty-one (21) years of age, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptive parents.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-8Unable to identify or locate pre-adoptive sibling or deceased cannot be identified or located; providing information of court proceeding to request release of adoption information; release of information prohibited Sec. 8. (a) The state registrar shall notify an adoptee who has submitted a request under section 2 of this chapter if:

(1) the state registrar is unable to identify or locate a pre-adoptive sibling; or

(2) a pre-adoptive sibling is deceased and had not submitted a request under section 2 of this chapter.

The state registrar shall provide information to the adoptee on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the pre-adoptive sibling under this section.

(b) The state registrar shall notify a pre-adoptive sibling who has submitted a request under section 2 of this chapter if:

(1) the state registrar is unable to identify or locate an adoptee; or

(2) an adoptee is deceased and had not submitted a request under section 2 of this chapter.

The state registrar shall provide information to the pre-adoptive sibling on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the adoptee under this section.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-9Withdrawal of request or consent Sec. 9. A person may withdraw a:

(1) request by the person submitted under section 2 of this chapter; or

(2) consent by the person for the release of information under this chapter;

by submitting to the state registrar a statement signed by the person withdrawing the request or consent.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-10Errors in execution of request or consent Sec. 10. The state registrar may contact a person who submits a request or consent under this chapter that is incorrectly or incompletely executed to inform the person regarding the error in the execution of the request or consent.

As added by P.L.191-2011, SEC.55.

IC 31-19-25.5-11Fee for actual expenses Sec. 11. The Indiana department of health may charge a reasonable fee for actual expenses incurred in complying with this chapter.

As added by P.L.191-2011, SEC.55. Amended by P.L.56-2023, SEC.296.

IC 31-19-26Chapter 26. Repealed[Pre-1997 Recodification Citations:

31-19-26-1formerly 31-3-3-2(a)31-19-26-2formerly 31-3-3-2(b)31-19-26-3formerly 31-3-3-2(c)31-19-26-4formerly 31-3-3-2(d), (e)31-19-26-5formerly 31-3-3-2(f), (g)31-19-26-6formerly 31-3-3-2(h).]Repealed by P.L.146-2008, SEC.806.

IC 31-19-26.5Chapter 26.5. Adoption Subsidies

31-19-26.5-0.2Application of certain amendments to prior law 31-19-26.5-1"Adoption subsidy" 31-19-26.5-2"Child with special needs" 31-19-26.5-3Payment of adoption subsidies 31-19-26.5-4Priority for funding if funds are insufficient 31-19-26.5-5Adoption subsidy amount 31-19-26.5-6Additional payments under certain conditions 31-19-26.5-7Certain children eligible for Medicaid 31-19-26.5-8Submission of reports; modification or discontinuance of adoption subsidy payments 31-19-26.5-9Limits on term of adoption subsidy agreement 31-19-26.5-10Adoption assistance account 31-19-26.5-10.5Required agreement and allocation of funds from the adoption assistance account 31-19-26.5-11Priority for payments required by court orders 31-19-26.5-12Adoption of rules 31-19-26.5-13Applicability of chapter

IC 31-19-26.5-0.2Application of certain amendments to prior law Sec. 0.2. The amendments made to IC 31-3-1-4 and IC 31-3-3-2 (before their repeal) by P.L.98-1990 apply to a petition for adoption that:

(1) seeks the payment of a subsidy; and

(2) is filed after June 30, 1990.

As added by P.L.220-2011, SEC.505.

IC 31-19-26.5-1"Adoption subsidy" Sec. 1. As used in this chapter, "adoption subsidy" means payments by the department to an adoptive parent of a child with special needs to assist with the cost of care of the child:

(1) after a final decree of adoption of the child has been entered under IC 31-19-11; and

(2) during the time the child is residing with and supported by the adoptive parent or parents.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-2"Child with special needs" Sec. 2. As used in this chapter, "child with special needs" means a child who:

(1) is a hard to place child; and

(2) meets the requirements of a special needs child, as specified in 42 U.S.C. 673(c) and the rules of the department applicable to those requirements.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-3Payment of adoption subsidies Sec. 3. (a) Subject to section 4 of this chapter, the department shall make payments of adoption subsidy under this chapter for the benefit of a child with special needs if the department has:

(1) either:

(A) entered into a written agreement under section 10.5 of this chapter with the adoptive parent or parents, before or at the time the court enters a final decree of adoption under IC 31-19-11-1, that specifies the amount, terms, and conditions of the adoption assistance payments; or

(B) received a written final order in an administrative appeal in accordance with section 12(4) of this chapter concluding that the adoptive parents are eligible for a subsidy payable under this chapter and determining the appropriate subsidy amount; and

(2) determined that the child is not eligible for adoption assistance under 42 U.S.C. 673.

(b) This section does not prohibit the department from modifying or terminating an agreement with the adoptive parent or parents under this chapter. However, the department may not terminate an agreement with the adoptive parent or parents due to insufficient funds in the adoption assistance account.

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.184.

IC 31-19-26.5-4Priority for funding if funds are insufficient Sec. 4. If the department determines that sufficient funds are not or will not be available in the adoption assistance account established under this chapter to make adoption subsidy payments to adoptive parents of all children who may be eligible for a subsidy payable under this chapter, the department may, in accordance with procedures established by rules:

(1) approve new adoption subsidy agreements only for the benefit of children for whom the department has wardship responsibility at the time the adoption petition is filed; or

(2) give priority to funding new adoption subsidy agreements for children for whom the department has had wardship responsibility.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-5Adoption subsidy amount Sec. 5. (a) Subject to subsection (b), the amount of adoption subsidy payments under this chapter may not exceed the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater.

(b) In the case of an adoptive parent of a child with special needs that is in the therapeutic foster care or therapeutic plus category of supervision, the amount of adoption subsidy payments under this chapter may not be less than an amount equal to fifty percent (50%) of the per diem rate determined by the department for the:

(1) therapeutic foster care; or

(2) therapeutic plus;

category of supervision, whichever is applicable, that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater.

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.185.

IC 31-19-26.5-6Additional payments under certain conditions Sec. 6. (a) In addition to the adoption subsidy payments determined under section 3 of this chapter, the department may make additional payments for medical or psychological care or treatment of the adoptive child if all the following conditions exist:

(1) The child is a child with special needs, based in whole or in part on a physical, a mental, an emotional, or a medical condition that:

(A) existed before the filing of the adoption petition; or

(B) is causally related to specific conditions that existed or events that occurred before the filing of the adoption petition;

as determined by a physician or psychologist licensed in Indiana.

(2) The child's adoptive parent has applied to the department, in the form and manner specified by the department, for assistance in payment of the cost of special services that the child needs to remedy or ameliorate the condition or conditions identified in subdivision (1).

(3) The department determines that:

(A) the services required are not and will not be covered by either:

(i) private health insurance available to the child or adoptive parent; or

(ii) the Medicaid program in Indiana or the state where the child currently resides; and

(B) payment of the cost of the required services without assistance will cause a significant financial burden and hardship to the adoptive family.

(4) Sufficient funds are available in the adoption assistance account to cover the cost of additional assistance provided under this section.

(b) A determination by the department under this section is not subject to administrative review or appeal, unless specifically authorized by rule of the department under section 12(4) of this chapter, but is subject to judicial review as provided in IC 4-21.5-5.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-7Certain children eligible for Medicaid Sec. 7. An adoptive child who is:

(1) a child with special needs based on a medical, a physical, a mental, or an emotional condition that existed before the filing of the adoption petition; and

(2) the beneficiary of an agreement for adoption subsidy under this chapter;

is eligible for Medicaid.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-8Submission of reports; modification or discontinuance of adoption subsidy payments Sec. 8. (a) As a condition for continuation of subsidy payments under the agreement, the department may require the adoptive parents to submit a verified report, annually or at a time or times specified in the agreement or by rule, stating:

(1) the location of the parents;

(2) the location and condition of the child; and

(3) any additional information required by rule of the department or the agreement.

(b) The department may confirm the accuracy and veracity of the report from any reliable sources of information concerning the adoptive family and child, including any governmental or private agency that serves the area in which the child resides.

(c) If the report or information received by the department indicates a substantial change in the conditions that existed when the adoption subsidy agreement was signed, the department may, after notice to the adoptive parent or parents, modify or discontinue the adoption subsidy payments provided in the agreement.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-9Limits on term of adoption subsidy agreement Sec. 9. (a) Except as provided in this section, the term of any adoption subsidy agreement under this chapter, including any extension of the original term, ends when any of the following events occurs:

(1) The child becomes eighteen (18) years of age.

(2) The child becomes emancipated.

(3) The adoptive parent or parents are no longer providing financial support to the child.

(4) The child dies.

(5) The child's adoption is terminated.

(b) The department may continue the adoption subsidy payments, in amounts determined by agreement among the department, the child, and the adoptive parents, during a time after the child becomes eighteen (18) years of age and before the child becomes twenty-one (21) years of age if:

(1) either:

(A) the child is enrolled in:

(i) a secondary school;

(ii) a public or private institution of higher education; or

(iii) a course of career or technical education leading to gainful employment; or

(B) the child needs continuing support and assistance for a physical, a medical, a mental, or an emotional condition that limits or prevents the child from becoming self-supporting; and

(2) the adoptive parent or parents:

(A) provide the principal source of financial support for the child's room, board, medical care, and other necessary living expenses; and

(B) are entitled to claim the child as a dependent on their federal or state income tax return or returns for the year in which the continued subsidy payments are made.

As added by P.L.146-2008, SEC.562.

IC 31-19-26.5-10Adoption assistance account Sec. 10. An adoption assistance account is established within the state general fund for the purpose of funding adoption subsidy payments under this chapter and the state's share of adoption assistance payments under 42 U.S.C. 673. The account consists of:

(1) amounts specifically appropriated to the department by the general assembly for adoption assistance;

(2) amounts allocated by the department to the adoption assistance account from department funds in accordance with section 10.5 of this chapter; and

(3) any other amounts contributed or paid to the department for adoption assistance under this chapter.

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.186.

IC 31-19-26.5-10.5Required agreement and allocation of funds from the adoption assistance account Sec. 10.5. (a) Subject to section 4 of this chapter, the department shall:

(1) enter into a written agreement described under section 3(a)(1)(A) of this chapter with each adoptive parent of a child with special needs who is eligible for an adoption subsidy under this chapter; and

(2) allocate funds to the adoption assistance account necessary to meet the requirements under section 3 of this chapter.

(b) This section does not require the department to enter into an agreement to:

(1) make additional payments under section 6 of this chapter; or

(2) continue adoption subsidy payments under section 9(b) of this chapter.

As added by P.L.165-2021, SEC.187.

IC 31-19-26.5-11Priority for payments required by court orders Sec. 11. (a) Subject to sections 3 and 10.5 of this chapter, the department shall give priority to payments required by court orders for county adoption subsidies entered under IC 31-19-26 (before its repeal).

(b) The provisions of this chapter applicable to continuation, modification, or termination of adoption subsidy payments shall apply after January 1, 2009, to county adoption subsidy orders entered under IC 31-19-26 (before its repeal).

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.188.

IC 31-19-26.5-12Adoption of rules Sec. 12. The department shall adopt rules under IC 4-22-2, as needed, to carry out this chapter. The rules must include at least the following subjects:

(1) The application and determination process for subsidies or other assistance provided under this chapter.

(2) The standards for determination of a child with special needs.

(3) The process for determining the duration, extension, modification, and termination of agreements, as provided in sections 8 and 9 of this chapter.

(4) The procedure for administrative review and appeal of determinations made by the department under this chapter.

(5) Subject to sections 3 and 10.5 of this chapter, the procedure for determining availability of funds for new subsidy agreements and continuation of existing agreements or orders under this chapter and IC 31-19-26 (before its repeal), including any funding limitations or priorities as provided in sections 4 and 11 of this chapter.

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.189.

IC 31-19-26.5-13Applicability of chapter Sec. 13. This chapter does not affect:

(1) the legal status of an adoptive child;

(2) the rights and responsibilities of the adoptive parents as provided by law; or

(3) the eligibility of an adoptive child or adoptive parents for adoption assistance under Title IV-E of the Social Security Act (42 U.S.C. 673), federal and state regulations applicable to the Title IV-E adoption assistance program, or determination of the amount of any assistance provided by the department through the Title IV-E adoption assistance program.

As added by P.L.146-2008, SEC.562.

IC 31-19-27Chapter 27. Program for Adoption of Hard to Place Children

31-19-27-1Program to place hard to place children 31-19-27-1.5Hard to place child; eligibility for adoption subsidies 31-19-27-2Delegation of program 31-19-27-3Powers of the department 31-19-27-4Money not reverting to state general fund