Chapter 166

2005 -- H 5350 SUBSTITUTE A

Enacted 07/06/05

A N A C T

RELATING TO ADOPTION OF CHILDREN

Introduced By: Representatives Williams, McNamara, Mumford, Almeida, and Naughton

Date Introduced: February 08, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 15-7 of the General Laws entitled "Adoption of Children" is

hereby amended by adding thereto the following section:

15-7-2.1. Pre-adoption report on child placed for adoption. - - (a) Notwithstanding

any other law or regulation, in those cases where a child is placed for adoption by the department

of children, youth and families or a licensed child placement agency, the agency shall provide a

pre-adoption report in writing to the prospective adoptive parents as early as practicable after the

filing of a termination of parental rights or direct consent adoption petition and before a

prospective adoptive parent agrees to accept the child for purposes of adoption. The pre-adoptive

report shall include the following information that is reasonably available within the records of

the department of children, youth and families or the licensed child placement agency that is

placing a child for adoption:

(1) A current medical, dental, developmental and psychological history of the child,

including an account of the child’s prenatal care, medical condition at birth, developmental

milestones; any medical, psychological or psychiatric examination and diagnosis related to the

child; any physical, sexual or emotional abuse or neglect suffered by the child; any

developmental assessment and a record of any immunizations and health care received while the

child was in foster or other care; the child’s enrollment and performance in school and any special

educational needs and any adjudications of waywardness and/or delinquency.

(2) If the child has undergone any genetic testing, and the agency is aware of the results,

those results must be disclosed in the report to the prospective adoptive parents.

(3) If the child has been tested for HIV, and the agency is aware of the results, those

results must be disclosed in the report to the prospective adoptive parents.

(4) The age, race, religion, ethnicity and general physical appearance of biological

parents.

(5) The educational levels of biological parents, including any known diagnosed learning

disabilities.

(6) The relationship between biological parents; the age and sex of any other children

born to the biological parents and if a parent is deceased, the cause of and the age at death.

(7) Nonidentifying medical, substance abuse and mental health histories of the biological

parents and siblings; the medical and mental health histories shall include drugs and medications

taken by the child’s biological mother during pregnancy, any known allergies, hereditary, genetic

or metabolic diseases.

(8) The circumstances of any judicial order terminating the parental rights of a parent for

abuse, neglect, abandonment, or other mistreatment of the child.

(9) The length of time the child has been in the care of the agency and the child’s

placement history.

(10) Any information necessary to determine the child’s eligibility for state or federal

benefits.

(11) No information provided under subsection (a) shall disclose the name, or last known

address of the biological relatives.

(b) A report furnished under this section must be signed and dated by the individual who

prepared the report.

may disclose the identity of providers of professional services to the child.

(d) The agency shall not be liable for the accuracy and completeness and shall be held

harmless for information provided by the biological parents and others that it reasonably relies on

to prepare the preadoption report.

(e) Any of the information listed in subsection (a), in the possession of the department of

children, youth and families that is related to adoption proceedings completed prior to the

effective date of this act shall be supplied to the adoptive parents or an adoptee under this section,

who is 18 years of age or over, upon request.

(f) If information listed in subsection (a) that was not available at the time the

preadoption report was forwarded to the prospective adoptive parents becomes available prior to

the adoption proceeding, the director shall prepare a supplemental written report detailing said

information. If subsequent to the adoption, the biological parent or sibling contacts the agency for

the purpose of sharing information about a genetic or hereditary illness, disease or condition that

may affect the adoptee’s health, the agency shall make reasonable efforts to contact and forward

the information in a manner that does not identify the birth relative, to an adoptee who is 18 or

more years of age or to the adoptive parents of an adoptee who is less than 18 years of age.

(g) All information and documentation provided in accordance with subsection (a), is

confidential and remains the property of the person/agency making the full disclosure until the

adoption is final. If the prospective adoptive parent refuses or terminates the placement, all

information and documentation provided regarding the child and his/her birth family shall be

returned to the person/agency providing full disclosure. A prospective adoptive parent shall not

disclose any confidential information, except as necessary to make a placement/adoption decision

or to provide to professionals who are treating, assessing or educating the child.

(h) This section does not apply to a stepparent adoption, or the adoption of a child related

to the petitioner by marriage, blood or adoption.

(i) Any adoptee under this section, who is 18 years of age or over shall be given the

information in subsection (a)(1) upon written request.

(j) Nothing contained herein shall prohibit the voluntary exchange of identifying

information between mutually consenting biological parents and adoptive parents and adoptees,

18 years of age or older.

SECTION 2. This act shall take effect upon passage.

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LC01497/SUB A

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