The Model Adoption Act of 1980 by Jimmy Carter which was contorted into the Uniform adoption act. This was actually a GOOD ACT for open records access for all adoptees nationwide.

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Model State Adoption Act and Model State Adoption Procedures;
Recommendations of the Model Adoption Legislation and Procedures Advisory
Panel

AGENCY: Department of Health, Education, and Welfare.
ACTION: Notice of report for public comment

SUMMARY: On April 24, 1978 the Child Abuse Prevention and Treatment and
Adoption Reform Act (Pub. L. 95-266) was signed into law. Section 203 of
Title II - Adoption Opportunities mandates the creation of an independent
expert panel to recommend to the Secretary model legislation and procedures
relating to adoption.

The panel met eight times for a total of 25 days between October 14, 1978
and September 28, 1979 and has now completed drafting a Model State Adoption
Act and Model State Adoption procedures which are designed to facilitate
adoptions by families of all economic levels. The legislation and
procedures published in the Federal Register are the panel's recommendations
and do not necessarily represent the Department's position. By publishing
them, and providing reprints on request, the Secretary intends that they may
be made readily available to all interested parties and invites public
comment on these recommendations. Additional copies of the Act and the
Procedures may be obtained from the regional Adoption Resource Center or the
Regional Office in each of the Federal Regions, or from the Children's
Bureau. See Appendix A for a list of these addresses.

The Department will prepare and issue the final Model State Adoption Act and
Procedures after it has received and analyzed the public comments on the
Panel's recommendations and consulted further with the Panel.

DATES: The comment period will close May 16, 1980. In addition to
soliciting written comment by publishing the recommendations in the Federal
Register, the Department will hold a public meeting in each of the Federal
regions to solicit additional comment during this period. Details of these
meetings will be announced in the Federal Register at a later date.

Requires that all courts and agencies compiling records pursuant to specific
section of the Act retain them for at least 99 years after the child reaches
majority; makes the state adoption administration the official repository
for records; provides for the issuance of an amended birth certificate for
the adoptee when the final decree of adoption is issued and for the sealing
of the original certificate.

Allows access to records of proceedings only by those who were parties to
the proceedings: birth parents and adult adoptees have access to the
original birth certificate, birth parents and adult adoptees have access to
court and agency records of the termination proceedings, adult adoptees and
adoptive parents have access to court and agency records of the adoption
proceedings.

Provides for supplementing records with updated information and for
transmitting this information to those it concerns. Provides penalties for
illegal disclosure or destruction of records; applies provisions
retroactively.

Recordkeeping requirements imposed by the Model Act serve a number of
purposes:
· To impose structure and control over proceedings.
· To assure accountability in performance.
· To create a written social and medical history that must often substitute
for the interpersonal contacts in an adoptee's formation of a sense of
identity.
· To assist, if indicated, in reuniting the adult adoptee with members of
his birth family.
· To provide a means by which quality of services can be evaluated for
licensing purposes.

The Model Act - particularly Title V - embodies the recognition that persons
involved in the adoption process need information and that the agency has a
responsibility to make that information accessible.

The law requires that the records of the agency and court compiled in any
proceedings covered by the Act be retained for 99 years after the child
reaches the age of majority. Retention assures that the material will be
available in future years to adult adoptees, birth parents, and adoptive
parents.

The agency which compiles the records has the primary responsibility [10639]
for maintaining and retaining records. If an agency discontinues its
operation, all termination and adoption records are to be transferred to the
state adoption administration, which has been designated to accept and
preserve them.

It is the responsibility of the agency to establish a records retention
policy that clearly outlines the following:
· Staff members responsible for preparing the case record for storage.
· Staff members responsible for maintaining a master file that identifies
where each case record is stored. It is important to realize that a cross
reference system be utilized to aid in the proper identification of case
records.
· Documents that are to be retained and those that may be destroyed because
of duplication or incorporation in another report.
· The manner of storage. The retention and storage of records can be
cumbersome if they are retained in their original state. An alternative for
an agency with a large volume of cases is the use of microfilm.

Although each agency can establish its own guidelines for recordkeeping,
documents compiled pursuant to the following sections of the Model Act must
be retained:
· Section 104(c). Written agreement for continuing contact with the birth
parents.
· Section 205. Adoptive parents application, agency record of preliminary
investigation and approval of adoptive applicants for the particular child
in question, report on the birth parents, assessment of the child, medical
and genetic information on the birth parents, and medical information and
medical assessment of the child.
· Section 206. Report to court for a placement made by a parent;
accompanying forms completed by birth parents and child's examining
physicians; and prenatal, delivery and postnatal reports.
· Section 207. Reports on postplacement services and records on a child
removed from an adoptive placement.
· Section 303. Relinquishment document, tape recording or written record of
relinquishment proceeding, and waiver of notice.
· Section 304. Revocation of relinquishment.
· Section 305 and 306. Petition to terminate parental rights and
accompanying documents and court order.
· Section 307. Parent's waiver of notice of agency failure to place a
relinquished child.
· Section 311. Court-ordered report on competency of a party.
· Section 312. Assessment of child.
· Section 318. Guardian reports to court.
· Sections 401. Adoption petition and accompanying documents and court
order.
· Section 402. Report to court on the adjustment of the child and adoptive
family to each other.
· Section 407. Report on placement plan for child and follow-up reports if
adoption petition is denied.
· Section 793. Report and agency certification of subsidy eligibility.

In an intercountry adoption, an agency must obtain as much of the foregoing
material as is available and maintain it according to the established
records retention policy.

In interstate placements and cases transferred between jurisdictions, the
agency sending the child should forward whatever materials the receiving
agency needs to discharge its duties. The sending agency, however, should
retain a complete case file and should be viewed as the primary source of
information about the child.

Section 502 outlines procedures for amendment and sealing of the child's
original birth record once the adoption is completed.

The agency should help the adoptive family understand the importance of
having a copy for the child and for themselves. The Model Act specifies the
data which are to appear on the amended certificate and provides for the
sealing of the original birth certificate. The original certificate remains
sealed to the adoptee until he attains majority, at which time he may
inspect the original record which contains the names of his birth parents.

Court records are maintained by the clerk of the court as part of the
judicial system and are sealed to prevent inspection by the public. Parties
to termination or adoption proceedings, however, may obtain access upon
application to the clerk; this right of access includes an agency which had
custody or guardianship of a child who was a party to the proceeding.

This section covers the confidentiality of agency records. It also provides
for access by the public agency to voluntary agency records under certain
conditions.

The law provides access to records to those persons who have legal
entitlement and who can verify their identity. Because many adult adoptees
may not have any other source of information about their biological
heritage, it is imperative that agencies obtain a complete legal, social,
and medical history from the birth parents at the time of relinquishment;
keep accurate notes summarizing agency services provided; and maintain
records as required by Section 501 of the Model Act. At a minimum, the
following information should be included in agency records:
· Information about the birth parents and members of their families,
including names, addresses, birth dates, nationality, medical history,
physical appearance, education, and employment.
· The reasons the birth parents relinquished their child.
· Information on the child including birth history; all medical,
psychological or other evaluation reports; history of foster care
placements; and reports on adoptive placement and supervision.
· Adoptive family assessment and accompanying documents.

It is advisable for the agency to maintain separate working files on the
child and adoptive parents and to insert copies of information pertaining to
both the child and the adoptive parents in each record.

Case records are confidential and the information contained therein should
not be disclosed except to those who have legal entitlement or when a
written consent has been filed or a court order is received. The agency's
policies on confidentiality and on retention of records must be shared with
all persons whom the agency serves. Individuals should be given an
opportunity to authorize broader disclosure of information from their record
if they choose.

It is important for an agency to establish a formal written policy regarding
access to agency records. The policy must provide for consistent service to
all persons who make requests and include release of all available
information within the confines specified by the law. The thrust of the law
favors openness by placing the burden on the agency to justify nondisclosure
of information, but allows for protection of privacy through deletion of
identifying or personal information, such as sexual difficulties or
infertility. The Model Act clearly states that an adoptive parent may not
be given the name of the birth parent [10640] nor may the birth parent be
given any identifying information about an adoptee and his adoptive family.
It should be emphasized, however, that it is not a violation of the law to
reveal the birth parents' identity to their adult son or daughter.

As required in the Model Act, applications, notifications, and consents
necessary for disclosure of agency records must be in writing. Responses to
these requests must be given promptly to minimize anxiety on the part of the
requesting person. The agency's failure to respond promptly may be the
basis for an individual appeal. In addition, counseling to the requesting
party can play an important role in determining what issues are pertinent
and how active a role the agency should assume in the process, but
counseling may not be required as a prerequisite to the granting of access.

Depending on the number of requests for access, the agency should consider
designating one trained staff person or a staff unit to handle such
requests. A state agency or another agency that covers a wide geographic
area may wish to designate a local worker to handle requests and to provide
any counseling requested by the person seeking information.

An agency's refusal of a request for disclosure should be in writing, with
an explanation that the agency's decision may be appealed to the court. The
agency should be aware that it has the burden to show why the requested
information should not be disclosed.

This section also grants public authorities the right to inspect agency
records in certain instances. All public and voluntary agencies must
provide access to active case records to representatives of the state
licensing agency. The state licensing agency must have access to these
records in order to evaluate standards of practice, types of cases served,
and compliance with state licensing regulations. A public agency purchasing
care or service for a child or family is permitted to inspect the active
files of the persons for whom services are purchased in order to monitor the
expenditure of funds.

No public agency representative may obtain access to records of closed cases
without a court order; this includes the records both of children adopted
and of children not adopted.

Under the Model Act, parties who have a right of access to adoption and
related records also have a right to object to supplement or clarify
statements contained in those records by submitting written statements which
must become part of the permanent records maintained by the court or the
agency.

Agencies should encourage parties to the Adoption to supplement the agency
records with material such a medical or genetic information that may be of
significance to other parties of the adoption. Any agency which receives
information of this nature is required to make a diligent search for the
person affect to transmit the information (see Section 310 of the Procedures
for diligent search).

All contacts the agency has with the parties to an adoption after the case
is closed should be recorded. Recording of these contacts may later be
useful if a birth parent wishes to contact or seek information about his
birth child after the child reaches majority; an agency is required to make
a reasonable effort to contact the child in order to transmit the birth
parent's request. In this context, a "reasonable" effort might include
mailing a letter to the child's last known address or attempt to locate the
child through relatives of his foster or adoptive family. Reasonable
efforts do not entail the extensive efforts of the "diligent" search
required in other instances.

A register with a listing of adoptees cross-referenced by birth name and
adopted name, may also be useful in keeping track of children served by the
agency over the years.

This section imposes a severe penalty for violation of the records retention
and access policies of Title V of the Model Act.

An agency must be familiar with the provisions Title V as well as the
professional and ethical standards for a social service agency for guidance
in the storage of records, their preservation, and their handling by staff
members. The Model Act is specific about who is entitle to inspect records
(sections 503 and 504), and an agency which permits unlawful access may be
prosecuted.

An agency should establish policies for the care and the use of records by
agency personnel, for verifying the identity and entitlement of persons
requesting information, and for making copies of materials for persons
entitled to the information. An agency which provides copies may charge a
fee equal to the actual costs for duplication of the materials copied.

This section applies the records access provisions of Title V retroactively,
thereby extending the rights of access under Title V to judicial and agency
records compiled prior to the effective dare of the Model Act. This
provision supercedes any prior law requiring confidentiality and is not in
any way limited by other assurances of confidentiality given in the past.

Retroactive access to records may have a particularly significant impact on
agency practices because of previous agency commitments to confidentiality
made under existing law to both parents and adoptive parents. Birth parents
may want to locate or be located by their birth children, adoptees may want
to search, and adoptive parents are recognizing the importance of greater
openness in adoption. Agencies need to prepare both themselves and others
for the changing philosophy in adoption.

Staff training should be provided to increase awareness of the effects of
the records policies, both on present agency practices and on the parties to
adoptions completed in the past. A sensitive and enlightened training
program can be achieved by using those persons who are part of the adoption
triangle. Hearing their thoughts firsthand has a far greater impact on
staff than more theoretical presentations by trainers who are farther
removed from the immediate emotional involvement in the adoption triangle.

Agencies may also want to prepare adoptive parents by holding group meetings
with families who adopted through the agency during the past 20 to 25 years.
These meetings will make adoptive parents aware of the changes in adoption
philosophy and help them rethink their own concept of adoption.

By training their own staff, by altering policies to reflect the increasing
openness in adoption, and by preparing adoptive parents who may have been
assured confidentiality, agencies can lessen the anxieties of persons who
fear contact with another party to the adoption wile furthering the intent
of the Model Act on behalf of persons who are seeking such contact
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