SENATE, No. 567

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senator BASSANO

 

 

An Act concerning adoption and amending and supplementing P.L.1977, c.367.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 12 of P.L.1977, c.367 (C.9:3-48) is amended to read as follows:

    12. a. When the child to be adopted has not been received from an approved agency, the prospective parent shall file with the court a complaint for adoption. Upon receipt of the complaint, the court shall by its order:

    (1) Declare the child to be a ward of the court and declare that the plaintiff shall have custody of the child subject to further order of the court;

    (2) Appoint an approved agency to make an investigation and submit a written report to the court which shall include:

    (a) the facts and circumstances surrounding the surrender of custody by the child's parents and the placement of the child in the home of the plaintiff, including the identity of any intermediary who participated in the placement of the child;

    (b) an evaluation of the child and of the plaintiff and the spouse of the plaintiff if not the child's parent and any other person residing in the prospective home; [and]

    (c) any fees, expenses or costs paid by or on behalf of the adopting parent in connection with the adoption; and

    (d) developmental and medical history information as required pursuant to section 1 of P.L.1979, c.292 (C.9:3-41.1).

    The agency conducting the investigation shall, if it is able to, contact the birth parent and confirm that counseling, if required by section 18 of P.L.1993, c.345 (C.9:3-39.1), has either been provided or waived by the birth parent. If not previously provided, the agency shall advise the parent of the availability of such counseling through the agency and shall provide such counseling if requested by the birth parent or if the birth parent resides out of State or out of the country, such counseling should be made available by or through an agency approved to provide such counseling in the birth parent's state or country of domicile. The agency shall further confirm that the birth parent has been advised that the decision of the birth parent not to place the child for adoption or the return of the child to the birth parent can not be conditioned upon the repayment of expenses by the birth parent to the adoptive parent.

    All expenses and fees for the investigation and any counseling provided shall be the responsibility of the plaintiff;

    (3) Direct the plaintiff to cooperate with the approved agency making the investigation and report; and

    (4) Fix a day for preliminary hearing not less than two or more than three months from the date of the filing of the complaint; except that the hearing may be accelerated upon the application of the approved agency and upon notice to the plaintiff if the agency determines that removal of the child from the plaintiff's home is required, in which case the court shall appoint a guardian ad litem to represent the child at all future proceedings regarding the adoption.

    Whenever the plaintiff is a stepparent of the child, the court, in its discretion, may dispense with the agency investigation and report and take direct evidence at the preliminary hearing of the facts and circumstances surrounding the filing of the complaint for adoption.

    Whenever a plaintiff is a brother, sister, grandparent, aunt, uncle, or birth father of the child, the order may limit the investigation to an inquiry concerning the status of the parents of the child and an evaluation of the plaintiff. At least 10 days prior to the day fixed for the preliminary hearing the approved agency shall file its report with the court and serve a copy on the plaintiff.

    b. The preliminary hearing shall be in camera and shall have for its purpose the determination of the circumstances under which the child was relinquished by his parents and received into the home of the plaintiff, the status of the parental rights of the parents, the fitness of the child for adoption and the fitness of the plaintiff to adopt the child and to provide a suitable home. If the report of the approved agency pursuant to subsection a. of this section contains material findings or recommendations adverse to the plaintiff, the presence of a representative of the approved agency who has personal knowledge of the investigation shall be required at the preliminary hearing. If in the course of the preliminary hearing the court determines that there is lack of jurisdiction, lack of qualification on the part of the plaintiff or that the best interests of the child would not be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

    c. If upon completion of the preliminary hearing the court finds that:  

    (1) The parents of the child do not have rights as to custody of the child by reason of their rights previously having been terminated by court order; or, as provided in section 10 of P.L.1977, c.367 (C.9:3-46) their failure to make timely objection to the adoption or their substantial failure to perform the regular and expected parental functions of care and support of the child, although able to do so, or their inability to perform these functions which is unlikely to change in the immediate future;

    (2) The guardian, if any, should have no further control or authority over the child;

    (3) The child is fit for adoption; and

    (4) The plaintiff is fit to adopt the child, the court shall: (a) issue an order stating its findings, declaring that no parent or guardian of the child has a right to custody or guardianship of the child; (b) terminate the parental rights of that person, which order shall be a final order; (c) fix a date for final hearing not less than six nor more than nine months from the date of the preliminary hearing; and (d) appoint an approved agency to supervise and evaluate the continuing placement in accordance with subsection d. of this section. If the plaintiff is a brother, sister, grandparent, aunt, uncle, birth father, stepparent or foster parent of the child, or if the child has been in the home of the plaintiff for at least two years immediately preceding the commencement of the adoption action, and if the court is satisfied that the best interests of the child would be promoted by the adoption, the court may dispense with this evaluation and final hearing and enter a judgment of adoption immediately upon completion of the preliminary hearing.

    d. The approved agency appointed pursuant to subsection c. of this section shall from time to time visit the home of the plaintiff and make such further inquiry as may be necessary to observe and evaluate the care being received by the child and the adjustment of the child and the plaintiff as members of a family. At least 15 days prior to the final hearing the approved agency shall file with the court a written report of its findings, including a recommendation concerning the adoption, and shall mail a copy of the report to the plaintiff.

    If at any time following the preliminary hearing the approved agency concludes that the best interests of the child would not be promoted by the adoption, the court shall appoint a guardian ad litem for the child and after a hearing held upon the application of the approved agency and upon notice to the plaintiff, may modify or revoke any order entered in the action and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

    e. At the final hearing the court shall proceed in camera; except that if the approved agency in its report pursuant to subsection d. of this section has recommended that the adoption be granted, the final hearing may be dispensed with and, if the court is satisfied that the best interests of the child would be promoted by the adoption, a judgment of adoption may be entered immediately.

    The appearance of the approved agency at the final hearing shall not be required unless its recommendations are adverse to the plaintiff or unless ordered by the court. If its appearance is required, the approved agency shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter.

    f. If, based upon the report and the evidence presented, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the evidence, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

(cf: P.L.1993, c.345, s.11)

 

    2. (New section) a. There is a presumption that an adopted person is entitled to receive his developmental and medical history information, and toward this end, an adoptive parent or guardian of an adopted person, an adopted person 18 years of age or older, a direct descendant 18 years of age or older of a deceased adopted person, or the parent or guardian of a direct descendant of an adopted person which descendant is under 18 years of age, may request the approved agency that placed the child for adoption or conducted an investigation pursuant to section 12 of P.L. 1977, c.367 (C.9:3-48) to provide any available nonidentifying developmental and medical history information contained in the confidential records of the approved agency concerning the adopted person.

    b. The approved agency that placed the child for adoption or conducted an investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) shall provide the individual requesting information pursuant to subsection a. of this section with a detailed summary of any available nonidentifying developmental and medical history information that is contained in the confidential records of the approved agency. The summary shall not include information that would identify the birth parents of the adopted person.

    c. An individual who is denied access to the nonidentifying developmental and medical history information pursuant to this section may petition a court of competent jurisdiction for relief.

 

    3. (New Section) a. There is a presumption that an adopted person is entitled to receive his developmental and medical history information, and toward this end, an adoptive parent or guardian of an adopted person, an adopted person 18 years of age or older, a direct descendant 18 years of age or older of a deceased adopted person, or the parent or guardian of a direct descendant of an adopted person which descendant is under 18 years of age, may request the court that granted the adoption to order that any available nonidentifying developmental and medical history information contained in the sealed records of the court concerning the adopted person, be provided.

    b. Pursuant to the court order, the individual requesting information pursuant to subsection a. of this section, shall be provided with a detailed summary of any available nonidentifying developmental and medical history information. The summary shall not include information that would identify the birth parents of the adopted person.

 

    4. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill allows an adopted person 18 years of age or older, his adoptive parent or guardian, an adult direct descendant of a deceased adopted person, or the parent or guardian of that direct descendant who has not yet reached 18, to request the approved agency that placed the child for adoption or conducted an investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) to provide any available nonidentifying developmental and medical history information contained in the confidential records of the approved agency concerning the adopted person. The agency would be required to provide a detailed summary which would not include information that would identify the birth parents of the adopted person. An individual who is denied access to the nonidentiying developmental and medical history information contained in the confidential records of the approved agency may petition a court of competent jurisdiction for relief.

    Similarly, the bill allows an adopted person 18 years of age or older, his adoptive parent or guardian, an adult direct descendant of a deceased adopted person, or the parent or guardian of that direct descendant who has not yet reached 18, to request the court that granted the adoption to order that any available nonidentifying developmental and medical history information contained in the sealed records of the court concerning the adopted person, be provided. Pursuant to the order, the individual requesting information would be provided with a detailed summary of any available nonidentifying developmental and medical history information. The summary would not include information that would identify the birth parents of the adopted person.

    Information to be provided would include all available information, other than information which would identify or permit the identification of the birth parent of the child, relevant to the child's development, including his developmental and medical history, personality and temperament, the parent's complete medical histories, including conditions or diseases which are believed to be hereditary, any drugs or medications taken during pregnancy and any other conditions of the parent's health which may be a factor influencing the child's present or future health.

    This bill is similar to provisions contained in the Uniform Adoption Act (1994) which allow for the exchange of nonidentifying developmental and medical history information through approved agencies or courts.

 

 

 

Allows adoptees to gain access to nonidentifying developmental and medical history information.