§ 15-7-2.1 - Pre-adoption report on child placed for adoption.
SECTION 15-7-2.1
§ 15-7-2.1 Pre-adoption report on childplaced for adoption. – (a) Notwithstanding any other law or regulation, in those cases where a childis placed for adoption by the department of children, youth and families or alicensed child placement agency, the agency shall provide a pre-adoption reportin writing to the prospective adoptive parents as early as practicable afterthe filing of a termination of parental rights or direct consent adoptionpetition and before a prospective adoptive parent agrees to accept the childfor purposes of adoption. The pre-adoptive report shall include the followinginformation that is reasonably available within the records of the departmentof children, youth and families or the licensed child placement agency that isplacing a child for adoption:
(1) A current medical, dental, developmental andpsychological history of the child, including an account of the child'sprenatal care, medical condition at birth, developmental milestones; anymedical, psychological or psychiatric examination and diagnosis related to thechild; any physical, sexual or emotional abuse or neglect suffered by thechild; any developmental assessment and a record of any immunizations andhealth care received while the child was in foster or other care; the child'senrollment and performance in school and any special educational needs and anyadjudications of waywardness and/or delinquency.
(2) If the child has undergone any genetic testing, and theagency is aware of the results, those results must be disclosed in the reportto the prospective adoptive parents.
(3) If the child has been tested for HIV, and the agency isaware of the results, those results must be disclosed in the report to theprospective adoptive parents.
(4) The age, race, religion, ethnicity and general physicalappearance of biological parents.
(5) The educational levels of biological parents, includingany known diagnosed learning disabilities.
(6) The relationship between biological parents; the age andsex of any other children born to the biological parents and if a parent isdeceased, the cause of and the age at death.
(7) Nonidentifying medical, substance abuse and mental healthhistories of the biological parents and siblings; the medical and mental healthhistories shall include drugs and medications taken by the child's biologicalmother during pregnancy, any known allergies, hereditary, genetic or metabolicdiseases.
(8) The circumstances of any judicial order terminating theparental rights of a parent for abuse, neglect, abandonment, or othermistreatment of the child.
(9) The length of time the child has been in the care of theagency and the child's placement history.
(10) Any information necessary to determine the child'seligibility for state or federal benefits.
(11) No information provided under subsection (a) shalldisclose the name, or last known address of the biological relatives.
(b) A report furnished under this section must be signed anddated by the individual who prepared the report.
(c) Any report regarding the child, furnished pursuant tosubsection (a)(1) of this section may disclose the identity of providers ofprofessional services to the child.
(d) The agency shall not be liable for the accuracy andcompleteness and shall be held harmless for information provided by thebiological parents and others that it reasonably relies on to prepare thepreadoption report.
(e) Any of the information listed in subsection (a), in thepossession of the department of children, youth and families that is related toadoption proceedings completed prior to the effective date of this act[July 8, 2005] shall be supplied to the adoptive parents or anadoptee under this section, who is 18 years of age or over, upon request.
(f) If information listed in subsection (a) that was notavailable at the time the preadoption report was forwarded to the prospectiveadoptive parents becomes available prior to the adoption proceeding, thedirector shall prepare a supplemental written report detailing saidinformation. If subsequent to the adoption, the biological parent or siblingcontacts the agency for the purpose of sharing information about a genetic orhereditary illness, disease or condition that may affect the adoptee's health,the agency shall make reasonable efforts to contact and forward the informationin a manner that does not identify the birth relative, to an adoptee who is 18or more years of age or to the adoptive parents of an adoptee who is less than18 years of age.
(g) All information and documentation provided in accordancewith subsection (a), is confidential and remains the property of theperson/agency making the full disclosure until the adoption is final. If theprospective adoptive parent refuses or terminates the placement, allinformation and documentation provided regarding the child and his/her birthfamily shall be returned to the person/agency providing full disclosure. Aprospective adoptive parent shall not disclose any confidential information,except as necessary to make a placement/adoption decision or to provide toprofessionals who are treating, assessing or educating the child.
(h) This section does not apply to a stepparent adoption, orthe adoption of a child related to the petitioner by marriage, blood oradoption.
(i) Any adoptee under this section, who is 18 years of age orover shall be given the information in subsection (a)(1) upon written request.
(j) Nothing contained herein shall prohibit the voluntaryexchange of identifying information between mutually consenting biologicalparents and adoptive parents and adoptees, 18 years of age or older.