House Committee on Public Health Care & Human Services (01/21/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date:	01/21/2014	ATTENDANCE

Time:	01:36 PM to 03:14 PM	Conti	X
		Everett	X
Place:	HCR 0107	Ginal	X
		Joshi	X
This Meeting was called to order by		Landgraf	X
	Representative Primavera	McCann	X
		Schafer	X
This Report was prepared by		Singer	X
	Elizabeth Burger	Stephens	*
		Tyler	X
		Wilson	*
		Young	X
		Primavera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1042		Amended, Referred to Finance

01:36 PM -- HB14-1042

Representative Saine introduced House Bill 14-1042. The bill requires a custodian of records relating to the relinquishment of a child to provide certain records to the child's birth parent at the time of relinquishment. She responded to questions from the committee about access to the records, noting that the only records that would be released are those that the birth parent has signed. She further addressed questions from the committee regarding whether the birth father's name is available as part of the records, and why the bill makes a distinction between voluntary relinquishments and adoptions that occur as a result of a dependency and neglect action.

01:40 PM -- Rich Uhrlaub, Adoptees in Search, Colorado's Triad Connection, responded to questions from the committee regarding the bill's relationship with child trafficking, stating that the bill seeks to enforce the legality of a child relinquishment. He stated that the intent of the language is to allow all birth parents, except for those in dependency and neglect cases, to access the relevant records. He discussed his own adoption and the records associated with the adoption. He discussed previous legislation related to access to adoption records and how it relates to House Bill 14-1042. He responded to committee questions regarding child trafficking and pending legislation related to adoption records.

02:05 PM -- Kathy Aderhold, representing herself, discussed her personal experience surrendering a daughter to adoption. She explained that she was not allowed to have copies of the original records related to the relinquishment and adoption. She responded to questions from the committee.

02:17 PM -- Kay Johnson, representing herself, discussed her personal experience surrendering a son to adoption. She discussed how her inability to obtain a birth certificate for her son could potentially impede his ability to inherit from her estate.

02:25 PM -- Mr. Uhrlaub returned to the table to respond to committee questions regarding how access to the original birth certificate could facilitate Ms. Johnson's ability to include her son in her will.

02:27 PM -- Jenny Kraska, Colorado Catholic Conference, discussed her organization's concerns with the bill and specifically with respect to access to the affidavit of counseling document, and whether that document should be available to the birth parents. She discussed her concerns with potential access to third-party personal information that may be contained in some of the documents. She responded to questions from the committee. The committee discussed the affidavit of counseling.

02:35 PM -- Mr. Uhrlaub returned to the table to respond to committee questions regarding access to birth records of children conceived through sexual assault.

02:42 PM -- Benjamin Waters, Foster Care and Adoption Agencies of Colorado and Lutheran Family Services, testified that his organization shares similar concerns as the Colorado Catholic Conference regarding the bill.

02:44 PM -- Mr. Uhrlaub returned to the table to respond to committee questions regarding the affidavit of counseling. He responded to questions from the committee regarding whether the bill would apply to past relinquishments. Committee discussion regarding the affidavit of counselling ensued. Mr. Uhrlaub clarified that the bill does not authorize the release of counseling notes.

02:55 PM

Amendments L.001, L.003, and L.004 (Attachments A, B, and C) were distributed to the committee.

14HsePHS0121AttachA.pdf

14HsePHS0121AttachB.pdf

14HsePHS0121AttachC.pdf


BILL:	HB14-1042
TIME:	02:56:35 PM
MOVED:	Everett
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Young
		VOTE
	Conti
	Everett
	Ginal
	Joshi
	Landgraf
	McCann
	Schafer
	Singer
	Stephens
	Tyler
	Wilson
	Young
	Primavera

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:00 PM

The committee discussed the provision of amendment L.003 removing provisions related to the birth parent who is not requesting a copy of the document. Ms. Kraska returned to the table to address committee questions regarding birth parent access to information about the other birth parent and third parties named in documents provided to requesting birth parents. Mr. Uhrlaub returned to the table to respond to questions from the committee regarding amendment L.003.


BILL:	HB14-1042
TIME:	03:06:51 PM
MOVED:	Landgraf
MOTION:	Adopt amendment L.003 (Attachment B). The motion failed on a vote of 1-11, with one member excused.
SECONDED:	Conti
		VOTE
	Conti	No
	Everett	No
	Ginal	No
	Joshi	No
	Landgraf	Yes
	McCann	No
	Schafer	No
	Singer	No
	Stephens	Excused
	Tyler	No
	Wilson	No
	Young	No
	Primavera	No

YES: 1 NO: 11 EXC: 1 ABS: 0 FINAL ACTION: FAIL

03:07 PM

Ms. Kraska responded to committee questions regarding amendment L.004 and practices related to the affidavit of counseling.


BILL:	HB14-1042
TIME:	03:10:51 PM
MOVED:	Everett
MOTION:	Adopt amendment L.004. (Attachment C). The motion failed on a vote of 3-9, with one member excused.
SECONDED:	Joshi
		VOTE
	Conti	No
	Everett	Yes
	Ginal	No
	Joshi	Yes
	Landgraf	Yes
	McCann	No
	Schafer	No
	Singer	No
	Stephens	Excused
	Tyler	No
	Wilson	No
	Young	No
	Primavera	No

YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL

03:12 PM

Committee members commented on the bill.


BILL:	HB14-1042
TIME:	03:12:27 PM
MOVED:	Landgraf
MOTION:	Refer House Bill 14-1042, as amended, to the Committee on Finance. The motion passed on a vote of 12-0, with one member excused.
SECONDED:	McCann
		VOTE
	Conti	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	McCann	Yes
	Schafer	Yes
	Singer	Yes
	Stephens	Excused
	Tyler	Yes
	Wilson	Yes
	Young	Yes
	Primavera	Yes

FINAL YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:13 PM

Representative Saine commented on the bill. Representative Primavera made announcements related to the committee's schedule.

03:14 PM

The committee adjourned.