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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0291.01 JGG SENATE BILL 98­062

STATE OF COLORADO

BY SENATOR Wham;

also REPRESENTATIVE Adkins.

JUDICIARY

A BILL FOR AN ACT

CONCERNING PROCEDURES RELATED TO ADOPTION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Defines certain terms related to adoption records. Makes adoption records that were in existence prior to May 20, 1949, (the date when adoption records were sealed by state law) available to adoptees and adoptees' parents, siblings, half­siblings, or such persons' legal representatives. Makes adoption records involving adoptions finalized on or after May 20, 1949, available to certain persons pursuant to a court petition process.

Prohibits the release of identifying information and records to any other person except as otherwise specifically authorized, without the express written consent of the adoptee, the birth parent, the adoptive parent, or such persons' legal representatives. Provides that the adoptee, the birth parent, the adoptive parent, or such persons' legal representatives shall not be required to take any affirmative action in order to protect the confidential nature of identifying information.

Establishes a contact veto procedure for persons associated with adoptions finalized after May 20, 1949. Directs the department of human services ("the department"), as part of the procedure, to establish and maintain a contact veto registry through which such persons may register their willingness or unwillingness to be contacted. Specifies who may have their names entered on the contact veto registry by registering a contact veto or a consent to contact and what information the registry shall contain. Requires the department to make public service announcements concerning the existence of the contact veto registry and its services.

Provides for a parent who relinquished parental rights or whose parental rights are terminated to indicate at that time, without cost, whether or not he or she wishes to file a contact veto or give consent for future contact. Establishes a presumption that if such person does not file a veto before the child=s 18th birthday, the person consents to contact. Allows a person to change a previously filed contact veto or consent for contact by means of a signed or notarized writing. Entitles a person who files a valid contact veto to notice of any inquiry requesting contact.

Directs a person seeking access to post­1949 adoption records to file a verified petition with the court identifying whether the persons sought are eligible to refuse or to allow such contact. Upon submission of the verified petition and verification of identification, directs that the court shall grant access to the records, including the adoptee's birth certificate and, if requested by the petitioner, shall appoint a confidential intermediary to conduct a search of the contact veto registry for the persons sought to be contacted, if any. States that access to the birth records may disclose a birth relative's identity regardless of whether a contact veto has been filed.

Prohibits a person seeking access to post­1949 adoption records from contacting or attempting to contact any person eligible to file a contact veto until the confidential intermediary completes a search of the contact veto registry. Makes the violation of this provision a class 3 misdemeanor. Provides that the valid filing of a contact veto shall automatically protect and apply to the person's minor children until such children attain age 18. Where a contact veto has been filed, directs the department to notify the person sought to be contacted to allow that person to confirm, change, or withdraw the contact veto. If confirmed, directs the department to notify the person seeking contact. If consent to contact is given, the department shall notify the requesting person and provide such information as may be available to establish contact.

If the person sought to be contacted can not be located through a search of the contact veto registry, directs the department to conduct a diligent search of the sealed and post­adoption records for information concerning the location of the person. If the person is located, allows such person 90 days to file a contact veto. Allows the person seeking contact to attempt contact with the person sought, without restriction, if, after diligent search, the department is unable to locate the person. However, allows persons one year from the effective date of this act to file a contact veto or consent to contact and restricts a contact during that one­year period, except through a confidential intermediary.

Establishes a cause of action for any person who sought access to post­1949 adoption records and who has filed a contact veto against a person who has contacted, attempted to contact, or has caused to be contacted such person. Provides 3 years for the filing of such a civil action.

When so directed, requires the department, a licensed child placement agency, or a licensed clinical social worker to transmit photographs, videos, or audio communications between the parties, even if no direct contact is permitted or desired. Allows for transmission of updated post­adoption medical, psychological, or psychiatric records. Directs the court to expedite the appointment of a confidential intermediary for such confidential intermediary to expedite search efforts where there is a medical emergency.

Specifies that contact with minors shall be made through the adoptee's parent, guardian, biological parent, or legal relative's parent or the known legal representative of such persons.

Restricts access to any record by the requesting person if, after reviewing the sealed and post­adoption records and after conducting a diligent search and making other reasonable inquiries, the confidential intermediary is unable to verify the requesting person's adoptive status or the legal, biological, or sibling or half­sibling relationships to the person seeking to establish contact with the person sought. Restricts additional searches for a 6­month period. Limits to 2 the number of records searches or contact attempts the confidential intermediary must make, unless the court otherwise determines circumstances warrant. Allows court action to seek the disclosure of adoption records, sealed adoption records, or post­adoption records in certain limited circumstances. Provides that the court must find that the best interests of the adoptee or of the public requires such disclosure and that the petitioning party needs the information for certain specified reasons, including but not limited to treating or preventing a physical, psychological, or psychiatric condition or for establishing legal status or standing for inheritance or property rights determinations. In such circumstances, directs the court to conduct an in camera inspection of such records.

Authorizes the department and the department of public health and environment to consent to the release of any sealed or post­adoption records under certain circumstances.

Makes the knowing provision of false information to the department, a licensed child placement agency, a licensed clinical social worker, or the court a class 1 misdemeanor. Establishes immunity for confidential intermediaries and department personnel for their actions undertaken in the performance of their duties.

Directs the state board of human services to promulgate rules to prescribe certain forms to be used in the contact veto process and to establish fees for confidential intermediary searches, recording disclosures, for transmitting data, and registering requests for contact vetoes. Creates the adoption cash fund.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  19­1­103 (28), Colorado Revised Statutes, is amended, and the said 19­1­103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

(6.5)  "ADOPTION RECORD" MEANS THE FOLLOWING DOCUMENTS AND INFORMATION:

(a)  THE ADOPTEE'S ORIGINAL BIRTH CERTIFICATE AND AMENDED BIRTH CERTIFICATE;

(b)  THE FINAL DECREE OF ADOPTION;

(c)  NONIDENTIFYING INFORMATION, AS DEFINED IN SECTION 19­1­103 (80);

(d)  THE FINAL ORDER OF RELINQUISHMENT;

(e)  THE ORDER OF TERMINATION OF PARENTAL RIGHTS; AND

(f)  THE NEW LEGAL NAME OF THE ADOPTEE.

(28)  "Consent", as used in part 3 of article 5 of this title, means voluntary, informed, written consent. WHEN USED IN THE CONTEXT OF CONFIDENTIAL INTERMEDIARIES, "consent" always shall be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. "CONSENT" MAY ALSO MEAN THE AGREEMENT FOR CONTACT BY THE PARTIES TO THE POST­ADOPTION RECORDS SEARCH PROCEDURES THAT MAY BE REQUIRED IN SECTIONS 19­5­306 TO 19­5­310.

(85.5) (a)  "POST­ADOPTION RECORD" MEANS THE RECORD MAINTAINED SEPARATE AND APART FROM THE SEALED ADOPTION RECORD BY THE DEPARTMENT OF HUMAN SERVICES, A LICENSED CHILD PLACEMENT AGENCY, OR A LICENSED CLINICAL SOCIAL WORKER AND WHICH RECORD CONTAINS INFORMATION ABOUT THE ADOPTEE OR THE LEGAL OR BIOLOGICAL RELATIVE OF THE ADOPTEE SUBSEQUENT TO THE COMPLETION OF AN ADOPTION PROCEEDING. INFORMATION IN THE POST­ADOPTION RECORD IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED BY THE DEPARTMENT OF HUMAN SERVICES, A LICENSED CHILD PLACEMENT AGENCY, A LICENSED CLINICAL SOCIAL WORKER, OR A COURT EXCEPT AS SPECIFICALLY PERMITTED IN PART 3 OF ARTICLE 5 OF THIS TITLE, OR AS MAY BE DEEMED NECESSARY BY THE DEPARTMENT OF HUMAN SERVICES IN PERFORMING ITS DUTIES UNDER PART 3 OF ARTICLE 5 OF THIS TITLE.

(b)  THE POST­ADOPTION RECORD MAY CONTAIN INFORMATION CONCERNING, BUT NOT LIMITED TO:

(I)  THE CONTACT VETO REGISTRY ESTABLISHED BY PART 3 OF ARTICLE 5 OF THIS TITLE;

(II)  THE WRITTEN INQUIRIES FROM PERSONS REQUESTING ACCESS TO RECORDS;

(III)  THE SEARCH EFFORTS OF THE CONFIDENTIAL INTERMEDIARY PURSUANT TO THE REQUIREMENTS OF THE CONTACT VETO PROCESS AS SET FORTH IN SECTION 19­5­306;

(IV)  THE RESPONSE, IF ANY, TO THOSE SEARCH EFFORTS BY THE PERSONS SOUGHT;

(V)  INFORMATION THAT HAS BEEN REQUESTED TO BE TRANSMITTED FROM OR ON BEHALF OF ANY PERSONS ENTITLED TO ACCESS OR ENTITLED TO REQUEST REVIEW OF THE CONTACT VETO REGISTRY PURSUANT TO PART 3 OF ARTICLE 5 OF THIS TITLE;

(VI)  ANY UPDATED MEDICAL INFORMATION GATHERED PURSUANT TO PART 3 OF ARTICLE 5 OF THIS TITLE; AND

(VII)  ANY PERSONAL IDENTIFYING INFORMATION CONCERNING ANY PERSONS SUBJECT TO THE PROVISIONS OF PART 3 OF ARTICLE 5 OF THIS TITLE.

(87.5)  "QUALIFIED TREATMENT PROFESSIONAL", AS USED IN SECTION 19­5­315 (3) AND (6), MEANS A PERSON LICENSED BY ANY STATE OR FEDERAL AUTHORITY OR THE DULY AUTHORIZED LICENSING BODY OF ANY OTHER GOVERNMENT TO PROVIDE TREATMENT FOR PHYSICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITIONS.

(94.7)  "SEALED ADOPTION RECORD" MEANS THE ADOPTION RECORD THAT WAS PREPARED OR COMPILED BY THE CLERK OR JUDGE OF THE COURT IN WHICH THE ADOPTION PETITION WAS FILED, BY THE DEPARTMENT OF HUMAN SERVICES, BY A LICENSED CHILD PLACEMENT AGENCY, OR BY A LICENSED CLINICAL SOCIAL WORKER CONCERNING AN ADOPTEE OR SUBSEQUENT TO THE ENTRY OF AN ORDER OF DISMISSAL OF THE ADOPTION PETITION, OR THAT MAY BE IN ANY STAGE OF PREPARATION FOR TRANSMITTAL TO THE DEPARTMENT OF HUMAN SERVICES, OR THAT HAS BEEN FORWARDED TO THE DEPARTMENT OF HUMAN SERVICES BY A LOCAL DEPARTMENT OF SOCIAL SERVICES, A LICENSED CHILD PLACEMENT AGENCY, OR A LICENSED CLINICAL SOCIAL WORKER, OR THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. "SEALED ADOPTION RECORD" INCLUDES THE LIMITED RECORD MAINTAINED BY THE LICENSED CHILD PLACEMENT AGENCY OR THE LICENSED CLINICAL SOCIAL WORKER AND THE CONTACT VETO REGISTRY INFORMATION THAT IS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES. THE SEALED ADOPTION RECORD SHALL BE OPENED ONLY AS PROVIDED IN PART 3 OF ARTICLE 5 OF THIS TITLE.

SECTION 2.  19­5­301 (1), Colorado Revised Statutes, is amended to read:

19­5­301. Legislative declaration. (1)  The general assembly hereby finds and declares that adult adoptees, adoptive parents, biological parents, and biological siblings, AND HALF­SIBLINGS should have a qualified right of access to any records regarding their or their child's adoption or the adoption of their offspring, or siblings, OR HALF­SIBLINGS and that such a qualified right must coexist with the right of such parties to privacy and confidentiality. The general assembly also finds that an adult adoptee, his THE ADOPTEE'S biological or adoptive parent, or his THE ADOPTEE'S biological sibling OR HALF­SIBLING may desire to obtain information about each other at different points in time. Furthermore, the general assembly finds that confidentiality is essential to the adoption process and that any procedure to access information which THAT relates to an adoption must be designed to maintain confidentiality and to respect the wishes of all involved parties.

SECTION 3.  Part 3 of article 5 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

19­5­305. Access to adoption records. (1)  THE GENERAL ASSEMBLY FINDS THAT ON MAY 20, 1949, THE GENERAL ASSEMBLY AMENDED COLORADO LAW TO PROVIDE THAT ALL ADOPTION RECORDS IN EXISTENCE ON THAT DATE AND THOSE RECORDS THAT CAME INTO EXISTENCE AFTER THAT DATE BECAME SEALED AND THEREBY CONFIDENTIAL. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ALL ADOPTION RECORDS THAT WERE IN EXISTENCE ON MAY 20, 1949, SHALL BE AVAILABLE AS PROVIDED IN THIS SECTION.

(2)  PURSUANT TO THE REQUIREMENTS AND PROCEDURES SET FORTH IN SUBSECTIONS (7) AND (8) OF THIS SECTION, ALL ADOPTION RECORDS RELATING TO ADOPTIONS FINALIZED PRIOR TO MAY 20, 1949, CONCERNING ANY ADOPTEE WHO WAS SUBJECT TO PLACEMENT BY AN AGENCY DESCRIBED IN SUBSECTION (3) OF THIS SECTION, SHALL BE MADE AVAILABLE TO AN ADOPTEE, HIS OR HER PARENTS, HIS OR HER SIBLINGS OR HALF­SIBLINGS, AND ANY LINEAL DESCENDANTS, IF THE ADOPTEE IS DECEASED OR INCAPACITATED, WHO ARE EIGHTEEN YEARS OF AGE OR OLDER OR TO SUCH PERSONS' LEGAL REPRESENTATIVES, SUBJECT TO THE PROVISIONS AND RESTRICTIONS IN SUBSECTION (3) AND SUBSECTIONS (5) TO (9) OF THIS SECTION AND THIS PART 3.

(3)  PURSUANT TO THE REQUIREMENTS AND PROCEDURES SET FORTH IN SUBSECTIONS (7) AND (8) OF THIS SECTION, ADOPTION RECORDS INVOLVING ADOPTIONS FINALIZED ON OR AFTER MAY 20, 1949, SHALL BE AVAILABLE TO AN ADOPTEE, A BIRTH PARENT, OR AN ADOPTIVE PARENT WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND TO THE ADOPTEE'S, BIRTH PARENT'S, OR ADOPTIVE PARENT'S LEGAL REPRESENTATIVE, SUBJECT TO THE PROVISIONS AND RESTRICTIONS IN SUBSECTIONS (4) TO (9) OF THIS SECTION AND THIS PART 3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, ANY IDENTIFYING INFORMATION FROM ANY ADOPTION RECORD SHALL NOT BE RELEASED TO ANY OTHER PERSON BY THE DEPARTMENT OR ANY OTHER INFORMATION SOURCE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE ADOPTEE, THE BIRTH PARENT, AND THE ADOPTIVE PARENT, WHO ARE EIGHTEEN YEARS OF AGE OR OLDER, OR THE ADOPTEE'S, BIRTH PARENT'S, OR ADOPTIVE PARENT'S LEGAL REPRESENTATIVE. NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (4) TO (9) OF THIS SECTION TO THE CONTRARY, THE ADOPTEE, THE BIRTH PARENT, THE ADOPTIVE PARENT, OR SUCH PERSONS' LEGAL REPRESENTATIVES SHALL NOT BE REQUIRED TO TAKE ANY AFFIRMATIVE ACTION PURSUANT TO THE CONTACT VETO PROVISIONS OF THIS PART 3 TO PROTECT THE CONFIDENTIALITY OF ANY IDENTIFYING INFORMATION; EXCEPT THAT NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT ACCESS TO ANY IDENTIFYING INFORMATION IN THE RECORDS OF THE ADOPTEE AS OTHERWISE PERMITTED OR REQUIRED PURSUANT TO THIS PART 3.

(4)  NEITHER THOSE REQUESTING PERSONS WHO ARE SUBJECT TO THE PROVISIONS OF SUBSECTION (3) OF THIS SECTION, NOR ANY AGENT OF ANY OTHER PERSONS ACTING IN CONCERT WITH SUCH REQUESTING PERSONS, OTHER THAN A CONFIDENTIAL INTERMEDIARY, SHALL HAVE CONTACT, WHETHER BY PERSONAL CONTACT, CORRESPONDENCE, OR OTHERWISE WITH ANY PERSON ELIGIBLE TO FILE A CONTACT VETO UNDER THE PROVISIONS OF SECTIONS 19­5­306 TO 19­5­309, EXCEPT AS PERMITTED PURSUANT TO THOSE SECTIONS.

(5)  EXCEPT IN CASES ARISING PURSUANT TO SUBSECTION (2) OF THIS SECTION, ACCESS TO IDENTIFYING INFORMATION IN ANY ADOPTION RECORD SHALL NOT BE GRANTED TO ANY PARENT OR PRE­ADOPTIVE GUARDIAN OF ANY ADOPTEE UNDER THE AGE OF EIGHTEEN YEARS, TO ANY PARENT OR GUARDIAN OF AN ADOPTEE WHOSE RIGHTS WERE INVOLUNTARILY TERMINATED IN ANY TERMINATION OF PARENTAL RIGHTS PROCEEDING PURSUANT TO PART 1 OF THIS ARTICLE, OR TO ANY PERSON WHO THE SEALED ADOPTION RECORDS OR THE POST­ADOPTION RECORDS INDICATE WAS CONVICTED OF A CRIME OF VIOLENCE OR NEGLECT INVOLVING THE ADOPTEE.

(6) (a)  THE ADOPTION RECORDS REQUESTED BY PERSONS DESCRIBED IN SUBSECTION (2) MAY BE REQUESTED BY FILING A VERIFIED PETITION WITH THE COURT.

(b)  THE ADOPTION RECORDS REQUESTED BY THE PERSONS DESCRIBED IN SUBSECTION (3) OF THIS SECTION MAY BE REQUESTED BY FILING A VERIFIED PETITION WITH THE COURT. SUCH PETITION SHALL INCLUDE A STATEMENT THAT THE PETITIONER AGREES THAT HE OR SHE WILL NOT CONTACT OR ATTEMPT TO CONTACT IN ANY MANNER, BY HIMSELF OR HERSELF OR IN CONCERT WITH ANY OTHER PERSON, ANY OF THE PERSONS ELIGIBLE TO FILE A CONTACT VETO PURSUANT TO SECTION 19­5­306, UNTIL A CONFIDENTIAL INTERMEDIARY HAS BEEN APPOINTED BY THE COURT AND HAS COMPLETED THE SEARCH OF THE CONTACT VETO REGISTRY AS PROVIDED IN SECTIONS 19­5­308 AND 19­5­309, AND THAT THE REQUESTING PARTY UNDERSTANDS THE LEGAL CONSEQUENCES OF VIOLATING THE CONTACT VETO. THE VERIFIED PETITION SHALL ALSO CONTAIN A STATEMENT ACKNOWLEDGING THE CONTACT VETO PROCEDURE AND THE LEGAL CONSEQUENCES OF BREACHING A CONTACT VETO.

(7)  ACCESS BY ANY ELIGIBLE PERSON UNDER SUBSECTION (3) OF THIS SECTION TO ANY ADOPTION RECORD MAY ONLY BE HAD UPON ISSUANCE OF A COURT ORDER AUTHORIZING SUCH ACCESS AND AFTER VERIFICATION OF THE IDENTITY OF THE REQUESTING PARTY.

(8) (a)  A PETITION FOR ACCESS TO ADOPTION RECORDS PURSUANT TO THIS SECTION SHALL BE FILED WITH THE DISTRICT COURT, OR THE JUVENILE COURT IN THE CITY AND COUNTY OF DENVER, IN THE COUNTY IN WHICH THE FINAL DECREE OF ADOPTION WAS ENTERED OR IN THE COUNTY OF RESIDENCE OF THE REQUESTING PARTY.

(b)  IN ADDITION TO THE PROVISIONS OF SUBSECTION (6) OF THIS SECTION, THE VERIFIED PETITION SHALL INCLUDE THE FOLLOWING INFORMATION:

(I)  THE NAME, DATE OF BIRTH, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON REQUESTING THE ACCESS;

(II)  INFORMATION, INCLUDING LEGAL DOCUMENTS OR AFFIDAVITS, IF AVAILABLE, THAT ESTABLISHES THE PERSON'S LEGAL RELATIONSHIP TO ANY PERSON UNDER THIS SECTION OR THAT OTHERWISE ESTABLISHES THE PARTY'S RIGHT TO REQUEST ACCESS;

(III)  ANY OTHER INFORMATION THAT MAY ESTABLISH THE IDENTITY OF THE PERSON WITH WHOM CONTACT IS SOUGHT, TO LOCATE RECORDS INVOLVING THE REQUESTING PARTIES OR THE PERSONS WITH WHOM CONTACT IS SOUGHT, AND TO ESTABLISH THE PARTY'S RIGHT TO REQUEST ACCESS;

(IV)   IDENTIFICATION OF ANY PERSON WITH WHOM THE REQUESTING PARTY SEEKS CONTACT; AND

(V)  IN THOSE PETITIONS FILED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (6) OF THIS SECTION, WHETHER THE PERSON SOUGHT IS ELIGIBLE PURSUANT TO SECTION 19­5­306 TO REFUSE OR TO ALLOW CONTACT.

(c)  IF THE INFORMATION SET FORTH IN THE PETITION DOES NOT ESTABLISH THE PARTY'S RIGHT TO HAVE ACCESS TO THE RECORDS, THE COURT SHALL APPOINT A CONFIDENTIAL INTERMEDIARY TO SEARCH THE ADOPTION RECORDS, SEALED ADOPTION RECORDS, AND POST­ADOPTION RECORDS, INCLUDING THOSE OF OTHER ALLEGED SIBLINGS AND HALF­ SIBLINGS IF AVAILABLE, FOR INFORMATION THAT MAY ESTABLISH THE PARTY'S RIGHT TO HAVE SUCH ACCESS.

(9) (a)  UPON THE FILING OF A VERIFIED PETITION AS DESCRIBED IN SUBSECTIONS (6) AND (8) OF THIS SECTION, AND AFTER VERIFICATION OF THE REQUESTING PARTY'S IDENTIFICATION, THE COURT SHALL GRANT ACCESS TO THE REQUESTED ADOPTION RECORDS FOR PERSONS ELIGIBLE UNDER SUBSECTION (2) OR (3) OF THIS SECTION, WHICH RECORDS MAY DISCLOSE A BIRTH RELATIVE'S IDENTITY DESPITE THE FACT THAT SUCH RELATIVE DOES NOT AUTHORIZE CONTACT BY THE REQUESTING PARTY. UPON RECEIPT OF A COPY OF THE COURT'S ORDER AUTHORIZING ACCESS TO CERTAIN RECORDS, THE OFFICE OF THE STATE REGISTRAR OF VITAL STATISTICS IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL GRANT THE PETITIONER ACCESS TO COPIES OF THE ADOPTION RECORDS AS DEFINED IN SECTION 19­1­103 (6.5) WHICH RECORDS MAY IDENTIFY THE BIRTH PARENT OR PARENTS.

(b)  NO PARTY REQUESTING ACCESS TO ADOPTION RECORDS PURSUANT TO PARAGRAPH (b) OF SUBSECTION (6) OF THIS SECTION, WHETHER ACTING ALONE OR IN CONCERT WITH ANY OTHER PERSON, SHALL AT ANY TIME CONTACT OR ATTEMPT CONTACT WITH ANY PERSON WHO IS ELIGIBLE TO FILE A CONTACT VETO UNTIL THE COMPLETION OF THE SEARCH BY THE COURT­APPOINTED CONFIDENTIAL INTERMEDIARY PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTION 19­5­309. VIOLATION OF THIS PROHIBITION SHALL MAKE THE REQUESTING PARTY, HIS OR HER AGENTS, OR ANY PERSON ACTING IN CONCERT WITH THE REQUESTING PARTY SUBJECT TO THE LEGAL SANCTIONS SET FORTH IN SECTION 19­5­310.

19­5­306. Contact veto registry. (1)  THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A CONTACT VETO REGISTRY FOR THE PURPOSE OF REGISTERING THE WILLINGNESS OR UNWILLINGNESS OF THE PERSONS SPECIFIED IN SUBSECTION (2) OF THIS SECTION TO BE CONTACTED BY PARTIES ELIGIBLE TO HAVE ACCESS TO ANY RECORDS COVERED BY THIS PART 3.

(2)  THE FOLLOWING PERSONS MAY HAVE THEIR NAMES ENTERED IN THE CONTACT VETO REGISTRY TO REGISTER A CONTACT VETO OR TO CONSENT TO CONTACT IN RELATION TO AN ADOPTION PETITION WITH RESPECT TO AN ADOPTION FINALIZED ON OR AFTER MAY 20, 1949:

(a)  THE ADOPTEE WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND WHO WAS THE SUBJECT OF THE ADOPTION PETITION;

(b)  A PARENT, GRANDPARENT, SPOUSE, SIBLING, OR HALF­SIBLING OF AN ADOPTEE OR A LINEAL DESCENDANT OF AN ADOPTEE IF THE ADOPTEE IS DECEASED OR INCAPACITATED OR ANY PARENT OF AN ADOPTEE OR A PERSON WHO BELIEVES HE OR SHE IS IN SUCH A STATUS IF SUCH PERSON IS EIGHTEEN YEARS OF AGE OR OLDER;

(c)  THE ADOPTIVE PARENT IF SUCH PERSON IS EIGHTEEN YEARS OF AGE OR OLDER OR THE ADOPTIVE PARENT ON BEHALF OF AN ADOPTEE WHO IS LESS THAN EIGHTEEN YEARS OF AGE; OR

(d)  THE LEGAL REPRESENTATIVE OF ANY PERSON DESCRIBED IN PARAGRAPHS (a) TO (c) OF THIS SUBSECTION (2).

(3)  THE CONTACT VETO REGISTRY SHALL CONTAIN THE FOLLOWING INFORMATION:

(a)  THE NAME OF EACH PERSON WHO HAS DULY FILED A CONTACT VETO OR WHO HAS GIVEN CONSENT FOR FUTURE CONTACT;

(b)  THE ADDRESS AT WHICH ANY PERSONAL, POSTAL, OR TELEPHONE CONTACT SHALL BE MADE BY THE CONFIDENTIAL INTERMEDIARY;

(c)  THE DATE AND PLACE OF BIRTH OF THE PERSON, IF KNOWN;

(d)  THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ANY PARTY REQUESTING CONTACT SO THAT SUCH PARTY CAN BE NOTIFIED IN THE EVENT THAT THE CONTACT VETO IS WITHDRAWN OR CHANGED;

(e)  THE METHOD OF CONTACT, IF ANY, TO WHICH THE FILING PERSON CONSENTS, INCLUDING CONTACT THROUGH A CONFIDENTIAL INTERMEDIARY OR OTHER THIRD PARTY OR PARTIES; AND

(f)  ANY OTHER INFORMATION THAT ELIGIBLE PERSONS= WISH TO RELEASE TO THE OTHER ELIGIBLE PARTIES.

(4)  NO MORE THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ANNUALLY THEREAFTER, THROUGH THE USE OF PUBLIC SERVICE ANNOUNCEMENTS AND OTHER FORMS OF MEDIA COVERAGE AS MAY BE AVAILABLE WITHOUT COST, THE DEPARTMENT SHALL ANNOUNCE TO THE PUBLIC THE EXISTENCE OF THE CONTACT VETO REGISTRY AND ITS SERVICES.

19­5­307. Procedures for filing a contact veto or for giving consent. (1) (a)  ANY PERSON ELIGIBLE TO FILE A CONTACT VETO OR TO GIVE CONSENT FOR FUTURE CONTACT MAY NOTIFY THE DEPARTMENT IN WRITING ON A FORM PRESCRIBED BY THE DEPARTMENT THAT HE OR SHE DOES OR DOES NOT OBJECT TO CONTACT BEING MADE WITH HIM OR HER BY ANY PERSON OR GROUP OF PERSONS WHO IS ELIGIBLE TO ESTABLISH CONTACT, REGARDLESS OF WHETHER SUCH CONTACT IS THROUGH A CONFIDENTIAL INTERMEDIARY.

(b)  A CONTACT VETO SHALL NOT BE EFFECTIVELY FILED OR CONSENT PROPERLY GIVEN UNLESS:

(I)  THE PERSON PROVIDES THE DEPARTMENT WITH PROOF OF HIS OR HER IDENTITY;

(II)  THE PERSON COMPLETES AND FILES WITH THE DEPARTMENT A FORM PRESCRIBED BY THE DEPARTMENT CONTAINING THE RELEVANT INFORMATION DESCRIBED IN SECTION 19­5­306 (3); AND

(III)  THE PERSON PAYS ANY FEES ESTABLISHED BY THE DEPARTMENT.

(2) (a)  AS PART OF A RELINQUISHMENT OR TERMINATION OF PARENTAL RIGHTS OCCURRING ON OR AFTER JULY 1, 1998, AND PURSUANT TO PART 1 OF THIS ARTICLE, A BIOLOGICAL PARENT SHALL INDICATE IN WRITING WHETHER HE OR SHE WISHES TO FILE A CONTACT VETO OR GIVE CONSENT FOR FUTURE CONTACT. THE BIOLOGICAL PARENT SHALL COMPLETE THE INFORMATION REQUIREMENTS FOR REGISTRATION ON THE CONTACT VETO REGISTRY ON A FORM PRESCRIBED BY THE DEPARTMENT CONTAINING THE RELEVANT INFORMATION DESCRIBED IN SECTION 19­5­306 (3). A CONTACT VETO SHALL NOT BE EFFECTIVELY FILED OR CONSENT PROPERLY GIVEN UNLESS THE PERSON WHOSE PARENTAL RIGHTS ARE RELINQUISHED OR TERMINATED COMPLETES SUCH FORM AT THE TIME OF THE RELINQUISHMENT OR TERMINATION OR PROPERLY FILES THE FORM WITH THE DEPARTMENT AT A LATER TIME.

(b)  THE DEPARTMENT SHALL NOT ASSESS A FEE FOR FILING A CONTACT VETO AT THE TIME OF THE RELINQUISHMENT OR TERMINATION OR PRIOR TO OCTOBER 1, 1998.

(c)  IF, FOR ANY REASON, THE PERSON FAILS TO COMPLETE A CONSENT FOR CONTACT OR A CONTACT VETO AT THE TIME OF THE RELINQUISHMENT OR TERMINATION OR, IN ANY EVENT, PRIOR TO OCTOBER 1, 1998, HE OR SHE MAY DO SO AT A LATER TIME AFTER COMPLIANCE WITH ALL PROVISIONS FOR FILING, INCLUDING THE PAYMENT OF ANY FEES ESTABLISHED BY THE DEPARTMENT.

(d)  IF A PERSON WHO IS ELIGIBLE TO FILE A CONTACT VETO PURSUANT TO THIS SUBSECTION (2) FAILS TO DO SO BY THE EIGHTEENTH BIRTHDAY OF THE ADOPTEE, THE PERSON SHALL BE DEEMED TO HAVE CONSENTED TO CONTACT.

(3)  UPON PROOF OF IDENTITY, A PERSON WHO HAS FILED A CONTACT VETO OR WHO HAS GIVEN CONSENT FOR FUTURE CONTACT MAY WITHDRAW OR CHANGE THE VETO OR CONSENT AT ANY TIME BY PROVIDING SUCH CHANGE, IN A SIGNED AND NOTARIZED WRITING, TO THE DEPARTMENT.

(4)  BY FILING A CONTACT VETO THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION, A PERSON IS ENTITLED TO NOTIFICATION OF ANY INQUIRY REQUESTING CONTACT WITH THE FILING PERSON.

19­5­308. Search of contact veto registry ­ restrictions on contact. (1) (a)  IF THE PARTY ELIGIBLE TO REQUEST ACCESS TO ADOPTION RECORDS PURSUANT TO SECTION 19­5­305 (6) (b) STATES IN THE VERIFIED PETITION FILED WITH THE COURT A DESIRE TO CONTACT ANY PERSON WHO IS ELIGIBLE TO FILE A CONTACT VETO, SUCH PARTY SHALL REQUEST THE COURT TO APPOINT A CONFIDENTIAL INTERMEDIARY AND THE COURT SHALL APPOINT A CONFIDENTIAL INTERMEDIARY TO SEARCH THE CONTACT VETO REGISTRY TO DETERMINE WHETHER A CONTACT VETO HAS BEEN FILED OR WHETHER CONSENT HAS BEEN GIVEN FOR FURTHER CONTACT WITH THE PERSON WHO IS SOUGHT.

(b)  THE CONFIDENTIAL INTERMEDIARY SHALL ONLY SEARCH FOR THOSE PERSONS WITH WHOM THE REQUESTING PARTY SEEKS CONTACT.

(2)  IF A PERSON FILES A CONTACT VETO IN CONFORMITY WITH THIS PART 3, THE CONTACT VETO SHALL AUTOMATICALLY PROTECT AND APPLY TO THE PERSON'S MINOR CHILDREN UNTIL SUCH CHILDREN ATTAIN EIGHTEEN YEARS OF AGE.

(3) (a)  IF A CONTACT VETO HAS BEEN FILED, THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THE PERSON WITH WHOM CONTACT HAS BEEN SOUGHT OF THE INQUIRY CONCERNING THE REQUEST FOR CONTACT. SUCH PERSON SHALL HAVE NINETY DAYS TO CONFIRM, CHANGE, OR WITHDRAW THE CONTACT VETO. IF THE PERSON WHO FILED THE CONTACT VETO DOES NOT RESPOND WITHIN NINETY DAYS, THERE SHALL BE A PRESUMPTION THAT SUCH PERSON DOES NOT DESIRE TO BE CONTACTED.

(b)  IF THE CONTACT VETO IS CONFIRMED OR OTHERWISE REMAINS INTACT, THEN THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THE REQUESTING PARTY OF THIS FACT AND THE REQUESTING PARTY SHALL NOT BE PERMITTED ANY CONTACT WITH THE PERSON SOUGHT.

(c)  IF THE CONTACT VETO REMAINS INTACT, THE REQUESTING PARTY MAY PLACE HIS OR HER NAME, ADDRESS, AND TELEPHONE NUMBER IN THE CONTACT VETO REGISTRY TO REQUEST NOTIFICATION FROM THE CONFIDENTIAL INTERMEDIARY SHOULD THE CONTACT VETO BE CHANGED OR WITHDRAWN BY A SIGNED AND NOTARIZED WRITING, OR SUCH PARTY MAY, IN WRITING, PERMIT THE CONFIDENTIAL INTERMEDIARY TO RELEASE THE REQUESTING PARTY'S NAME, ADDRESS, AND TELEPHONE NUMBER TO THE PERSON WHO HAD FILED THE CONTACT VETO AND THAT PERSON, AT HIS OR HER DISCRETION, MAY CONTACT THE REQUESTING PARTY WITHOUT FURTHER INVOLVEMENT OF THE CONFIDENTIAL INTERMEDIARY.

(4)  IF CONSENT FOR CONTACT IS SHOWN FROM THE CONTACT VETO REGISTRY RECORDS OR IS GIVEN BY THE PERSON WITH WHOM CONTACT IS SOUGHT EITHER BY WITHDRAWING OR CHANGING A PRIOR CONTACT VETO, THE CONFIDENTIAL INTERMEDIARY SHALL, IN CONFORMITY WITH THE CONSENT OR THE CHANGED VETO, NOTIFY THE PARTY MAKING THE ORIGINAL REQUEST OF THIS FACT AND SHALL PROVIDE SUCH INFORMATION AS MAY BE AVAILABLE TO ESTABLISH CONTACT.

(5)  IF THE PERSONS WHO ARE THE SUBJECT OF THE SEARCH ARE NOT LOCATED IN THE CONTACT VETO REGISTRY OR COULD NOT BE NOTIFIED AT THE ADDRESS DESIGNATED IN THE CONTACT VETO REGISTRY, THE DEPARTMENT SHALL FOLLOW THE PROCEDURES SPECIFIED IN SECTION 19­5­309.

(6)  A PERSON ENTITLED TO FILE A CONTACT VETO OR A CONSENT TO CONTACT SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT TO FILE SUCH VETO OR CONSENT PRIOR TO BEING SUBJECT TO A DIRECT CONTACT BY A PERSON IN SEARCH. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PART 3 TO THE CONTRARY, PERSONS SEEKING CONTACT WITH SUCH INDIVIDUALS PURSUANT TO THIS SECTION MAY ONLY PURSUE CONTACT THROUGH A CONFIDENTIAL INTERMEDIARY UNTIL JULY 1, 1999. THEREAFTER, CONTACT MAY BE MADE DIRECTLY IF THE CONFIDENTIAL INTERMEDIARY DETERMINES THAT NO CONTACT VETO HAS BEEN FILED.

19­5­309. Search of sealed or post­adoption records ­ opportunity to veto contact. (1)  IF AFTER A SEARCH HAS BEEN MADE OF THE CONTACT VETO REGISTRY AND EITHER NO PERSON WITH WHOM CONTACT WAS REQUESTED WAS LOCATED ON THE CONTACT VETO REGISTRY OR THE PERSON NAMED ON THE CONTACT VETO REGISTRY COULD NOT BE NOTIFIED AT THE ADDRESS DESIGNATED IN THE CONTACT VETO REGISTRY, THE CONFIDENTIAL INTERMEDIARY SHALL SEARCH THE SEALED ADOPTION RECORDS AND THE POST­ADOPTION RECORDS IN THE DEPARTMENT'S POSSESSION FOR INFORMATION CONCERNING THE LOCATION OF THE PERSON WHO IS THE SUBJECT OF THE SEARCH AND SHALL CONDUCT A DILIGENT SEARCH FOR SUCH PERSON.

(2) (a)  UPON LOCATING SUCH PERSON WHOSE RELATIONSHIP TO THE REQUESTING PARTY IS CONFIRMED BY THE PERSON SOUGHT OR WHOSE RELATIONSHIP TO THE REQUESTING PARTY IS OR HAS BEEN CONFIRMED BY OTHER EVIDENCE SATISFACTORY TO THE CONFIDENTIAL INTERMEDIARY, THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THE PERSON SOUGHT OF THE INQUIRY AND OF THE CONFIDENTIAL INTERMEDIARY'S DETERMINATION OF RELATIONSHIP TO THE REQUESTING PARTY.

(b)  A PERSON WHOSE RELATIONSHIP TO THE REQUESTING PARTY IS CONFIRMED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (2), OR THAT PERSON'S LEGAL REPRESENTATIVE, SHALL FILE A CONTACT VETO PURSUANT TO SECTIONS 19­5­306 AND 19­5­307 AND SHALL PAY ANY NECESSARY FEES, WITHIN NINETY DAYS AFTER THE DATE THE CONFIDENTIAL INTERMEDIARY GIVES ORAL OR WRITTEN NOTICE OF THAT TIME PERIOD FOR FILING A CONTACT VETO OR AS OTHERWISE PROVIDED IN SECTION 19­5­308 (6). IF THE CONTACT VETO IS TIMELY AND EFFECTIVELY FILED PURSUANT TO THIS PART 3, THEN THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THE REQUESTING PARTY IN WRITING AND NO CONTACT SHALL BE PERMITTED WITH THE PERSON WITH WHOM CONTACT WAS SOUGHT. IF THE CONTACT VETO IS NOT TIMELY AND EFFECTIVELY FILED, THE DEPARTMENT SHALL NOTIFY THE PARTY REQUESTING THE SEARCH AND THAT PARTY SHALL BE PERMITTED TO ATTEMPT CONTACT WITH THE PERSON WHO WAS SOUGHT. WRITTEN NOTICE SHALL BE EFFECTIVE UPON THE DATE THE NOTICE IS SENT.

(3)  IF THE PERSON WHO IS THE SUBJECT OF THE SEARCH AND WHOSE RELATIONSHIP TO THE REQUESTING PARTY HAS BEEN CONFIRMED BY EVIDENCE SATISFACTORY TO THE CONFIDENTIAL INTERMEDIARY CANNOT BE LOCATED AFTER DILIGENT SEARCH BY THE CONFIDENTIAL INTERMEDIARY, INCLUDING THE SENDING OF NOTICE TO THE LAST KNOWN MAILING ADDRESS OF SUCH PERSON, THE CONFIDENTIAL INTERMEDIARY SHALL INFORM THE PARTY REQUESTING THE SEARCH OF THIS FACT IN WRITING AND THE REQUESTING PARTY SHALL BE UNDER NO FURTHER RESTRICTIONS PURSUANT TO SECTION 19­5­308 AGAINST CONTACT WITH THE PERSON WHO HAS BEEN SOUGHT.

19­5­310. Violation of contact veto ­ misdemeanor ­ injunction and damages ­ attorney fees. (1) (a)  ANY PERSON WHO HAS SOUGHT ACCESS TO ADOPTION RECORDS PURSUANT TO SECTION 19­5­305 (3) AND (6) (b) AND WHO, IN VIOLATION OF THIS PART 3, CONTACTS OR CAUSES TO BE CONTACTED A PERSON WITH WHOM THE CONTACTING PARTY OR PARTY CAUSING THE CONTACT KNOWS HAS FILED A CONTACT VETO HAS BEEN FILED PURSUANT TO THIS PART 3 SHALL BE GUILTY OF A CLASS 3 MISDEMEANOR.

(b)  A CERTIFIED COPY OF THE VERIFIED PETITION THAT WAS FILED PURSUANT TO SECTION 19­5­305 (6) (b) BY THE PARTY AGAINST WHOM THE ACTION IS BROUGHT FOR VIOLATION OF THE CONTACT VETO SHALL BE ADMISSIBLE IN THE ACTION UNDER PARAGRAPH (a) OF THIS SUBSECTION (1) AS CONCLUSIVE EVIDENCE OF THAT PARTY'S KNOWLEDGE OF THE RESTRICTIONS IMPOSED BY A CONTACT VETO OR THE RESTRICTIONS IMPOSED BY SECTION 19­5­305.

(2) (a)  ANY PERSON WHO HAS FILED A CONTACT VETO PURSUANT TO THIS PART 3, OR SUCH PERSON'S LEGAL REPRESENTATIVE, SHALL HAVE A CAUSE OF ACTION IN THE DISTRICT COURT FOR INJUNCTIVE RELIEF AND DAMAGES, INCLUDING BOTH COMPENSATORY AND PUNITIVE DAMAGES, AGAINST THE PARTY WHO HAS SOUGHT ACCESS TO ADOPTION RECORDS PURSUANT TO SECTION 19­5­305 (3) AND (6) (b) AND WHO HAS CONTACTED, ATTEMPTED TO CONTACT, OR CAUSED TO BE CONTACTED SUCH PERSON IN VIOLATION OF THIS PART 3.

(b)  VENUE FOR THE ACTION IDENTIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL BE IN THE COUNTY OF THE RESIDENCE OF THE PLAINTIFF, OR, IF THE PLAINTIFF DOES NOT RESIDE IN COLORADO, IN THE COUNTY WHERE THE ADOPTION PETITION WAS ORIGINALLY FILED OR, IF NO PETITION WAS FILED OR IF ITS VENUE IS UNKNOWN, IN THE DISTRICT COURT IN THE COUNTY WHERE THE PLAINTIFF RESIDES.

(c)  ANY PERSON WHO HAS FILED A CONTACT VETO AND ANY PERSON WITH RESPECT TO WHOM A CONTACT VETO HAS BEEN FILED AND WHO HAS PREVAILED IN AN ACTION UNDER THIS SUBSECTION (2) SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES AND ALL COSTS ASSOCIATED WITH THE PROCEEDING FROM THE OPPOSING PARTY.

(d)  ANY ACTION UNDER THIS SUBSECTION (2) SHALL BE BROUGHT WITHIN THREE YEARS AFTER ANY CONTACT OR ATTEMPTED CONTACT WAS MADE.

19­5­311. Transmission of information between affected parties ­ updating information to establish contacts. (1)  SUBJECT TO WRITTEN DIRECTION AND CONSENT OF THE PERSON FILING THE CONTACT VETO AND THE PARTY REQUESTING THE SEARCH PURSUANT TO THIS PART 3, THE DEPARTMENT, LICENSED CHILD PLACEMENT AGENCY, OR LICENSED CLINICAL SOCIAL WORKER SHALL, IN ANY SITUATION IN WHICH CONTACT HAS BEEN SOUGHT, TRANSMIT BETWEEN THE PARTIES ANY WRITTEN, PHOTOGRAPHIC, VIDEO, OR AUDIO COMMUNICATION, EVEN IF NO DIRECT CONTACT IS PERMITTED OR DESIRED.

(2)  A REQUESTING PARTY OR A PERSON ENTITLED TO FILE A CONTACT VETO MAY PROVIDE TO THE DEPARTMENT, LICENSED CHILD PLACEMENT AGENCY, OR LICENSED CLINICAL SOCIAL WORKER, A WRITTEN UPDATE OF HIS OR HER PERSONAL INFORMATION, ADDRESS, AND TELEPHONE NUMBER IN ORDER TO ALLOW PERIODIC CONTACT BY THE CONFIDENTIAL INTERMEDIARY FOR SUBSEQUENT SEARCH REQUESTS OR FOR OTHER CONTACT BY THE DEPARTMENT, LICENSED CHILD PLACEMENT AGENCY, OR LICENSED CLINICAL SOCIAL WORKER.

19­5­312. Updated medical information ­ searches for persons affected. (1)  THE DEPARTMENT SHALL UPDATE POST­ADOPTION RECORDS WITH ANY MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC INFORMATION PROVIDED BY AN ADOPTEE OR BY ANY BIOLOGICAL OR LEGAL RELATIVE OR SUCH PERSON'S LEGAL REPRESENTATIVE. SUCH INFORMATION SHALL BE PROVIDED IN THE FORM OF A LETTER OR OTHER WRITTEN EVIDENCE FROM A LICENSED HEALTH CARE PROFESSIONAL OR FROM A LICENSED HEALTH CARE FACILITY THAT EXPLAINS THE HEALTH CARE STATUS OF PERSONS WHO MAY BE AFFECTED AND WHY THE TRANSMISSION OF SUCH INFORMATION TO OTHER PERSONS IS NECESSARY.

(2)  UPON RECEIPT OF THE INFORMATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION BY THE DEPARTMENT, THE CONFIDENTIAL INTERMEDIARY SHALL, AT NO CHARGE TO ANY OF THE PERSONS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION, CONDUCT A DILIGENT SEARCH FOR THE PERSON WHO MAY BE AFFECTED AND, IF LOCATED, THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THEM, THEIR PARENTS, IF APPLICABLE, OR THEIR LEGAL REPRESENTATIVES, IF APPLICABLE, OF THE AVAILABILITY OF AND THE NATURE OF THE INFORMATION AND THOSE PERSONS MAY REQUEST THAT THE INFORMATION BE PROVIDED TO THEM. COPIES OF ALL SUCH UPDATED MEDICAL INFORMATION SHALL BE MAINTAINED IN THE POST­ADOPTION RECORD FOR FUTURE USE.

(3)  IF ANY OF THE PERSONS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION SEEK ADDITIONAL OR UPDATED INFORMATION FOR A MEDICALLY­ESTABLISHED NEED AS DETERMINED BY WRITTEN EVIDENCE FROM A LICENSED HEALTH CARE PROFESSIONAL OR A LICENSED HEALTH CARE FACILITY PURSUANT TO THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION, THE CONFIDENTIAL INTERMEDIARY SHALL, AT NO CHARGE, CONTACT THE PERSONS WHO HAVE ACCESS TO OR WHO HAVE OR MAY HAVE KNOWLEDGE OF SUCH INFORMATION AND SHALL REQUEST THE PERSONS SO CONTACTED TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT FOR TRANSMITTAL TO THE TREATING PROFESSIONALS OR HEALTH CARE FACILITY OF THE REQUESTING PARTY. SUCH INFORMATION SHALL BE PROVIDED TO THE DEPARTMENT BY MEANS OF A SPECIFIC RELEASE FOR A STATED PURPOSE AND THE RELEASE SHALL BE TIME­LIMITED.

(4)  IN THOSE CIRCUMSTANCES IN WHICH A MEDICAL EMERGENCY EXISTS, THE COURT SHALL MAKE EVERY EFFORT TO EXPEDITE THE APPOINTMENT OF A CONFIDENTIAL INTERMEDIARY AND SUCH CONFIDENTIAL INTERMEDIARY SHALL MAKE EVERY EFFORT TO EXPEDITE THE SEARCH EFFORTS.

19­5­313. Permission for contact with minors and certain adults. (1)  IF THE PERSON SOUGHT IN A SEARCH REQUEST PURSUANT TO THE PROVISIONS OF THIS PART 3 IS UNDER EIGHTEEN YEARS OF AGE OR IS AN ADULT PERSON WITH A KNOWN LEGAL REPRESENTATIVE, ANY CONTACTS THAT THE CONFIDENTIAL INTERMEDIARY MAY BE REQUIRED TO MAKE SHALL BE WITH THE ADOPTEE'S PARENT OR PARENTS, GUARDIAN, THE MINOR'S BIOLOGICAL PARENT OR LEGAL RELATIVE'S PARENT OR PARENTS, OR THE KNOWN LEGAL REPRESENTATIVE OF SUCH PERSONS.

(2)  ANY DECISION PERMITTING CONTACT WITH THE ADOPTEE OR THE PARENT OR SIBLING OR HALF­SIBLING OR THE ADOPTEE'S LINEAL DESCENDANT, IF THE ADOPTEE IS DECEASED OR INCAPACITATED, BY THE REQUESTING PARTY SHALL BE MADE BY THE MINOR ADOPTEE'S PARENTS, THE MINOR'S BIOLOGICAL PARENT'S OR LEGAL RELATIVE'S PARENTS, OR THE LEGAL REPRESENTATIVE OF THE PERSON SOUGHT.

19­5­314. Inability to verify adoptive status or relationships ­ waiting period to request further searches ­ limitation on searches. (1)  IF, AFTER REVIEWING THE SEALED ADOPTION RECORDS, THE POST­ADOPTION RECORDS, AND ANY OTHER CREDIBLE EVIDENCE, AND AFTER CONDUCTING A DILIGENT SEARCH AND MAKING ANY OTHER REASONABLE INQUIRIES AS TO THE ADOPTIVE STATUS OF A REQUESTING PARTY OR THE RELATIONSHIP OF THE BIOLOGICAL OR LEGAL RELATIVES TO THE ADOPTEE, OR OF THE ADOPTEE TO A BIOLOGICAL OR LEGAL RELATIVE, THE CONFIDENTIAL INTERMEDIARY IS UNABLE TO VERIFY THE REQUESTING PARTY'S ADOPTIVE STATUS OR THE LEGAL, BIOLOGICAL, SIBLING, RELATIONSHIPS OF THE PERSON SEEKING TO ESTABLISH CONTACT WITH THE PERSON SOUGHT OR THE STATUS OF ANY LEGAL REPRESENTATIVES, THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY THE REQUESTING PARTY OF THIS FACT AND THE BASIS FOR THE INABILITY TO VERIFY THE RELATIONSHIP AND SHALL NOT PROVIDE ACCESS TO ANY RECORD TO THE REQUESTING PARTY.

(2)  NO ADDITIONAL SEARCHES SHALL BE REQUIRED TO BE MADE PURSUANT TO THIS PART 3 IN AN EFFORT TO ESTABLISH RELATIONSHIPS, STATUS, OR CONTACT FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THE CONFIDENTIAL INTERMEDIARY'S RESPONSE TO THE REQUESTING PARTY UNLESS SATISFACTORY EVIDENCE IS PRESENTED TO THE COURT IN THE INTERIM TO JUSTIFY ADDITIONAL SEARCHES OR UNLESS, IN THE COURT'S DISCRETION, CIRCUMSTANCES WARRANT SUCH FURTHER ATTEMPTS.

(3)  THE CONFIDENTIAL INTERMEDIARY SHALL NOT ATTEMPT FURTHER CONTACT WITH THE PERSON SOUGHT IF THAT PERSON SPECIFICALLY REQUESTS THAT NO FURTHER CONTACT BE MADE UNLESS THAT PERSON OR HIS OR HER LEGAL REPRESENTATIVE WITHDRAWS SUCH REQUEST IN A SIGNED AND NOTARIZED WRITING; EXCEPT THAT, IF THE PERSON'S RELATIONSHIP TO THE REQUESTING PARTY IS CONFIRMED BY THE PERSON SOUGHT OR BY OTHER EVIDENCE SATISFACTORY TO THE CONFIDENTIAL INTERMEDIARY, THE CONFIDENTIAL INTERMEDIARY SHALL NOTIFY SUCH PERSON OF THE REQUIREMENT FOR FILING A CONTACT VETO PURSUANT TO SECTIONS 19­5­306, 19­5­307, AND 19­5­309 (2) (b) AND THAT FAILURE TO FILE THE CONTACT VETO PURSUANT TO THOSE SECTIONS SHALL PERMIT THE REQUESTING PARTY TO ESTABLISH CONTACT.

(4)  THE COURT SHALL NOT DIRECT THE CONFIDENTIAL INTERMEDIARY TO MAKE MORE THAN TWO RECORD SEARCHES UNLESS, IN THE COURT'S DISCRETION, CIRCUMSTANCES WARRANT FURTHER ATTEMPTS.

19­5­315.  Court orders for the release of information from adoption records. (1) (a)  ANY NECESSARY INFORMATION IN THE FILES OR THE RECORD OF AN ADOPTION PROCEEDING OR IN AN ADOPTION RECORD, SEALED ADOPTION RECORD, OR POST­ADOPTION RECORD MAY BE DISCLOSED PURSUANT TO THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION, TO THE PARTY REQUIRING IT, UPON A VERIFIED PETITION BEFORE THE COURT OF ORIGINAL JURISDICTION OF THE ADOPTION PROCEEDING, OR, WHERE THE ADOPTION PROCEEDING IS NOT YET FILED, IN THE DISTRICT COURT OF THE COUNTY WHERE THE RECORD IS LOCATED, OR IN THE DISTRICT COURT OF THE COUNTY IN WHICH THE PETITIONING PARTY RESIDES.

(b)  THE DEPARTMENT, LICENSED CHILD PLACEMENT AGENCY, OR LICENSED CLINICAL SOCIAL WORKER SHALL, UPON REQUEST OF THE PARTY SEEKING SUCH INFORMATION, DISCLOSE TO THE PETITIONING PARTY THE COURT IN WHICH SUCH PROCEEDING WAS FILED AND THE DOCKET NUMBER, IF KNOWN, OR SHALL DISCLOSE THE COUNTY IN WHICH THE ADOPTION RECORD IS LOCATED.

(2)  THE PETITION SHALL BE SERVED BY FIRST­CLASS MAIL ON THE EXECUTIVE DIRECTOR OF THE DEPARTMENT AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. FAILURE TO OBTAIN SERVICE ON BOTH EXECUTIVE DIRECTORS, OR ANY HEARING HELD PRIOR TO THE EXPIRATION OF THE FIFTEEN­DAY SERVICE PERIOD, SHALL RESULT IN THE ORDER ENTERED IN THE PROCEEDING BEING VOID AND OF NO EFFECT. EACH EXECUTIVE DIRECTOR SHALL BE PERMITTED TO FILE A RESPONSE AND MAY APPEAR THROUGH COUNSEL TO RESPOND IN WRITING OR ORALLY, AND MAY APPEAL ANY RESULTING ORDER.

(3)  THE RECORD OF THE ADOPTION PROCEEDING, THE ADOPTION RECORD, SEALED ADOPTION RECORD, OR POST­ADOPTION RECORD MAY BE OPENED, UNDER ANY CONDITIONS THE COURT DETERMINES NECESSARY, IF THE COURT FINDS, FOR GOOD CAUSE SHOWN, THAT THE BEST INTERESTS OF THE ADOPTEE OR OF THE PUBLIC REQUIRES SUCH DISCLOSURE, AND THAT ONE OR MORE OF THE FOLLOWING REQUIREMENTS HAVE BEEN MET:

(a)  THE PETITIONING PARTY HAS SHOWN THAT THE INFORMATION IS NEEDED FOR PURPOSES OF TREATING OR PREVENTING A MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITION AFFECTING ANY PERSON THAT IS CLEARLY AND SPECIFICALLY DESCRIBED BY TESTIMONY OR AFFIDAVIT OF A QUALIFIED TREATMENT PROFESSIONAL;

(b)  THE PETITIONING PARTY HAS SHOWN THAT THE INFORMATION IS NEEDED FOR PURPOSES OF ESTABLISHING LEGAL STATUS OR STANDING FOR INHERITANCE, FOR PROPERTY RIGHTS DETERMINATIONS, OR FOR THE DETERMINATION OF LEGAL RELATIONSHIPS FOR THIRD PARTIES;

(c)  THE PETITIONING PARTY HAS SHOWN THAT THE INFORMATION IS NECESSARY FOR THE PETITIONING PARTY TO PROSECUTE OR DEFEND AGAINST A LEGAL PROCEEDING AND THAT ALTERNATIVE INFORMATION SOURCES OR OTHER MEANS OF ACCOMPLISHING THIS END ARE NOT AVAILABLE;

(d)  THE PETITIONING PARTY IS ANY PUBLIC AGENCY THAT REQUIRES THE DISCLOSURE OF THE INFORMATION IN SUCH RECORD FOR PURPOSES DIRECTLY RELATED TO ITS AUTHORIZED DUTIES AND THAT SUCH INFORMATION CANNOT BE OBTAINED BY ANY OTHER METHOD OR THAT FURTHER DELAY IN OBTAINING INFORMATION THAT MAY BE CONTAINED IN SUCH RECORD MAY RESULT IN HARM TO THE ADOPTEE, THE ADOPTEE'S BIOLOGICAL PARENTS OR BIOLOGICAL OR LEGAL RELATIVES, OR TO THE PUBLIC;

(e)  THE PETITIONING PARTY IS AN INDIVIDUAL WHO HAS SOUGHT DISCLOSURE UNDER THE PROVISIONS OF SECTIONS 19­5­305 TO 19­5­309 AND SECTIONS 19­5­311 AND 19­5­312 AND CLAIMS THAT HE OR SHE HAS BEEN IMPROPERLY DENIED ACCESS TO THE INFORMATION BY THE DEPARTMENT AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO THE PROVISIONS OF THOSE SECTIONS; OR

(f)  THE PETITIONING PARTY IS AN INDIVIDUAL WHO ALLEGES WRONGFUL DENIAL OF ACCESS PURSUANT TO SECTION 19­5­305 (5) THAT WAS BASED UPON A FINDING OF INVOLUNTARY TERMINATION OF PARENTAL RIGHTS OF THAT INDIVIDUAL OR THAT IS BASED UPON A FINDING THAT THE SEALED ADOPTION RECORD OR POST­ADOPTION RECORD INDICATES THAT THE BIOLOGICAL PARENTS COMMITTED A CRIME OF VIOLENCE OR NEGLECT INVOLVING THE ADOPTEE.

(4)  IN DETERMINING WHETHER TO ORDER DISCLOSURE OF INFORMATION CONTAINED IN THE SEALED ADOPTION RECORD OR THE POST­ADOPTION RECORD, THE COURT SHALL CONDUCT AN IN CAMERA INSPECTION OF THE RECORDS AND SHALL PERMIT DISCLOSURE OF ONLY SUCH INFORMATION AS SHALL BE NECESSARY TO FULFILL THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION.

(5)  THE DEPARTMENT AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY CONSENT TO THE RELEASE OF ANY ADOPTION RECORDS, SEALED ADOPTION RECORDS, OR POST­ADOPTION RECORDS UNDER THIS SECTION BY AN AGREEMENT THAT IS APPROVED BY THE COURT AS AN ORDER OF THE COURT IF ANY OF THE CONDITIONS OF PARAGRAPHS (a) TO (d) OF SUBSECTION (3) OF THIS SECTION HAVE BEEN MET OR IF THE DEPARTMENTS DETERMINE THAT THEY HAVE BEEN IN ERROR IN REFUSING TO RELEASE REQUESTED INFORMATION PURSUANT TO SECTIONS 19­5­305 TO 19­5­309 AND SECTIONS 19­5­311 AND 19­5­312.

(6) (a)  THE COURT MAY, UPON NOTICE TO THE DEPARTMENT PURSUANT TO SUBSECTION (2) OF THIS SECTION, APPOINT A CONFIDENTIAL INTERMEDIARY AND ORDER SUCH CONFIDENTIAL INTERMEDIARY TO ATTEMPT TO ESTABLISH CONTACT WITH ANY PERSON OR ENTITY FOR THE PURPOSE OF OBTAINING ANY UPDATED MEDICAL INFORMATION NECESSARY TO ASSIST IN THE TREATMENT OF THE ADOPTEE OR THE ADOPTEE'S BIOLOGICAL OR LEGAL RELATIVES OR ANY PERSON WHO HAS FILED A MOTION UNDER THIS SECTION.

(b)  IF THE CONFIDENTIAL INTERMEDIARY OBTAINS THE INFORMATION SOUGHT UNDER THIS SUBSECTION (6), IT SHALL REPORT THIS FACT TO THE COURT AND SHALL SEND SUCH INFORMATION DIRECTLY TO THE QUALIFIED TREATMENT PROFESSIONAL WHO IS PROVIDING CARE AND TREATMENT FOR THE PERSON WHO SOUGHT THE INFORMATION, UNLESS THE COURT, FOR GOOD CAUSE ENTERED IN THE RECORD, ORDERS OTHERWISE.

(7) (a)  NO PARTY WHO IS ELIGIBLE TO REQUEST A SEARCH UNDER SECTION 19­5­305 (3) AND (6) (b) RECEIVING INFORMATION PURSUANT TO THIS SECTION SHALL BE PERMITTED CONTACT WITH A PARTY ELIGIBLE TO REGISTER A CONTACT VETO UNDER SECTION 19­5­306 UNLESS THE PROVISIONS OF SECTIONS 19­5­308 AND 19­5­309 HAVE BEEN OR ARE SATISFIED AND CONTACT IS PERMISSIBLE PURSUANT TO THOSE SECTIONS.

(b)  THE CONFIDENTIAL INTERMEDIARY'S RESPONSE TO THE COURT SHALL INFORM THE COURT IF ANY PERSON HAS FILED A CONTACT VETO.

(8)  THE PROVISIONS OF THIS SECTION ARE SUPPLEMENTAL TO THE REMAINDER OF THIS PART 3 PERMITTING ACCESS TO RECORDS BY ELIGIBLE PERSONS AND SHALL NOT BE CONSTRUED TO BE RESTRICTIVE OF THOSE PROVISIONS.

19­5­316. Penalty for providing false information related to information requests. ANY PERSON WHO KNOWINGLY PROVIDES FALSE INFORMATION TO THE DEPARTMENT, A LICENSED CHILD PLACEMENT AGENCY, A LICENSED CLINICAL SOCIAL WORKER, OR THE COURT IN CONNECTION WITH ANY OF THE PROVISIONS OF SECTIONS 19­5­305 TO 19­5­315 OR SECTION 19­5­318, OR THE RULES PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO THIS PART 3 COMMITS A CLASS 1 MISDEMEANOR.

19­5­317. Immunity. (1)  THE ACTIONS OF THE PERSONNEL OF THE DEPARTMENT OR THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR ANY SUCCESSOR DEPARTMENTS, AND ANY CONFIDENTIAL INTERMEDIARY UNDERTAKEN IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO SECTIONS 19­5­305 TO 19­5­315, OR THOSE ACTIONS OF A LICENSED CHILD PLACEMENT AGENCY OR LICENSED CLINICAL SOCIAL WORKER WHEN ACTING PURSUANT TO THE PROVISIONS OF SECTION 19­5­311, WITHIN THE SCOPE OF THEIR AUTHORITY SHALL BE PRESUMED TO BE UNDERTAKEN IN GOOD FAITH AND SUCH PERSONS SHALL THEREBY BE ENTITLED TO ABSOLUTE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED. THE PRESUMPTION OF ABSOLUTE IMMUNITY SHALL ONLY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE THAT THE ACTIONS WERE MALICIOUS OR FOR PERSONAL GAIN.

(2)  THE ABSOLUTE IMMUNITY PROVIDED BY SUBSECTION (1) OF THIS SECTION SHALL EXTEND TO INFORMATION PROVIDED BY THE DEPARTMENTS, THEIR OFFICERS, PERSONNEL, OR AGENTS THAT IS OBTAINED FROM ANOTHER SOURCE AND THAT IS EITHER INCORRECT OR FALSE.

(3)  NO INFORMATION THAT IS RELEASED PURSUANT TO THE PROVISIONS OF THIS PART 3 CONCERNING A BIOLOGICAL OR LEGAL PARENT OR GUARDIAN WHO VOLUNTARILY AGREED TO THE TERMINATION OF PARENTAL RIGHTS AND WHO CONSENTED TO THE ADOPTION OF A CHILD SHALL BE THE BASIS FOR ANY CIVIL SUIT BROUGHT BY THE BIOLOGICAL PARENT OR LEGAL PARENT OR GUARDIAN.

19­5­318. Fees for searches, registration of contact vetoes, and copies ­ adoption fund. (1) (a)  THE STATE BOARD OF HUMAN SERVICES SHALL, BY RULE, ESTABLISH FEES FOR CONDUCTING ANY SEARCH OR RECORD DISCLOSURE BY A CONFIDENTIAL INTERMEDIARY, EXCEPT FOR THOSE PURSUANT TO SECTION 19­5­312, AND FOR TRANSMISSION OF ANY DATA IN CONNECTION WITH SUCH SEARCHES OR FOR REGISTERING REQUESTS FOR CONTACT VETOES. SUCH FEES SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE DUTY OF CONDUCTING SUCH SEARCHES AND TRANSMISSIONS. THE RULES ADDRESSING THE REQUEST FOR A CONTACT VETO SHALL PROVIDE FOR THE WAIVER OF ANY FEES BASED UPON A PERSON'S INABILITY TO PAY.

(b)  ANY FEES RECEIVED BY THE DEPARTMENT PURSUANT TO THE PROVISIONS OF THIS PART 3 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE ADOPTION FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE ADOPTION FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS PART 3. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE ADOPTION FUND FOR PURPOSES OF IMPLEMENTING AND ADMINISTERING THE PROVISIONS OF THIS PART 3. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE ADOPTION FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE ADOPTION FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

(2)  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES TO PRESCRIBE THE FORMS THAT SHALL BE USED BY ALL COLORADO COURTS, AGENCIES, AND PERSONS FOR:

(a)  VOLUNTARY TERMINATION OF PARENTAL RIGHTS;

(b)  DISCLOSURE FORMS REQUIRED PURSUANT TO THIS PART 3;

(c)  CONTACT VETO FORMS AND ANY OTHER SEARCH REQUEST FORMS, ANY RECORDS ACCESS PERMISSION FORMS, INFORMATION OR NOTIFICATION FORMS, OR ANY FEE OR CHARGE WAIVER FORMS; AND

(d)  RELEASES OF INFORMATION.

(3)  THE STATE BOARD OF HUMAN SERVICES AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY PROMULGATE SUCH OTHER RULES AS MAY BE NECESSARY FOR THE IMPLEMENTATION OF THIS PART 3.

SECTION 40  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 50  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.