Log from Legislation in 2002 Session

The bill regarding background information passed the house 99-0 but was
not called in the Senate Committee - so the bill is dead.        Representative
Damron has advised he will bring this bill up again in an interim (if one is called) or
the 2003 session. 

9-18-01 Meeting with Rep. Damron - the bill for release of the original birth certificate (obc) is in process of being drafted by the Legislative Research Committee. The bill will be set for the adoptee at the age of 21 to obtain the original birth certificate. -  Complete bill will be posted here when finalized and ready for pre-file.

3-30-02: HB 307 was not called for vote in the Senate Committee -  Representative Damron will sponsor this bill again in the 2003 session (or interim if one is called)  What does this mean
for adoptees?  -  a petition will have to be filed with the circuit court in order to obtain background
information. -  The petition that is also used for search thru the court, can also be used for the background.

3-30-02: HB 233 - was never called by Representative Lindsey of the Judiciary Committee for vote 

3-27-02 Re: HB 307  It appears that Senator Stivers is not going to call the bill for vote -  We are trying to get the Cabinet to write him a letter (our legislation time is running out)  Damron has advised that he will submit this bill again if there is an interim session and if not then in the 2003  session.   This bill passed the House Committee and House Floor  - without a negative vote.
But got stuck in the Judiciary Committee in the Senate.   There are still a few days left in the 2002 session - so let's hope for the best.

3-20-02 -  Re: HB 307 Three request to Senator Stivers - (including one with the Secretary of the Cabinet present that said they did not oppose the bill - and he is not being it up for vote - 

3-14-02  It appears that some members of the Judiciary Committee in the House does not want
to let the bill be heard and voted on in committee (HB # 233) - this may be due to their lack of knowledge in the  civil rights for adoptees, they may be adopted parents and or birth parents,
have handled adoptions such as attorneys. 

1-22-02  House Bill #307 - passed the House with
a vote of 96-0 -  and is on the way to the Senate

1-17-02  House Bill # 307 - passed the House Health and Welfare Committee - 13-0  should be
heard on the House Floor for vote week of 1-21

1-10-02

House Bill # 233 has been filed regarding release of the original birth certificate to adoptees 21 and older: 
Introduced in House on 1-8-02
Assigned to Judiciary Committee on 1-9-02

House Bill # 307  has been  filed for release of non-identifying information without the need of a court order:
Introduced in House on 1-10-02

 1-7-02

Meeting with Rep. Damron and  Attorney Scott Varland  regarding final drafting of the bills for release of the Original Birth Certificate and Release of Non- ID info without court order -  bills being completed and will be filed  in current session.

 10-15-01

Important New Information Regarding Release of Background Info

The State Department for Families and Children has reviewed their procedure of handling information and in their review of policy and procedure the attorney in charge feels that the definition of background information is not clearly stated in the law  - Kentucky Revised Statues and Kentucky Administrative Regulations and therefore after the state releasing background information regarding the birth families - will only release medical information that is in the adoption file (which is hardly ever updated since the time of adoption)  without a court order from the judge. 
The state's concern is that the regulation -- 922 KAR 1:100, Sec. 12(3) --states  that "non-identifying health and background information may be released by
 the Cabinet from a closed adoption record." However, KRS 199.520(4)(a) and  (b), the statute that allows release of the health history of biological  parents to the adult adopted person, does not include any reference to  "background information" .

What exactly is "Background Info"  -  it gives the adoptee information about the birth family - such as - religion, education, occupation, height, weight, hair color, eye color, etc

What does this mean with the change the state is doing for the adoptee to obtain background info?  It is our understanding, that a request has to be submitted to the court of adoption and the circuit judge advice the state that they have rec'd the request for background info.  The request is sent to the state and the state will release this info to the court and the judge will decide what is to be released to the adoptee. 

This is not the same court order that is used in requesting a search from the state, but they can be combined.

Representative Damron has been made aware of this new change and is looking into a bill that will reinstate the way background info has been obtained for years,  prior to the state new procedure. method that will reverse the new way the  state has revised  in their procedure  in the release of the background info that private agencies and the state have been doing for years. 

If you are waiting for your request for background info - (non-id) you will effective immediately only receive medical without a court order.