Tenn. Comp. R. & Regs. 0250-07-12-.03 - PROCEDURES FOR PROVISION OF SERVICES
(1) Access to
Records:
(a) Access to adoption records,
sealed records, sealed adoption records, or post adoption records shall be
granted by the Department to an eligible person when such person's identity has
been verified, when such records exist and when the other requirements of this
Chapter are met with regard to completion of sworn statements regarding
restrictions on contact, written consents by adopted persons or the birth
mother who was the victim of rape or incest, notification is given in
accordance with the Advanced Notice Registry, the payment of fees, and all
other necessary requirements.
(b)
If the adoption of the person seeking access was finalized by the entry of an
order of adoption or an order of dismissal, or if the adoption petition
involving the person was filed prior to March 16, 1951, or if the adoption of
the person was otherwise never completed due to the abandonment, as determined
by the Department, prior to March 16, 1951, of any further necessary activity
related to the completion of the adoption, or a surrender of such person was
executed prior to March 16, 1951, and a record exists, services to eligible
persons will be provided under Chapter 0250-7-7(or as such Chapter may be
redesignated), Access to Adoption Records Finalized Prior to 1951 and Access to
Records Maintained by the Tennessee Children's Home Society.
(c) When the record does not establish that
the surrender or termination of parental rights involving the adopted person or
a person for whom adoption records, sealed records, sealed adoption records or
post-adoption records of an adoption or attempted adoption of such person are
maintained occurred, or that the adoption became final or was otherwise never
completed, prior to March 16, 1951, services will be provided under the
provisions of this Chapter.
(d) The
Department will authorize access to such other records held by other
information sources to persons eligible for such information for purposes of
this Chapter.
(e) All requests for
service must be in writing to the Department's Post Adoption Unit.
(2) Requests for access to records
will be processed on a first come, first serve basis in the order of receipt,
unless the Department, in its sole discretion, determines that life threatening
or medically terminal circumstances involving the requesting party warrant
taking a particular request out of order, which reason shall be noted in the
post-adoption record.
(3) No search
for or authorization for access to records shall be processed or copies of
records provided until the fees required by 0250-7-12-.07 have been paid or a
fee waiver determination required by 0250-7-12-.07 has been completed unless
the Department shall determine, in its sole discretion, that access should be
provided prior to payment of the fee or the fee waiver determination because of
a life threatening medical emergency affecting the health, safety, or welfare
of any person(s) or because of a medically terminal circumstance involving the
requesting party.
(4) After the
initial search and response to the requesting party, the Department will not
conduct another search for six (6) months unless, in the Department's sole
determination, satisfactory evidence is provided that warrants further attempts
and processing of a request for access to records. No more that two (2) records
search or contact attempts shall be required to be conducted by the Department,
unless, in the Department's sole discretion, circumstance warrant further
attempts.
(5) The Department will
notify the requesting party of the preliminary findings regarding eligibility
determination and the fee for the opening of the sealed record or the sealed
adoption record to further verify eligibility.
(6) Whenever a determination of the death of
a person is necessary to process records requests pursuant to this Chapter, the
determination shall be made by the presentation of a death certificate, an
obituary from a newspaper which shows the date of publication, by court order,
or by such other reliable demonstration of such event as the Department may
determine, in its sole discretion, is satisfactory evidence of such
event.
Notes
Authority: T.C.A. §§ 36-1-101 et seq., 36-1-131, 36-1-139 through 36-1-141, 37-5-112, 71-1-105(12), Public Chapter 1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054 (1996).
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