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

Tenn. Comp. R. & Regs. 0250-07-12-.03

Original rule filed August 12, 1992; effective November 12, 1992. Rule 0250-7-12-.03 has been assigned a new control number, removed, and renumbered from Chapter 1240-7-6-.03 filed and effective April 2, 2001. Amendment filed October 26, 2001; effective January 9, 2002.

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).