OLR Bill Analysis

sHB 5455

AN ACT CONCERNING PARENTAL INFORMATION PROVIDED TO AN ADULT CHILD AFTER PARENTAL RIGHTS ARE TERMINATED.

SUMMARY:

Currently, an adopted or adoptable adult, or if he or she is deceased, any adult descendants, cannot get personally-identifying information about that person's biological parents unless both biological parents consent to the disclosure. Under the bill, beginning on October 1, 2009, the Department of Children and Families (DCF) can disclose personally identifying information about a parent based on that parent's consent. DCF must try to find the other parent to get his or her written consent. If that parent cannot be located or withholds consent, DCF may disclose personally-identifying information about the consenting parent but

1. personally identifying information about the other parent cannot be disclosed without his or her consent and

2. the consenting parent must sign an affidavit swearing that he or she will not disclose any personally-identifying information about the other parent without that parent's written consent.

Under the bill, a parent who knowingly discloses information about a biological parent who has not consented to disclosure (1) is subject to a civil penalty of up to $ 1,000 assessed by the DCF commissioner and (2) can be sued by the non-consenting parent for civil damages.

The bill applies to situations where the parents' rights were terminated on or September 30, 1995.

EFFECTIVE DATE: October 1, 2009

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

28

Nay

10

(04/03/2009)