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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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are added to reflect that a local department may be unable to compile all of
the information or contact a parent after an adoption.
Also in subsection (b) of this section, the newly defined term "local
department" is substituted for the former reference to a "person authorized
to place a minor child for adoption", for brevity and consistency with the
revised scope of this subtitle.
In subsection (d) of this section, the defined term "identifying information"
is substituted for the former, limited reference to "identity".
Also in subsection (d) of this section, the former word "natural" is omitted,
to reflect that the parental rights of a nonbiological - i.e., adoptive-parent
can be terminated in the same manner as a biological parent's can and
identifying information about such parent should be protected as well.
Defined terms: "Adoptive parent" § 5-101
"Identifying information" § 5-301
"Local department" § 1-101
"Parent" § 5-301
5-357. COURT AND DEPARTMENT RECORDS.
(A) ACCESS.
(1) (I) ON REQUEST OF AN ADOPTEE OR ADOPTIVE OR FORMER
PARENT OF AN ADOPTEE AND WITHOUT A SHOWING OF A NEED, A LOCAL
DEPARTMENT SHALL PROVIDE INFORMATION, OTHER THAN IDENTIFYING
INFORMATION, IN ITS ADOPTION RECORD ON THE ADOPTEE.
(II) IF A LOCAL DEPARTMENT DENIES A REQUEST UNDER THIS
PARAGRAPH, THEN ON PETITION OF AN ADOPTEE OR ADOPTIVE OR FORMER PARENT
AND WITHOUT A SHOWING OF NEED, A JUVENILE COURT SHALL ORDER ACCESS FOR
THE PETITIONER TO INSPECT, IN ACCORDANCE WITH SUBSECTION (B) OF THIS
SECTION, THE LOCAL DEPARTMENT'S RECORD ON THE ADOPTEE.
(2) ON PETITION OF AN ADOPTEE OR ADOPTIVE OR FORMER PARENT OF
AN ADOPTEE AND WITHOUT A SHOWING OF NEED, A JUVENILE COURT SHALL ORDER
ACCESS FOR THE PETITIONER TO INSPECT, IN ACCORDANCE WITH SUBSECTION (B)
OF THIS SECTION, THE JUVENILE COURT'S RECORD ON THE ADOPTEE.
(B) PROTECTION OF IDENTIFYING INFORMATION.
A JUVENILE COURT MAY NOT ORDER OPENED FOR INSPECTION UNDER THIS
SECTION ANY PART OF A RECORD THAT CONTAINS IDENTIFYING INFORMATION.
COMMITTEE NOTE: This section is derived from former FL § 5-329(a) and
(b).
In subsection (a)(1) and (2) of this section, the references to an "adoptive or
former parent" are substituted for the former references to a "birth
- 2663 -
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