La. Admin. Code tit. 67 § V-4505

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-4505 - State Voluntary Registry

A. Eligibility Requirements for Registration. Only persons who meet the following criteria shall be eligible for services of the Department of Health and Human Resources Voluntary Adoption Registry:

1. effective September 6, 1991, adoptees and birth parents may register in the State Voluntary Register when the adoptee reaches 18 years of age;

2. the biological mother of the adopted child;

3. the biological father of the child if:

a. the father has signed a voluntary release for the child's adoption in accordance with R.S. 9:402 and R.S. 9:422.3 et seq.; or

b. the father has legitimated the child as provided by law.

B. Procedures for Registration. Voluntary registration by the adopted person and/or the biological parents of the adopted person shall be by a typewritten affidavit, filed with the Office of Human Development, Division of Evaluation and Services. All affidavits filed must contain certain minimum identifying information as specified by law. Any other information which the applicant feels will be useful in making the match between the adopted person and the biological parent(s) of the person may be added.

C. Fees for Voluntary Registration. The affidavit submitted to Department of Health and Human Resources, Office of Human Development/Division of Evaluation and Services must be accompanied by a check or money order payable to Department of Health and Human Resources, Office of Human Development/Division of Evaluation and Services in the amount of $25. The fee is charged to cover the cost of establishing the file of registrants and other costs to the Office of Human Development in providing this service.

D. Mandatory Counseling Requirement. Within 30 days of registration with the Office of Human Development, the registrant shall be required to participate in not less than one hour of counseling with a board certified social worker or a social worker employed by a licensed adoption agency. The Office of Human Development will provide the names and addresses of participating agencies to provide counseling service in the state of Louisiana. An adopted person or a biological parent who is domiciled outside the state of Louisiana shall obtain counseling from an appropriate agency in his state of domicile. The licensed adoption agency or social worker shall collect the cost of counseling services from persons who are able to pay all or part of the cost of services provided.

E. Matching the Adopted Person and the Biological Parent

1. The Office of Human Development shall regularly monitor registrant affidavits to determine whether or not affidavits have been filed by an adopted person and his biological parent(s). If there appears to be a match between an adopted person and a biological parent, the Office of Human Development shall notify a licensed adoption agency located in or near the parish residence of the adopted person. The agency notified shall delegate a social worker in its employ or a BCSW to contact the registered and matched parties in a careful and confidential manner, and give the information necessary to contact each other.

2. If the Office of Human Development has any doubt that there is a match between the adopted person and biological parent the parties shall be advised to petition the district court having jurisdiction to open the sealed adoption record for verification. The court may appoint an ad hoc curator for this purpose.

F. Time Limit on Registration

1. The registration will remain in effect indefinitely. The registration may be withdrawn by the adoptee or birth parent at any time by a written request.

2. If both birth parents of an adopted person are deceased and if this fact is known by the Office of Human Development or the licensed adoption agency which originally placed the adopted person, this information shall be disclosed to the adopted person.

G. Confidentiality. Notwithstanding the provisions of R.S. 44:1 et seq., documents filed with the Office of Human Development, pursuant to the provisions of this law shall be confidential and not available for inspection; nor shall any information acquired by the Voluntary Registry be disclosed under any sunshine or freedom of information legislation, rules, or practice. No person, group of persons, or entity may file a class action to force the voluntary registry to disclose identifying information.

La. Admin. Code tit. 67, § V-4505

Promulgated by the Department of Health and Human Resources, Office of Human Development/Division of Evaluation Services, LR 9:415 (June 1983), amended by the Department of Social Services, Office of Community Services, LR 18:80 (January 1992), promulgated LR 18:198 (February 1992).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:91(D) and 92(B) as amended and re-enacted by Act 519 of the 1991 Session of the Louisiana Legislature.