Tenn. Comp. R. & Regs. 0250-07-12-.08

Current through September 10, 2024
Section 0250-07-12-.08 - APPENDIX - FORMS
(1) Sworn statement for access to adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained:

[READ CAREFULLY. COMPLETING THIS DOCUMENT INDICATES YOU UNDERSTAND THE LEGAL PENALTIES IF YOU VIOLATE THE TERMS OF THIS DOCUMENT]

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(2) Contact Veto Registry Application - Birth Relative:

TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES CONTACT VETO REGISTRY

INTRODUCTION

I understand that contact with me may be requested by certain classes of eligible persons who, as may be permitted by law, may have access to the sealed records, adoption records, sealed adoption records or post adoption records and those records in any other information source.

An adopted person twenty-one (21) years of age or older, or his or her legal representative, is eligible to request access to these records.

With the written permission by the adopted person to the Department of Children's Services, the adopted person's birth or adopted parents or step-parents, the birth or adopted siblings of the adopted person, lineal ancestors or lineal descendants twenty-one (21) years of age or older, of the adopted person or their legal representative may also obtain access to those records.

The class of eligible persons may be revised periodically by changes to the law.

I understand that no contact, whether by personal contact, correspondence or otherwise shall be made in any manner whatsoever by those requesting persons or any agent or other person acting in concert with those requesting persons, with any person eligible to file a contact veto except as permitted by law. The adoption record, sealed record, sealed adoption record or post-adoption record requested by eligible persons shall be made available to the requesting party only after completion by the requesting party of a sworn statement agreeing that he or she shall not contact or attempt to contact, in any manner, by themselves or in concert with any other persons or entities, any of the persons eligible to file a contact veto until the Department has completed a search of the Contact Veto Registry to determine the willingness of the person sought to have contact with the requesting party. [I understand that no contact may be made through any information contained in the records which I receive. (T.C.A. § § 36-1-127(f), 36-1-130 and § 36-1-131)] I also understand that should I be contacted after filing a contact veto, I shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, and attorneys fees against any person who has contacted, attempted to contact, or caused me to be contacted [T.C.A. § 36-1-132].

Any person who, after obtaining information from the records, uses such information to cause injury to the person whose name was obtained under this part, commits a Class A misdemeanor [T.C.A. § 36-1-132]. Further, any person who has been injured pursuant to this subsection shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, against any person who uses the information in violation of this subsection.

I understand that contact with me by an eligible person is governed by filing my intentions with the Contact Veto Registry.

I understand there is a fee for filing with the Contact Veto Registry. I understand that should there be a request for contact with me and I have vetoed contact with any eligible person, I will be contacted and informed by the Department of Children's Services to determine my desires for contact at that time and will be given the opportunity to vary or modify my request. [If, however, I cannot be located or do not submit a modification or withdrawal to the contact veto I have previously filed, I understand that my contact veto remains in effect.[T.C.A. § 36-1-130(b)(1)].

I understand that I may vary this contact veto by indicating my desires for contact, if any, with the eligible persons and the means of contact I wish to have with particular eligible persons. [T.C.A. § 36-1-111(k)(3)(b); § 36-1-127-36-1-131]. In doing so, I understand I must write to the address below and request the necessary forms to complete and file with the Contact Veto Registry and pay any necessary fees:

CONTACT VETO REGISTRY

POST ADOPTION SERVICES

TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES

8th FLOOR

436 6TH AVENUE NORTH

NASHVILLE, TENNESSEE 37243-1290

CONTACT VETO REGISTRY APPLICATION BIRTH RELATIVE

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TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES CONTACT VETO REGISTRY

INTRODUCTION

I understand that contact with me may be requested by certain classes of eligible persons who, as may be permitted by law, may have access to the sealed records, adoption records, sealed adoption records or post adoption records and those records in any other information source.

An adopted person twenty-one (21) years of age or older, or his or her legal representative, is eligible to request access to these records.

With the written permission by the adopted person to the Department of Children's Services, the adopted person's birth or adopted parents or step-parents, the birth or adopted siblings of the adopted person, lineal ancestors or lineal descendants twenty-one (21) years of age or older, of the adopted person or their legal representative may also obtain access to those records.

The class of eligible persons may be revised periodically by changes to the law.

I understand that no contact, whether by personal contact, correspondence or otherwise shall be made in any manner whatsoever by those requesting persons or any agent or other person acting in concert with those requesting persons, with any person eligible to file a contact veto except as permitted by law. The adoption record, sealed record, sealed adoption record or post-adoption record requested by eligible persons shall be made available to the requesting party only after completion by the requesting party of a sworn statement agreeing that he or she shall not contact or attempt to contact, in any manner, by themselves or in concert with any other persons or entities, any of the persons eligible to file a contact veto until the Department has completed a search of the Contact Veto Registry to determine the willingness of the person sought to have contact with the requesting party. [I understand that no contact may be made through any information contained in the records which I receive. (T.C.A. § § 36-1-127(f), 36-1-130 and § 36-1-131)] I also understand that should I be contacted after filing a contact veto, I shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, and attorneys fees against any person who has contacted, attempted to contact, or caused me to be contacted [T.C.A. § 36-1-132].

Any person who, after obtaining information from the records, uses such information to cause injury to the person whose name was obtained under this part, commits a Class A misdemeanor [T.C.A. § 36-1-132]. Further, any person who has been injured pursuant to this subsection shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, against any person who uses the information in violation of this subsection.

I understand that contact with me by an eligible person is governed by filing my intentions with the Contact Veto Registry.

I understand there is a fee for filing with the Contact Veto Registry. I understand that should there be a request for contact with me and I have vetoed contact with any eligible person, I will be contacted and informed by the Department of Children's Services to determine my desires for contact at that time and will be given the opportunity to vary or modify my request. [If, however, I cannot be located or do not submit a modification or withdrawal to the contact veto I have previously filed, I understand that my contact veto remains in effect.[T.C.A. § 36-1-130(b)(1)].

I understand that I may vary this contact veto by indicating my desires for contact, if any, with the eligible persons and the means of contact I wish to have with particular eligible persons. [T.C.A. § 36-1-111(k)(3)(b); § 36-1-127-36-1-131]. In doing so, I understand I must write to the address below and request the necessary forms to complete and file with the Contact Veto Registry and pay any necessary fees:

CONTACT VETO REGISTRY

POST ADOPTION SERVICES

TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES

8th FLOOR, CORDELL HULL BUILDING

436 6TH AVENUE NORTH

NASHVILLE, TENNESSEE 37243-1290

CONTACT VETO REGISTRY APPLICATION ADOPTIVE RELATIVE

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Tenn. Comp. R. & Regs. 0250-07-12-.08

Original rule filed October 26, 2001; effective January 9, 2002.

Authority: T.C.A. § 36-1-101 et seq., Public Chapter 1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054 (1996).