Section 181.32 - Maintenance of Out-of-Business Child-Placing Agency Records and Health, Social, Educational and Genetic History Reports(a) At or prior to the time a child-placing agency ceases to function as a child-placing agency, it shall notify the Texas Department of State Health Services-Vital Statistics Unit, where its adoption records shall be kept for permanent safekeeping.(b) The Vital Statistics Unit maintains many records of closed adoption agencies and is one entity a child-placing agency may designate to preserve its adoption records. An agency may also designate another Texas licensed child-placing agency to preserve its records.(c) If a child-placing agency designates the Vital Statistics Unit to house its records, the agency shall assume the responsibility of shipping the records to a designation specified by the Vital Statistics Unit. The agency must ensure that the records are free from insects and rodents, and mildew-free and dry. The records shall be shipped in sturdy cardboard boxes (no larger than 12 inches x 15 inches) via an insured carrier. (1) Each record series shall be alphabetized by the birth mother's maiden name or the birth mother's name at the time of relinquishment. The adoptive parents' file and the child's file shall be placed behind the birth mother's file. Each file shall include the birth mother's name as a cross-reference. Staples, paper clips and brackets shall be removed.(2) The agency must provide two index cards for each adoption file, one that cross-references the birth mother's name with the adoptive parents' and adoptee's name, and one cross-referencing the adoptive parents' names with the birth mother's and adoptee's name. Each card must include the date of birth of each child and the child's adoptive name. The information may also be provided electronically in a format compatible or acceptable to the Vital Statistics Unit's standards.(d) If the child-placing agency designates the Vital Statistics Unit to maintain and preserve its records, a redacted or de-identified copy of the birth and/or adoption record shall be prepared by the Vital Statistics Unit for a qualified requestor under the Texas Family Code, § 162.018, Access to Information. Charges for copies shall be as allowed by the Open Records Act, Government Code, Chapter 552.(e) If a birth relative provides post-adoption medical or social information to the Vital Statistics Unit and the Vital Statistics Unit houses the records of the closed child-placing agency, the Vital Statistics Unit may place the information with the original child-placing agency's file. If a birth relative provides post-adoption medical or social information to the Vital Statistics Unit, the adoption occurred outside of a licensed child-placing agency, and the Vital Statistics Unit readily identifies the sealed adoption file, the Vital Statistics Unit shall place the updated information in the Health, Social, Education and Genetic History record series in the date received and cross-referenced in the Vital Statistics Unit's database. (1) The Vital Statistics Unit shall make a diligent effort to locate the last known address of the adoptive parents and attempt to inform them of their right to examine the redacted or de-identified portion of the record.(2) Upon request of a qualified requestor under Texas Family Code, § 162.006, Right to Examine Records, the information will be prepared and redacted or de-identified for release to that person.(f) If a child is biologically unrelated to the prospective adoptive parents and placed outside of a licensed child-placing agency, the adopting attorney shall provide to the Vital Statistics Unit a copy of the Health, Social, Education and Genetic History report (HSEGH) as prescribed by the Family Code. Within a reasonable amount to time, the Vital Statistics Unit shall provide a certificate to the adopting attorney acknowledging receipt of the report.(g) International adoptions. If a child born in a foreign country is placed with prospective adoptive parent(s) who reside in this state and the child is being adopted in this state, the adopting attorney shall file a HSEGH with the Vital Statistics Unit along with all foreign documents relating to the child's history prior to being placed for adoption, along with each document's English translation. If no information is available about the child prior to placement with its prospective adoptive parent(s), the adopting parents may state that no other information except for the aforementioned documents is available concerning the child's background.(h) The HSEGH report as described in subsections (e)-(g) of this section shall be legible and ready for microfilming or scanning.25 Tex. Admin. Code § 181.32
The provisions of this §181.32 adopted to be effective March 4, 1999, 24 TexReg 1618; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective July 22, 2004, 29 TexReg 6936; amended to be effective August 11, 2013, 38 TexReg 4896