Maine Revised Statutes Title 22 Sec. 8205 – Collection and disclosure of information about a child’s background
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This section governs the collection and disclosure of information about the child’s background. [PL 1995, c. 391, §3 (RPR).]
1. Information to be collected. The licensed child placing agency shall obtain medical and genetic information on the birth parents and the child. Specifically, the licensed child placing agency shall attempt to obtain:
A. A current medical, psychological and developmental history of the child, including an account of the child’s prenatal care, medical condition at birth, results of newborn screening, any drug or medication taken by the child’s birth mother during pregnancy, any subsequent medical, psychological or psychiatric examination and diagnosis, any physical, sexual or emotional abuse suffered by the child and a record of any immunizations and health care received since birth; and [PL 1995, c. 391, §3 (NEW).]
B. Relevant information concerning the medical, psychological and social history of the birth parents, including any known disease or hereditary disposition to disease, the history of use of drugs and alcohol, the health of the birth mother during her pregnancy and the health of the birth parents at the time of the child’s birth. [PL 1995, c. 391, §3 (NEW).]
[PL 1995, c. 391, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 8205
- child placing agency: means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day. See Maine Revised Statutes Title 22 Sec. 8201
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Disclosure before placement. Prior to the child being placed for the purpose of adoption, the licensed child placing agency shall provide the information described in subsection 1 to the prospective adoptive parents.
[PL 1995, c. 391, §3 (NEW).]
3. Specific reasons for concern. If the licensed child placing agency has specific, articulable reasons to question the truth or accuracy of any of the information obtained, those reasons must be disclosed in writing to the prospective adoptive parents.
[PL 1995, c. 391, §3 (NEW).]
4. Notice that information unavailable. The prospective adoptive parents must be informed in writing if any of the information described in subsection 2 can not be obtained, either because the records are unavailable or because the birth parents are unable or unwilling to consent to its disclosure or to be interviewed.
[PL 1995, c. 391, §3 (NEW).]
5. Request for additional information. If, after a child is placed for adoption and either before or after the adoption is final, the child suffers a serious medical or mental illness for which the specific medical, psychological or social history of the birth parents or the child may be useful in diagnosing or treating such illness, the prospective adoptive or adoptive parents may request the child placing agency to attempt to obtain additional information. The child placing agency shall attempt to obtain the information promptly and shall disclose any information collected to the prospective adoptive or adoptive parents as soon as reasonably possible. The licensed child placing agency may charge a fee to the prospective adoptive or adoptive parents to cover the cost of obtaining and providing the additional information. Fees collected by the department must be dedicated to defray the costs of obtaining and providing the additional information. Fees may be reduced or waived for low-income prospective adoptive or adoptive parents.
[PL 1995, c. 391, §3 (NEW).]
6. International adoptions. If the child to be placed for adoption is from a foreign country that has jurisdiction over the child and the prospective adoptive parents are United States citizens, compliance with federal and international adoption laws is deemed to be compliance with this section.
[PL 1995, c. 391, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 630, §5 (NEW). PL 1995, c. 391, §3 (RPR).