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Senators debate limits on release of identifying adoption records; amendment offered to allow closed hearings in narrow cases

Utah State Senate · February 3, 2017
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Summary

Senator Weiler offered a technical amendment to second substitute Senate Bill 54 to clarify when adoption hearings or records may be closed; senators questioned whether the bill risks releasing identifying information from historical files without adequate privacy protections.

On Day 12 the Senate considered Amendment 1 to the second substitute Senate Bill 54, a measure addressing access to adoption-related records. Sponsor Senator Weiler described the amendment as a narrow textual change to allow adoption hearings to be closed under specified, appropriate circumstances and said the change was not intended to be substantive.

During floor debate, senators sought clarity about 'non-identifying' versus 'identifying' information in child-placing agency files. Senator Hilliard asked what types of information could be released and whether the bill would permit revealing the birth parent’s name or address. The sponsor pointed to statutory language in the second substitute that defines identifying information (including names, addresses and data that could identify an individual) and emphasized that the substitute restricts disclosure to non-identifying health history unless written authorization is obtained.

Senator Maine and others raised concerns about privacy for birth parents in cases of long-closed adoptions, arguing that promises of confidentiality made decades ago should be honored. The sponsor and other senators said the bill applies only to adult adoptees and includes requirements for written authorization when identifying information might be involved.

The discussion moved to roll-call consideration; senators voiced their positions and the bill proceeded through the legislative vote process.

Next steps: The amendment was offered on the floor; the bill was read three times and moved to roll call for final consideration.