§ 1112 — Confidential nature of records

Delaware § 1112

• Jurisdiction: Delaware
• Title: 13
• Ch. 11: TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS

Text

(a) (1) Each court record and docket relating to a proceeding under this chapter is confidential.

(2) The Clerk of the Court shall keep in a sealed container each court record and docket relating to a proceeding under this chapter.

(3) A court record or docket relating to a proceeding under this chapter may be opened only by an order of a judge of the Court.

(b) Nothing in this section may be construed to restrict DSCYF or a licensed agency from releasing nonidentifying information in its records to a party to a termination proceeding under this chapter.

(c) DSCYF or a licensed agency may not release identifying information, such as a name or address, except under at least 1 of the following circumstances:

(1) By court order.

(2) Under § 929 of this title.

(3) Under subchapter III of Chapter 9 of this title.

(d) (1) An adopted individual may file a petition if the adopted individual’s health or the health of the adopted individual’s blood relative is of concern and the agency refuses to release needed health information to the adopted individual.

(2) A court order may permit an adopted individual to inspect only that part of the Court’s or an agency’s record containing needed health information if the Court finds that the adopted individual’s health information is both of the following:

a. Contained in the Court’s or agency record.

b. Needed for the health of the adopted individual or the health of the adopted individual’s blood relative.

(3) This section applies to information relating to the identification or location of the adopted individual’s biological sibling if the health of the adopted individual or the adopted individual’s blood relative depends on the biological sibling’s participation in a medical treatment.

(e) (1) A person that wishes to inspect the papers filed in connection with a proceeding under this chapter may petition the Court or the court of original jurisdiction stating the reason for the inspection.

(2) The Court may refer a petition under this section to DSCYF or a licensed agency for investigation and report.

(3) The Court shall issue an order permitting the release of the information requested and establishing the terms under which the information may be released if the Court finds all of the following:

a. Release of the information is necessary.

b. Release of the information will not prejudice the interests of the adopted individual, biological parent, or adoptive parent.

Legislative History

13 Del. C. 1953, § 1111; 50 Del. Laws, c. 17, § 1 ; 57 Del. Laws, c. 402, § 2 ; 62 Del. Laws, c. 402, §§ 3, 4 ; 62 Del. Laws, c. 420, § 10 ; 64 Del. Laws, c. 108, §§ 4, 10 ; 64 Del. Laws, c. 387, § 2 ; 68 Del. Laws, c. 276, § 1 ; 69 Del. Laws, c. 433, §§ 6, 7 ; 83 Del. Laws, c. 226, § 15