§ 15-7-2.1. Pre-adoption report on child placed for adoption.
(a) Notwithstanding any other law or regulation, in those cases where a child is placed
for adoption by the department of children, youth and families or a licensed child
placement agency, the agency shall provide a pre-adoption report in writing to the
prospective adoptive parents as early as practicable after the filing of a termination
of parental rights or direct consent adoption petition and before a prospective adoptive
parent agrees to accept the child for purposes of adoption. The pre-adoptive report
shall include the following information that is reasonably available within the records
of the department of children, youth and families or the licensed child placement
agency that is placing a child for adoption:
(1) A current medical, dental, developmental and psychological history of the child, including
an account of the child's prenatal care, medical condition at birth, developmental
milestones; any medical, psychological or psychiatric examination and diagnosis related
to the child; any physical, sexual or emotional abuse or neglect suffered by the child;
any developmental assessment and a record of any immunizations and health care received
while the child was in foster or other care; the child's enrollment and performance
in school and any special educational needs and any adjudications of waywardness and/or
delinquency.
(2) If the child has undergone any genetic testing, and the agency is aware of the results,
those results must be disclosed in the report to the prospective adoptive parents.
(3) If the child has been tested for HIV, and the agency is aware of the results, those
results must be disclosed in the report to the prospective adoptive parents.
(4) The age, race, religion, ethnicity and general physical appearance of biological parents.
(5) The educational levels of biological parents, including any known diagnosed learning
disabilities.
(6) The relationship between biological parents; the age and sex of any other children
born to the biological parents and if a parent is deceased, the cause of and the age
at death.
(7) Nonidentifying medical, substance abuse and mental health histories of the biological
parents and siblings; the medical and mental health histories shall include drugs
and medications taken by the child's biological mother during pregnancy, any known
allergies, hereditary, genetic or metabolic diseases.
(8) The circumstances of any judicial order terminating the parental rights of a parent
for abuse, neglect, abandonment, or other mistreatment of the child.
(9) The length of time the child has been in the care of the agency and the child's placement
history.
(10) Any information necessary to determine the child's eligibility for state or federal
benefits.
(11) No information provided under subsection (a) shall disclose the name, or last known
address of the biological relatives.
(b) A report furnished under this section must be signed and dated by the individual who
prepared the report.
(c) Any report regarding the child, furnished pursuant to subsection (a)(1) of this section
may disclose the identity of providers of professional services to the child.
(d) The agency shall not be liable for the accuracy and completeness and shall be held
harmless for information provided by the biological parents and others that it reasonably
relies on to prepare the preadoption report.
(e) Any of the information listed in subsection (a), in the possession of the department
of children, youth and families that is related to adoption proceedings completed
prior to the effective date of this act [July 8, 2005] shall be supplied to the adoptive
parents or an adoptee under this section, who is 18 years of age or over, upon request.
(f) If information listed in subsection (a) that was not available at the time the preadoption
report was forwarded to the prospective adoptive parents becomes available prior to
the adoption proceeding, the director shall prepare a supplemental written report
detailing said information. If subsequent to the adoption, the biological parent or
sibling contacts the agency for the purpose of sharing information about a genetic
or hereditary illness, disease or condition that may affect the adoptee's health,
the agency shall make reasonable efforts to contact and forward the information in
a manner that does not identify the birth relative, to an adoptee who is 18 or more
years of age or to the adoptive parents of an adoptee who is less than 18 years of
age.
(g) All information and documentation provided in accordance with subsection (a), is confidential
and remains the property of the person/agency making the full disclosure until the
adoption is final. If the prospective adoptive parent refuses or terminates the placement,
all information and documentation provided regarding the child and his/her birth family
shall be returned to the person/agency providing full disclosure. A prospective adoptive
parent shall not disclose any confidential information, except as necessary to make
a placement/adoption decision or to provide to professionals who are treating, assessing
or educating the child.
(h) This section does not apply to a stepparent adoption, or the adoption of a child related
to the petitioner by marriage, blood or adoption.
(i) Any adoptee under this section, who is 18 years of age or over shall be given the
information in subsection (a)(1) upon written request.
(j) Nothing contained herein shall prohibit the voluntary exchange of identifying information
between mutually consenting biological parents and adoptive parents and adoptees,
18 years of age or older.