Reprinted
February 24, 2009
SENATE BILL No. 303
_____
DIGEST OF SB 303
(Updated February 23, 2009 5:23 pm - DI 110)
Citations Affected: IC 31-9; IC 31-19.
Synopsis: Adoption records. Requires a person that is required to
store, maintain, or release certain adoption records or other adoption
information to store and maintain the records or other information for
at least 99 years from the date the adoption is filed, unless the records
or other information are transferred to the state registrar. Specifies that
certain records may be automatically transferred to the state registrar.
Provides that the adoption records or other adoption information may
be stored and maintained in an electronic or other format. Requires the
department of child services to consider a child who is two years of age
or older a hard to place child for determining eligibility for state
adoption subsidies.
Effective: July 1, 2009.
Miller
, Lubbers
, Simpson
January 7, 2009, read first time and referred to Committee on Judiciary.
February 2, 2009, amended, reported favorably _ Do Pass.
February 19, 2009, read second time, call withdrawn.
February 23, 2009, re-read second time, amended, ordered engrossed.
Reprinted
February 24, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 303
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-9-2-89; (09)SB0303.2.1. -->
SECTION 1. IC 31-9-2-89, AS AMENDED BY P.L.138-2007,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 89. (a) "Person", for purposes of
IC 31-19-19 and
the juvenile law, means:
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 44.5 of this chapter, means an
adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who is
at least twenty-one (21) years of age, a corporation, a partnership, a
voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
SOURCE: IC 31-19-19-0.5; (09)SB0303.2.2. -->
SECTION 2. IC 31-19-19-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 0.5. (a) This section does not
apply to a confidential intermediary appointed under IC 31-19-24.
(b) Except as provided in subsection (c) or (d), a person that is
required to store, maintain, or release adoption records or other
adoption information under IC 31-19-12-5, IC 31-19-17,
IC 31-19-18, this chapter, or IC 31-19-20 through IC 31-19-25 shall
store and maintain the adoption records or other adoption
information for at least ninety-nine (99) years after the date the
adoption was filed. Unless otherwise provided by law, the adoption
records or other adoption information may be stored and
maintained in an electronic or other format, including microfiche,
microfilm, or a digital format.
(c) A person who transfers adoption records or other adoption
information to the state registrar or a transferee agency in
accordance with IC 31-19-12-5 is not required to comply with the
storage or maintenance requirements of subsection (b).
(d) A person, including a court, who obtains custody of or
jurisdiction over adoption records or other adoption information
following the dissolution, sale, transfer, closure, relocation, or
death of a person shall transfer the records or other information
to the state registrar or a transferee agency in accordance with
IC 31-19-12-5, unless the person wishes to store and maintain the
records in accordance with subsection (b).
SOURCE: IC 31-19-27-1.5; (09)SB0303.2.3. -->
SECTION 3. IC 31-19-27-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Sec. 1.5. The department shall
consider a child who is two (2) years of age or older a hard to place
child for determining eligibility for state adoption subsidies.