5101:2-48-20 Release of identifying and nonidentifying information.

Effective Date: September 1, 2003.

Most current prior effective date: 5/14/98

(A)      The assessor shall inform birth parents who enter into a voluntary surrender agreement that:

(1)      Birth parents will be required to complete the ODHS 1693 JFS 01693, "Ohio Law and Adoption Materials" which will indicate their decision regarding the release of identifying information to the adopted person or adoptive parent. The ODHS 1693 JFS 01693 shall not be signed less than seventy-two hours prior to the date they will execute consent to the adoption.


(2)      Birth parents have the option, at any time or for as many times as they want, to reverse their decision regarding the release of identifying information by contacting the Ohio department of health and requesting a copy of a denial of release form or a copy of an authorization of release form.


(3)      Unless the birth parents have signed the denial of release of information on the ODHS 1693 JFS 01693, identifying information can be released to:

(a)      The adoptive parent when the adopted person is at least age eighteen but under twenty-one years of age and the adoptive parent submits a request to the Ohio department of health; or


(b)      The adopted person when the adopted person is at least age twenty-one and the adopted person submits a request to the Ohio department of health.

(B)      The assessor shall inform the adoptive parent(s) that when:

(1)      The adopted person is at least eighteen years of age but under age twenty-one, the adoptive parent can submit a request to the Ohio department of health to request a copy of the contents of the adoption files which may include identifying information about the birth parents.


(2)      The adopted person is twenty-one years of age or older, the adopted person can submit a request to the Ohio department of health to request a copy of the contents of the adoption files which may include identifying information about the birth parents.


(3)      The adopted person is twenty-one years of age or older, the adopted person can submit a request to the Ohio department of health authorizing the department to assist the adopted person's birth parents or birth siblings in finding the adopted person's name by adoption. The adopted person may alter this decision at any time or for as many times as the adopted person wants by submitting a request to the Ohio department of health.

(C)      The PCSA or PCPA shall provide the birth parent with the address for the Ohio department of health to obtain instructions regarding the filing of authorizations.


(D)      The PCSA or PCPA may provide the following nonidentifying information to the adoptive parent or adopted person without obtaining the consent of the birth parents:

(1)      A birth parent's age at the time the birth parent's child is adopted.


(2)      The medical and genetic history of the birth parents.


(3)      The age, sex, and medical and genetic history of an adopted person's birth siblings and extended family members.


(4)      The heritage and ethnic background, educational level, general physical appearance, religion, occupation, and cause of death of the birth parents, birth siblings and extended family members.


(5)      Any information that may be included on the ODHS 1616 JFS 01616, "Social and Medical History."


(6)      Any information that is not deemed as identifying information as defined in rule 5101:2-1-01 of the Administrative Code.

Effective: 09/01/2003

R.C. 119.032 review dates: 05/01/2003 and 09/01/2008

Certification

Date 07/08/2003

Promulgated Under: 119.03

Statutory Authority: 5153.16, 3107.083

Rule Amplifies: 5153.16, 3107.083

Prior Effective Dates: 1/14/83, 6/1/85 (Emer.), 8/12/85, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98