(Formerly Sec. 45-68l) - Obtaining consent of person whose identity is requested. Petition to court.

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(a) If a request is received pursuant to section 45a-751, the child-placing agency or department that has agreed to attempt to locate the person or persons whose identity is being requested or the child-placing agency or department that furnished a report ordered by the court following a petition shall not be required to expend more than ten hours' time within sixty days of receipt of the request unless the child-placing agency or department notifies the authorized applicant of a delay and states the reason for the delay. The child-placing agency or department may charge the applicant reasonable compensation and be reimbursed for expenses in locating any person whose identity is being requested. The obtaining of such consent shall be accomplished in a manner that will protect the confidentiality of the communication and shall be done without disclosing the identity of the applicant. For the purposes of this section any records at the Probate Court or the Superior Court shall be available to an authorized representative of the child-placing agency or department to which the request has been made.

(b) If the child-placing agency or department is out-of-state and unwilling to expend time for such purpose, the Probate Court or Superior Court that finalized the adoption or terminated parental rights shall upon petition appoint a licensed or approved child-placing agency or the department to complete the requirements of this section.

(c) If the relative whose identity is requested cannot be located or appears to be incompetent but has not been legally so declared, the Probate Court or the Superior Court shall appoint a guardian ad litem under the provisions of section 45a-132, at the expense of the person making the request. The guardian ad litem shall decide whether to give consent on behalf of the relative whose identity is being requested.

(d) If the relative whose identity has been requested has been declared legally incapable or incompetent by a court of competent jurisdiction, then the legal representative of such person may consent to the release of such information.

(e) Such guardian ad litem or legal representative shall give such consent unless after investigation he or she concludes that it would not be in the best interest of the adult person to be identified for such consent to be given. Except as provided in section 45a-751c, if release of the information requires the consent of such guardian ad litem or legal representative, or if the person whose identity is sought is deceased, only the following information may be released: (1) All names by which the person whose identity is being sought has been known, and all known addresses; (2) the date and place of such person's birth; (3) all places where such person was employed; (4) such person's Social Security number; (5) the names of educational institutions such person attended; and (6) any other information that may assist in the search of a person who cannot be located.

(P.A. 77-246, S. 16; P.A. 80-476, S. 168; P.A. 81-472, S. 148, 159; P.A. 87-555, S. 11; P.A. 95-179, S. 5; P.A. 96-130, S. 33; P.A. 14-133, S. 11.)

History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted superior court for juvenile court where appearing; P.A. 81-472 made technical changes; P.A. 87-555 deleted former provisions and inserted new provisions re duties of agency or department re location of any parent, guardian or blood or adoptive relative whose consent is required by Sec. 45-68j and consent by incompetent or incapable person; Sec. 45-68l transferred to Sec. 45a-753 in 1991; P.A. 95-179 changed “person making the request” to “applicant” and “parent, guardian or blood or adoptive relative” to “person whose identity is being requested”; P.A. 96-130 added Subsec. (f) re petition to court, report and hearing and made technical changes to Subsecs. (a) to (e), inclusive; P.A. 14-133 amended Subsec. (a) by deleting reference to Subsec. (f), amended Subsec. (b) by deleting reference to superior court which terminated parental rights, amended Subsec. (e) by adding provision re exception as provided in Sec. 45a-751c, deleted former Subsec. (f) re petition for access to information, and made technical changes, effective July 1, 2015.


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