In this subtitle the following words have the meanings indicated. “Administration” means the Social Services Administration of the Department. “Confidential intermediary” means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle. “Director” means the Director of the Administration. “Member of the adoptive family” means an adoptive parent, grandparent, brother, or sister of an adopted individual. Except as provided in paragraph (2) of this subsection, “relative” means a parent, brother, sister, child, aunt, or uncle of a biological parent. In the case of a minor in out–of–home placement who was adopted through a local department, “relative” means an individual at least 21 years old who is related to the minor by blood or marriage within five degrees of consanguinity or affinity under the civil law rule. “Search, contact, and reunion services” means services: to locate adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, and, as provided in § 5–4B–11 of this subtitle, relatives and members of the adoptive family; to assess the mutual desire for communication or disclosure of information: between adopted individuals and biological parents of adopted individuals; between adopted individuals and siblings of adopted individuals; and as provided in § 5–4B–11 of this subtitle, between: adopted individuals and relatives; and biological parents and members of the adoptive family; to provide, or provide referral to, counseling for adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, relatives, and members of the adoptive family; if siblings of a minor in out–of–home placement were adopted through a local department, to contact the siblings to develop a placement resource or facilitate a family connection with the siblings of the minor; and if a minor in out–of–home placement was adopted through a local department and a local department has determined that reunification with the minor’s adoptive parents is not in the minor’s best interests, to contact relatives of the minor to develop a placement resource or facilitate a family connection with the relatives. “Sibling” means a brother or sister of the whole or half blood who: is at least 21 years old; and has been adopted.

An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services. If an adopted individual is at least 21 years old, the following individuals may apply to the Director to receive search, contact, and reunion services: a biological parent of the adopted individual; a sibling of the adopted individual; and a director of a local department acting on behalf of a minor in out–of–home placement. A director of a local department or a local department director’s designee may apply to the Director to receive search, contact, and reunion services to develop a placement resource or facilitate a family connection with relatives of a minor in out–of–home placement who was adopted through a local department if the local department has determined that reunification with the minor’s adoptive parents is not in the minor’s best interests. An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director. The Director may establish a reasonable fee for the application for search, contact, and reunion services. The overall amount of fees collected may not exceed the costs of processing the applications. A parent who has had his or her parental rights terminated under Subtitle 3 of this title may not apply to receive search, contact, and reunion services under this subtitle.

The Director shall maintain a list of confidential intermediaries. To qualify to be a confidential intermediary, an applicant shall meet the requirements of subsection (d) of this section. If the applicant is a child placement agency, the agency shall appoint an employee of the agency as the representative member to make the application on behalf of the agency. If the applicant is an individual, the applicant shall: have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and meet any other qualifications that the Director establishes for confidential intermediaries. If the applicant is a child placement agency, each employee who will provide search, contact, and reunion services under this subtitle shall: have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and meet any other qualifications that the Director establishes for confidential intermediaries. The Director may establish a reasonable fee for an application under this section. The overall amount of fees collected may not exceed the costs of processing the applications.

Except as provided in subsection (b) of this section, the Director shall provide the list of confidential intermediaries to an individual who applies for search, contact, and reunion services. The Director shall refer an individual who applies for search, contact, and reunion services to the child placement agency that placed the child for adoption if: the identity of the child placement agency that placed the child for adoption is known; and the child placement agency is a confidential intermediary, as defined in § 5-4B-01 of this subtitle. If the identity of the child placement agency that placed the child for adoption is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption. For purposes of paragraph (1) of this subsection, the Director shall have access to any information that is contained in a birth record or public record described in § 5-4B-06(b)(1) or (c)(1) of this subtitle. The Director may charge an individual who applies for search, contact, and reunion services a reasonable fee for a search conducted in accordance with paragraph (2) of this subsection. The overall amount of fees collected may not exceed the costs of providing the search. The Director shall forward any information obtained from a search conducted in accordance with paragraph (2) of this subsection to the confidential intermediary for purposes of providing search, contact, and reunion services.

An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services. Except as provided in paragraph (2) of this subsection, the confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services. The overall amount of fees collected may not exceed the costs of providing the services. The confidential intermediary may not charge a director of a local department who applies for search, contact, and reunion services on behalf of a minor in out–of–home placement the fee described in paragraph (1) of this subsection. The confidential intermediary shall promptly: file the executed agreement with the Director; and attempt to contact the adopted individual, the biological parent, or the sibling sought by the applicant.

The Director or the Adoption Program Manager of the Department may authorize a confidential intermediary to obtain information described in subsection (b) or (c) of this section to locate an individual sought by an applicant. Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health for a copy of the following: the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual; the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4–211 of the Health – General Article; and the report of the decree or judgment of adoption filed by the clerk of the court under § 4–211 of the Health – General Article. To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant. If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary. Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 4–101 of the General Provisions Article, including a court record. To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant. If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary.

Within 90 days after executing a search, contact, and reunion services agreement under § 5-4B-05 or § 5-4B-11 of this subtitle, a confidential intermediary shall file a report with the Director stating that: the individual contacted by the confidential intermediary consents to the disclosure of specified information; the individual contacted by the confidential intermediary does not consent to the disclosure of any information; the individual sought by the confidential intermediary has not been located; or the individual sought by the confidential intermediary is deceased. If the individual sought by the confidential intermediary is deceased, the confidential intermediary shall indicate in the report whether any relatives or members of the adoptive family were contacted, as provided in § 5-4B-11 of this subtitle, and whether those individuals consent to the disclosure of information. The report and any documents filed in accordance with this section are confidential.

If an individual contacted by a confidential intermediary consents to the disclosure of any information, the confidential intermediary shall obtain the written consent of the individual witnessed by a notary public. The written consent shall specify the nature of the information to be disclosed. If a confidential intermediary obtains written consent under subsection (a) of this section, the confidential intermediary shall disclose the information specified in the consent to the individual who applied for search, contact, and reunion services. The confidential intermediary shall disclose only the information that has been authorized by the written consent.

If an individual contacted by a confidential intermediary does not consent to the disclosure of any information, the confidential intermediary: may not disclose any information concerning the individual contacted; shall refrain from further and subsequent inquiry with the individual contacted; and shall report the refusal to the individual who applied for search, contact, and reunion services.

If a confidential intermediary files a report under § 5-4B-07 of this subtitle stating that an individual sought has not been located, the confidential intermediary shall continue to make reasonable attempts to contact the individual sought for the period specified in the search, contact, and reunion services agreement executed in accordance with § 5-4B-05 or § 5-4B-11 of this subtitle. If the confidential intermediary is unsuccessful at locating the individual sought within the period specified in the search, contact, and reunion services agreement, the confidential intermediary shall file a report with the Director stating the failure to locate the individual sought.

If an individual sought by a confidential intermediary is deceased, the confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services. The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services. If the deceased individual is a biological parent, the confidential intermediary may, with the consent of the applicant, attempt to contact a relative who is at least 21 years old to assess the willingness of the relative to communicate or exchange information with the applicant. If the deceased individual is an adopted individual, the confidential intermediary may, with the consent of the applicant, attempt to contact a member of the adoptive family who is at least 21 years old to assess the willingness of the member of the adoptive family to communicate or exchange information with the applicant. If the applicant consents to contacting a relative or member of the adoptive family, the applicant shall execute another written agreement with the confidential intermediary concerning the provision of search, contact, and reunion services under this subsection. Except as provided in subparagraph (ii) of this paragraph, the confidential intermediary may charge the individual a reasonable fee for the additional search, contact, and reunion services described in this subsection. The overall amount of fees collected may not exceed the costs of providing the services. The confidential intermediary may not charge a director of a local department who applies for search, contact, and reunion services on behalf of a minor in out–of–home placement the fee described in subparagraph (i) of this paragraph. The confidential intermediary shall promptly: file the executed agreement with the Director; and attempt to contact the relative or member of the adoptive family sought by the applicant. The provisions of this subtitle shall apply to search, contact, and reunion services provided by a confidential intermediary under this subsection.

The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning: the application process for search, contact, and reunion services; qualifications for a confidential intermediary; the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual, biological parent, or sibling; and the delivery and scope of search, contact, and reunion services.