# COMAR Title 07 — Department of Human Services

## Subtitle 02 — Social Services Administration

### Chapter 13 — Post-Adoption Reunion Services

**Authority:** Family Law Article, §§5-101, 5-356—5-360, 5-3A-39—5-3A-43, 5-3B-28—5-3B-30, 5-4B-01—5-4B-12, 5-4C-01—5-4C-07, Annotated Code of Maryland42 U.S.C. §671; 45 CFR §1355.21; Ch. 326, Acts of 2011

**Administrative History:** Effective date: May 28, 1975 (2:12 Md. R. 866)

**Administrative History:** Regulation .03A amended and E repealed effective January 16, 1984 (11:1 Md. R. 39)

**Administrative History:** Regulation .04D repealed effective January 16, 1984 (11:1 Md. R. 39)

**Administrative History:** Regulation .06G repealed effective January 16, 1984 (11:1 Md. R. 39)

**Administrative History:** Regulation .07B amended effective August 8, 1980 (7:16 Md. R. 1592); January 16, 1984 (11:1 Md. R. 39)

**Administrative History:** Regulation .08B amended effective November 4, 1977 (4:23 Md. R. 1729); July 29, 1985 (12:15 Md. R. 1509)

**Administrative History:** Regulations .13 and .17 repealed effective January 16, 1984 (11:1 Md. R. 39)

**Administrative History:** Regulation .14B amended effective October 29, 1975 (2:24 Md. R. 1480)

**Administrative History:** Regulations .18 and .19 amended effective October 19, 1979 (6:21 Md. R. 1706)

**Administrative History:** Chapter revised effective March 6, 1989 (16:4 Md. R. 494)

**Administrative History:** Regulation .07F amended as an emergency provision effective December 17, 1992 (20:1 Md. R. 23)

**Administrative History:** Regulation .08H amended effective September 9, 1996 (23:18 Md. R. 1315)

**Administrative History:** Regulation .08L amended effective January 26, 1998 (25:2 Md. R. 75)

**Administrative History:** Regulations .01—.27, License for Child Placement Agencies, repealed effective January 8, 2001 (27:26 Md. R. 2357)

**Administrative History:** Regulations .01—.09, Post-Adoption Reunion Services, adopted effective June 24, 2002 (29:12 Md. R. 926)

**Administrative History:** Regulation .01 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .01D adopted effective August 17, 2015 (42:16 Md. R. 1054)

**Administrative History:** Regulation .02B amended effective November 19, 2007 (34:23 Md. R. 2026); January 9, 2012 (38:27 Md. R. 1763); August 17, 2015 (42:16 Md. R. 1054)

**Administrative History:** Regulation .04 amended effective November 19, 2007 (34:23 Md. R. 2026)

**Administrative History:** Regulation .04A amended effective August 17, 2015 (42:16 Md. R. 1054)

**Administrative History:** Regulation .04A, B amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .04E amended effective October 3, 2011 (38:20 Md. R. 1201)

**Administrative History:** Regulation .08B amended effective November 19, 2007 (34:23 Md. R. 2026)

**Administrative History:** Regulation .09A amended effective November 19, 2007 (34:23 Md. R. 2026)

#### Regulation .01 Purpose.

*COMAR 07.02.13.01*

The purpose of this chapter is to:

A. Allow adult adoptees and eligible birth family members to:

  (1) Exchange identifying information between all eligible consenting persons who register and are matched through the Maryland Mutual Consent Voluntary Adoption Registry;

  (2) Search for and exchange identifying and nonidentifying information between adult adoptees and their birth parents who consent to the services of the Search, Contact, and Reunion Services Program; and

  (3) Maintain confidentiality and anonymity if other birth family members search for the adult adoptees and eligible birth family members, and they do not desire contact;

B. Allow adult adoptees and birth parents to file disclosure vetoes to protect their confidentiality;

C. Allow a local department to contact a sibling of a minor in out-of-home placement in order to develop a placement resource or facilitate a family connection, if the sibling was adopted through a local department; and

D. Allow a director of a local department or designee to contact relatives of a minor in out-of-home placement who was adopted through a local department for the purposes of developing a placement resource or to facilitate a family connection if the local department has determined that reunification with the minor’s adoptive parent is not in the minor’s best interest.

#### Regulation .02 Definitions.

*COMAR 07.02.13.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Social Services Administration.

  (2) “Adult adoptee” means an adult adopted individual:

    (a) Whose adoption decree was issued by a Maryland court;

    (b) Who is 21 years old or older; and

    (c) Who does not have a biological sibling younger than 21 years old who has the same adoptive parents.

  (3) “Child placement agency” means a:

    (a) Local department of social services; or

    (b) Private agency that:

      (i) Engages or engaged in the placement of children in homes or with individuals; and

      (ii) Is or was licensed by the Social Services Administration under Family Law Article, §5-507, Annotated Code of Maryland.

  (4) “Confidential intermediary” means an individual or child placement agency qualified by the Director of the Social Services Administration for the purpose of providing contact, search, and reunion services.

  (5) “Consent form” means a signed, notarized form:

    (a) Issued by the Social Services Administration;

    (b) Completed by the registrant for the Search, Contact, and Reunion Services Program or the Maryland Mutual Consent Voluntary Adoption Registry;

    (c) Verifying the registrant as an adult adoptee or a birth parent, and giving information about the birth and adoption of the adoptee; and

    (d) Providing the following information:

      (i) The name of the child placement agency that placed the child for adoption if known; and

      (ii) The persons or agencies to whom identifying information may be released.

  (6) “Director” means the Executive Director of the Social Services Administration.

  (7) “Disclosure veto” means a signed, notarized document completed by a birth parent or an adopted individual 21 years old or older or a sibling prohibiting the disclosure of any identifying information concerning that parent, adoptee, or sibling that is contained in agency, birth, or court records for adoptions finalized on or after January 1, 2000.

  (8) “Fee” means the amount of payment established by the Director that may be charged for services related to the Registry or the Search, Contact, and Reunion Services Program.

  (9) “Local department” means the department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.

  (10) “Match” means the positive comparison of information contained in Registry affidavits indicating familial relationship between registrants and confirmation of the relationship by the child placement agency, local department, vital statistics, or court records.

  (11) “Member of the adoptive family” means an adoptive parent, grandparent, brother, or sister of an adopted individual whether the familial relationship is based on blood or marriage.

  (12) “Notarized” means an individual commissioned by a state as a notary public has verified the identity of the signatory of a document, witnessed the signature, taken the signatory's oath, affirmation, or acknowledgment if called for by the document, completed any notarial certificate on the document, signed, dated, affixed the notary public's seal of office and commission expiration date to the document, and recorded the notarization in the notary public's register of official acts.

  (13) “Out-of-home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.

  (14) “Registrant” means an individual accepted for registration with:

    (a) The Maryland Mutual Consent Voluntary Registry; or

    (b) The Maryland Search, Contact and Reunion Services Program.

  (15) “Registration form” means a form issued by the Social Services Administration, completed and signed by the individual who is registering, providing information known to the registrant about the adoptee and the birth parent.

  (16) “Registry” means the Maryland Mutual Consent Voluntary Adoption Registry where birth parents, adoptees, and birth siblings may register to have identifying information released to each other.

  (17) “Relative” means a parent, grandparent, brother, or sister of an adopted individual whether the familial relationship is based on blood or marriage. 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 or consanguinity or affinity under the civil law rule.

  (18) “Search, contact, and reunion services” means the program that provides services to adult adoptees and their birth parents and siblings and to minors in out-of-home placement through the use of a confidential intermediary to:

    (a) Identify, search for, and locate adopted individuals, birth parents, siblings, and relatives and members of the adoptive family as specified in Regulation .08B of this chapter;

    (b) Assess the mutual desire for communication or disclosure of information among the adoptees, birth parents, siblings, and relatives and members of the adoptive family as specified in Regulation .08 of this chapter and permit the communication of the information to the appropriate parties;

    (c) Provide counseling, or referral to counseling, for adoptees, birth parents, siblings, relatives, and members of the adoptive family; or

    (d) If a sibling of a minor in out-of-home placement was adopted through a local department, contact the sibling to develop a placement resource or facilitate a family connection.

  (19) “Secretary” means the Secretary of the Department of Human Services.

  (20) “Service agreement” means a written agreement made between the confidential intermediary and the registrant.

  (21) “Sibling” means a brother or sister of the whole or half blood who:

    (a) Is 21 years old or older; and

    (b) Has been adopted.

  (22) “Waiver” means the reduction of a fee based on the individual's written request and verification of family income if family income is less than the national poverty level.

#### Regulation .03 Maryland Mutual Consent Voluntary Adoption Registry.

*COMAR 07.02.13.03*

A. Registry Registration Requirements.

  (1) Registration shall be accepted from:

    (a) An adoptee, 21 years old or older; and

    (b) An adoptee's birth mother, birth father, and birth siblings who are 21 years old or older.

  (2) Completion of the registration process. The registrant shall:

    (a) Complete a consent form containing a statement of the individual's consent to be identified to other registrants matched as birth family members;

    (b) Complete a registration form giving:

      (i) The individual's current name;

      (ii) Any previous name or names;

      (iii) Current address and telephone numbers;

      (iv) Any information known about the individual being sought including name or names, birth name, adoptive name, date and place of birth, and names of adoptive parents;

      (v) The name and address of the agency that placed the child for adoption; and

      (vi) The name and address of the court that issued the adoption or guardianship decree; and

    (c) Pay the fees prescribed by the Director according to the registration fee schedule for the Mutual Consent Registry and Search, Contact, and Reunion Services Programs.

  (3) Fees.

    (a) The fee shall accompany the consent form.

    (b) A fee is not required from any registrant whose income is at or below the national poverty level.

  (4) The registrant may provide notification to the Administration of changes in information occurring after the affidavit and registration form are filed.

  (5) A registrant may withdraw from the registry at any time by submitting a notarized affidavit to the Administration that contains the registrant's name and a request to be removed from the registry files.

B. Matches.

  (1) Upon receipt of a registration form, consent form, and fees the registry shall search its files for potential matching family members.

  (2) Before identifying information is released to either registrant, verification that a familial relationship exists shall be obtained from a source that is independent of registry files.

  (3) To prevent errors in identifying family members, relationship of the family members shall be verified by a third party before identifying information may be released to the registrants.

  (4) The third party may be, but is not limited to:

    (a) The agency that placed the child for adoption;

    (b) The Bureau of Vital Statistics; or

    (c) A court of competent jurisdiction.

  (5) A match is made if:

    (a) An adoptee and the adoptee's birth mother and birth father register;

    (b) Two or more of the birth siblings register; or

    (c) An adoptee and only one birth parent of the adoptee register if any of the following conditions exist:

      (i) An adoptee and the birth mother register and there is no known birth father;

      (ii) The Administration has been notified or received information that the nonregistering birth parent is deceased;

      (iii) The birth mother of the adoptee declares that the identity of the birth father is unknown;

      (iv) The adoption agency submits from a court of competent jurisdiction in the state of the adoptee's birth or adoption a copy of a judgment that declares that the identity of the natural father is unknown;

      (v) The father named in a birth or adoption record has declared the parent-child relationship does not exist;

      (vi) At the time of the adoption, notice of the filing of the petition for adoption or guardianship was not given to the nonregistering natural parent of the adoptee and the parent did not participate in the judicial proceedings that terminated the parent-child relationship;

      (vii) Notice of the filing of the petition for adoption or guardianship was not given to the nonregistering birth parent; or

      (viii) 1 year has elapsed since the registering parent filed the affidavit and the nonregistering birth parent has not filed a notarized affidavit stating the nonregistering parent's refusal to permit the match.

  (6) Access to Records.

    (a) The administration may inquire into the records of a child placement agency, local department of social services, or court that issued the adoption or guardianship decree.

    (b) The court that issued the adoption decree shall order that the Administration have access to the court record on receipt of a petition from the Administration that states review of the record is needed in order to make a match or to provide matching information.

  (7) Confidentiality and Record Retention.

    (a) The registry shall retain information and documents collected until the date specified by the registrant or 99 years after the registration, whichever occurs first.

    (b) If necessary, registry documents and information shall be destroyed in accordance with the State procedure for disposal of confidential information.

    (c) Information in the registry may not be disclosed except as otherwise provided in these regulations or pursuant to a court order.

    (d) Information on the registry may be used for search, contact, and reunion services if the adoptee or birth parent registers for that Program.

#### Regulation .04 Search, Contact, and Reunion Services Program.

*COMAR 07.02.13.04*

A. Program Registration Requirements.

  (1) Program registration is open to:

    (a) An adoptee, 21 years old or older, who does not live with a birth sibling younger than 21 years old;

    (b) The birth parents of an adult adoptee whose parental rights were not terminated under Family Law Article, Subtitle 3, Annotated Code of Maryland;

    (c) A sibling of an adopted individual who is 21 years old or older and who has been adopted; or

    (d) A director of a local department acting on behalf of a minor in out-of-home placement.

  (2) Completion of Registration Process. The registrant shall provide:

    (a) A completed consent form containing a statement of the registrant's consent to be identified to the birth parents, adoptee, sibling, or relative;

    (b) A completed registration form as described in Regulation .03A(2)(b) of this chapter;

    (c) A photo identification of the registrant; and

    (d) Payment of a registration fee as prescribed in the registration fee schedule for the mutual consent registry and Search, Contact, and Reunion Services Program that is available from the Director or the Director's designee.

  (3) If a registrant is a director of a local department acting on behalf of a minor in out-of-home placement and the purpose is solely to facilitate a family connection, the consent form required by §A(2)(a) of this regulation:

    (a) Shall be signed by the parent, guardian, or attorney of the child in out-of-home placement if the child is younger than 16 years old, unless the local department has a court order granting the local department the right to release the information; or

    (b) May be signed by the child, if the child is 16 years old or older.

B. A fee is not required from:

  (1) A registrant whose gross income is at or below the federal poverty level; or

  (2) A director of a local department who applies for search, contact, and reunion services on behalf of a minor in out-of-home placement.

C. The Director or the Director's designee shall maintain the list of confidential intermediaries.

D. A child placement agency may apply to the Director or the Director's designee to be a confidential intermediary. The director of a child placement agency shall appoint an employee as the representative member to make the application on behalf of the agency.

E. Qualifications established by the Director shall be met by each member or former member of the staff of a child placement agency that provides search, contact, and reunion services and shall include:

  (1) Possession of a bachelor's degree from an accredited college or university or a State employee grandfathered into a social work classification by the Department of Budget and Management, Office of Personnel Services and Benefits;

  (2) 2 years of experience providing casework or adoption services;

  (3) Documentation of the completion of a criminal background record check or of the request for a criminal background check;

  (4) Attendance at 8 hours of training, approved by the Director, in providing search, contact, and reunion services;

  (5) Supervision by a licensed clinical or graduate social worker while providing search, contact, and reunion services;

  (6) Completion of refresher confidential intermediary training as required by the Director; and

  (7) Any other qualification that the Director establishes for confidential intermediaries.

F. The Director may establish a reasonable fee for an application under this section. The overall amount of the fees collected may not exceed the cost of processing the application.

#### Regulation .05 Referrals of Registrants to the Confidential Intermediary.

*COMAR 07.02.13.05*

A. The Director shall refer the registrant for the Search, Contact, and Reunion Services Program to the child placement agency that handled the adoption if the agency is known and is a confidential intermediary.

B. If the child placement agency is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption.

C. The Director shall have access to any birth record or public record as defined in State Government Article, §10-611, Annotated Code of Maryland, including a court record and the original birth records that relate to the new birth certificate of an adopted individual to determine the identity of the child placement agency that placed the child for adoption.

D. The Director may charge an individual who applies for the Search, Contact, and Reunion Services Program a reasonable fee for a search conducted to determine the child placement agency that placed the child for adoption if the identity of the agency is unknown. The overall amount of fees collected for the search for the child placement agency may not exceed the cost of providing the search. A fee is not required from a registrant whose gross income is at or below the federal poverty level.

E. If the Director cannot determine the name of the child placement agency or if there was not an agency involved with the adoption, the Director shall provide search services or the list of confidential intermediaries to the registrant.

#### Regulation .06 Service Agreement.

*COMAR 07.02.13.06*

A. A registrant who applies for search, contact, and reunion services shall execute a service agreement with a confidential intermediary concerning the provision of search, contact, and reunion services and the fee to be paid for those services.

B. The service agreement shall state the services to be provided by the confidential intermediary and shall last for 90 days beginning the day after the service agreement is signed by both parties. If the search is unsuccessful after the first 90-day period, the service agreement may be extended for an additional 90 days. No additional fees may be charged by the confidential intermediary if an additional 90 days is used to continue the search, contact, and reunion service. A report shall be made to the Director that the service agreement has been extended along with a report of progress made at the end of the first 90-day period and the steps to be taken during the second 90-day period.

C. Fees.

  (1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services. Fees are nonrefundable. The fee to be charged by the confidential intermediary shall be included in the service agreement. Fees shall be waived by the confidential intermediary if the client requests the waiver in writing and provides verification of income that coincides with the schedule in the confidential intermediary fee schedule for the search, contact, and reunion services.

  (2) The overall amount of fees collected may not exceed the cost of providing the services or the amounts prescribed in the confidential intermediary fee schedule for search, contact, and reunion services available from the Director, whichever is less.

  (3) Fees for services are charged to the registrant one time. If additional services are requested by the registrant within 1 year of the signing of a first service agreement, all previous payments are applied to the total service costs for that year. For example, if the registrant signs a service agreement requesting nonidentifying heritage information and 30 days later requests contact and reunion services with both parents, the confidential intermediary may only charge the registrant the difference between the first fees paid and the cost of the additional service.

D. The confidential intermediary shall promptly:

  (1) Provide the registrant with a copy of the signed service agreement;

  (2) File the executed service agreement with the Director; and

  (3) Determine the identity of the adoptee or birth parent, and search for and contact either the adoptee or the birth parent sought by the applicant.

#### Regulation .07 Authorization to Obtain Information.

*COMAR 07.02.13.07*

A. The Director may authorize a confidential intermediary to obtain the following documents:

  (1) The original birth certificate of the adoptee;

  (2) The new birth certificate of the adoptee and any records that relate to it;

  (3) The final adoption decree of the adoptee; and

  (4) Any information that is contained in a public record as defined in State Government Article, §10-611, Annotated Code of Maryland, including a court record.

B. The confidential intermediary shall submit a statement to the custodian of the record to be inspected, signed by the Director or the Adoption Program Manager of the Department of Human Services and notarized, authorizing the confidential intermediary to obtain the information.

#### Regulation .08 Reporting the Results of a Search.

*COMAR 07.02.13.08*

A. The confidential intermediary shall submit to the Director a report of the findings within 90 days of the execution of a service agreement.

B. Results.

  (1) If an individual contacted by the confidential intermediary consents to the disclosure of specified information:

    (a) The confidential intermediary shall obtain a consent form from the individual that specifies the nature of the information to be disclosed;

    (b) The information shall be disclosed to the registrant who applied for search, contact, and reunion services;

    (c) The confidential intermediary shall:

      (i) Disclose the information authorized by the consent form; and

      (ii) Facilitate contact and reunion between the parties; and

    (d) The confidential intermediary may facilitate a reunion between the adoptee and birth family members if the birth mother or the birth father do not wish contact but agree by notarized affidavit that their birth relatives may be contacted by the confidential intermediary.

  (2) If the individual contacted by the confidential intermediary does not consent to the disclosure of information:

    (a) The confidential intermediary may not disclose any identifying information concerning the individual contacted;

    (b) The confidential intermediary shall refrain from further and subsequent inquiry with the individual contacted;

    (c) The confidential intermediary shall report the refusal to the registrant who applied for search, contact, and reunion services; and

    (d) The confidential intermediary shall provide all nonidentifying heritage and health information contained in the agency record and obtained from contact with the birth family or adoptee.

  (3) If the individual sought by the confidential intermediary is not found within the period specified in the service agreement, the confidential intermediary shall file a report with the Director indicating all efforts to locate the individual including the following:

    (a) Network clearances accessed by the confidential intermediary;

    (b) Results of contacts with other agencies to determine the individual's identity or whereabouts; and

    (c) All other efforts to locate the individual.

  (4) If the individual sought by a confidential intermediary is deceased, the confidential intermediary shall indicate in the report whether any relatives or members of the adoptive family were contacted and whether those individuals consent to disclosure of information and:

    (a) The confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services;

    (b) The confidential intermediary shall report that the individual sought is deceased to the registrant for the services;

    (c) If the deceased individual is a biological parent, the confidential intermediary may, with the consent of the registrant, attempt to contact a relative who is 21 years old or older to assess the willingness of the relative to communicate or exchange information;

    (d) If the deceased individual is an adoptee, the confidential intermediary may, with the consent of the registrant, attempt to contact a member of the adoptive family who is 21 years old or older to assess the willingness of the member of the adoptive family to communicate or exchange information;

    (e) If the registrant consents to contacting a relative or member of the adoptive family, the registrant shall execute another written agreement with the confidential intermediary concerning the provision of search, contact, and reunion services;

    (f) The confidential intermediary may charge the individual a reasonable fee for the additional search, contact, and reunion services as described above;

    (g) The overall amount of fees collected may not exceed the costs of providing the services; and

    (h) The confidential intermediary shall promptly:

      (i) File the executed agreement with the Director; and

      (ii) Attempt to contact the relative or member of the adoptive family sought by the registrant.

#### Regulation .09 Disclosure Vetoes.

*COMAR 07.02.13.09*

A. The following individuals may file a disclosure veto prohibiting the disclosure of any information concerning the individual contained in agency, birth, or court records:

  (1) A biological parent of an adoptee;

  (2) An adopted individual 21 years old or older; or

  (3) A sibling as defined in Regulation .02B of this chapter.

B. A disclosure veto shall be filed with the Director.

C. The Director immediately shall forward a copy of a disclosure veto to the Secretary of the Maryland Department of Health.

D. An individual authorized to file a disclosure veto may cancel or refile a disclosure veto at any time.