Tracking #2009-00xxx
Emergency adoption 11/6/09, eff. 11/6/09)

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[I:/09081901.doc]

(12 CCR 2509-1)

[Instructions:  insert both paragraphs before line 1585539.] 
Re-Write of Sections 7.707 through 7.707.94 were final adoption following publication at the 11/6/2009 State Board meeting (Rule-making# 09-5-13-4), with an effective date of 1/1/2010. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 
Revisions to Section 7.306.35 were adopted as emergency at the 11/6/2009 State Board meeting (Rule-making# 09-8-19-1), with an effective date of 11/6/2009. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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(12 CCR 2509-4)

[Instructions:  replace lines 1671622 through 1671624.] 
7.306.35  Release of Information from Closed Records [Rev. eff. 11/6/09]
A.  Pursuant to statute (Section 19-1-103(9), C.R.S.), the State Department or the county department shall release directly or select licensed child placement agencies to release non-identifying background information from closed records to adoptees eighteen (18) years of age and over or their legal representative or adoptive parents. The criteria for selecting such child placement agencies is outlined in Section 7.710.8.
B.  Identifying information may be released from a closed adoption record only by court order, with the exception of Item D.
C.  This includes identifying information, records, and papers (as defined in 19-1-103(6.5), C.R.S.) from adoptions occurring between July 2, 1967 and July 1, 1999, contained in the State Department’s files. 
D.  Records and papers from adoptions that occurred in Colorado between July 1, 1951 and July 1, 1967, maintained at the State Department, shall be released only to the adult adoptee or legal representative from a closed adoption record. 
1.  Records and papers to be released from files maintained at the State Department include the following: 
a.  Non-identifying information (which is already available to the adoptee, see Section 7.306.35, A), 
b.  Papers related to the finalized adoption which were not a part of the Court’s sealed file. 
2.  Adoption records, pursuant to 19-1-103(6.5), C.R.S., do not include pre-relinquishment counseling records that shall remain confidential. 
3.  These records shall be released directly by the State Department or by selected licensed Child Placement Agencies. 
4.  Reasonable fees shall be charged to the adoptee for the process and the copies made.