Date: Fri, 12 Mar 1999 14:18:36 PST
Colorado bill HB 1188, the House version of which passed last month, is headed for a vote on the Senate floor Monday, March 15.
This bill solidifies the intermediary system for existing adoptees, and creates a disclosure veto system for future adoptions. The bill has been amended further in the Senate, including an amendment which prohibits release of records to an adoptee where a family has adopted two or more siblings, until the siblings adopted all reach the age of 18. This means that a 27-year old adoptee would have no direct access if they had a sibling who was 17.
Astonishingly, further amendments seem to narrowly limit the existing court petition process, so that even if a court finds
"THAT THE PETITIONING PARTY HAS DEMONSTRATED THAT THE INFORMATION IS NEEDED FOR THE MEDICAL PURPOSES OF TREATING OR PREVENTING A MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITION"
rather than
"THE ADOPTION RECORDS SHALL BE RELEASED"
which was the original reading, it has been amended to read
"THOSE PORTIONS OF THE ADOPTION PROCEEDING, THE ADOPTION RECORDS, OR THE POSTADOPTION RECORDS THAT THE COURT FINDS CONTAIN PERTINENT MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC INFORMATION SHALL BE RELEASED".
A section has been added stating that nothing in this section is to be construed to limit the court's authority to open records for good cause, but it clearly does just that.
This bill appears headed for passage, which is too bad as it will severely limit adoptee rights in Colorado, including crippling existing provisions for access, as well as creating new vested birthparent rights to veto disclosure. If the Senate version passes, probably what will occur is a conference committee will look at the two bills and hash out the differences, coming up with a report reconciling the bills. Depending on Colorado's procedures (I am not peronsally familiar with them), one or both of the houses will agree to the reconciliation report, or not.
At this point, we need to simply contact all CO Senators and ask them to vote no on this bill, HB 1188. (It appears that even though it is now in the Senate, in CO bills maintain their originating house numbers).
PLEASE fax and email those Senators that have fax and email this weekend, and tell them to vote NO ON HB1188 ON MONDAY! I will fax letters for anyone who does not have access to a fax machine. Just email the letter to me at sheag@oz.net
For those Senators without fax or email, please call and leave messages.
There is a member directory at http://www.state.co.us/gov_dir/leg_dir/senate/members/index.htm.
If you are a CO constituent, please call your legislator personally and tell them to vote NO, and indicate you are a constituent on your communications. If you are a CO triad member or resident, also indicate that fact. If you ahve written before, you can modify your previous letters slightly, and send them to the full Senate.
The likely passage of this bill is probably one of the more devastating blows for the adoptee rights community, as CO was a state that actually had a chance at an unconditional bill or ballot measure in the near future. Not if this bill passes. This bill is supported by AAC and TxCare Board member Bill Betzen as well as Adoptees In Search-Denver. Those with membership in either of these organizations are encouraged to resign in protest of this egregious violation of adoptee rights, as well as a bill that is in conflict with the AAC's newly adopted policy on "adoptee rights".
Shea
Please note that the current text of HB 1188 on the CO Legislative site (http://www.state.co.us/gov_dir/leg_dir/sess1999/hbills99/hb1188.htm) does not reflect amendments. Those can be viewed online by looking at the Senate and House Journal entries at http://www.state.co.us/gov_dir/leg_dir/sess1999/sjoucal.htm and http://www.state.co.us/gov_dir/leg_dir/sess1999/hjoucal.htm.
Read Shea Grimm's response to the
non-adoptees who push veto bills.
Back to CO Adoptee Rights
Activism
Back to Bastard Nation Action Alerts
Back to Bastard Nation