§ 5-4B-11. Individual sought is deceased

   (a) Nondisclosure of identity of deceased individual to person seeking it. -- 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.

(b) Disclosure that individual sought is deceased. -- The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services.

(c) Contact with relative or adopted family. --

   (1) 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.

   (2) 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.

   (3) 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.

   (4) (i) 1. 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.

         2. The overall amount of fees collected may not exceed the costs of providing the services.

      (ii) 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.

   (5) 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 applicant.

   (6) The provisions of this subtitle shall apply to search, contact, and reunion services provided by a confidential intermediary under this subsection.

HISTORY: 1998, ch. 679; 2006, ch. 312; 2011, ch. 326.