Current through September 24, 2024
(1) Fees and
charges for access to records, and contact:
(a) The fee for processing an initial written
request for records pursuant to this Chapter shall be $150.00; provided,
however, that a request to open other records related to the initial request
shall incur an additional fee of $50.00 for each additional record.
(b) The fee for a search for eligible persons
with whom contact is sought will be $135.00 regardless of the number of persons
or classes of persons who the requesting person has included in each
request.
(c) A fee of $50.00 will
be charged for providing access to a post-adoption record which is requested
and which, prior to the effective date of these rules, has not been provided by
court order or which has not been previously requested in the initial request
as stated above.
(d) When the
eligible person has had access to or has in their possession a copy of the
adoption records, sealed records, sealed adoption records, or post-adoption
records and is requesting only a letter of authorization to use in obtaining
other records form other information sources, the fee for such letter will be
$50.00.
(e) After the initial
request for service has been made, any subsequent service request will incur a
fee of $50.00.
(2) A fee
of twenty-five (25) cents per page will be charged for the costs of copying any
records requested.
(3) The
person(s) requesting access or the transmission of information pursuant to
T.C.A. §
36-1-134, will be assessed a fee
sufficient to cover the costs of shipping or copying any records from
information sources for review by the Department.
(4) If in determining a person's eligibility,
it is determined that the requesting person is not eligible to access records
under T.C.A. §
36-1-127(a)(1), (2),
(3) [Rules - Chapter 0250-7-7A ccess to
Adoption Records Finalized Prior to 1951 and Access to Records Maintained by
the Tennessee Children's Home Society] but is eligible under T.C.A. §
36-1-127(c)(1)(A),
that person will be notified and provided service in accordance with the Rules
[Chapter 0250-7-12A ccess to Adoption Records for Adoptions Finalized On and
After March 16, 1951] and without additional fees.
(5) Contact Veto Registry fees for
filing/withdrawing
(a) The fee for processing
an initial request with the Contact Veto Registry for no contact or consent
shall be $25.00.
(b) An additional
fee of $25.00 will be required to vary or withdraw the original filed
request.
(6) Advance
Notice Registry fees for filing/varying:
(a)
The fee for processing an initial request to register with the Advance Notice
Registry is $25.00.
(b) An
additional fee of $25.00 will be required to vary the original filed
request.
(7) Fee Waiver:
(a) Fee waiver determinations for access to
records or for filing of no contact veto, varying, altering or withdrawing a
consent or veto request will be made only upon request of the individual after
notice by the Department of the fee requirement following receipt of the
person's written request.
(b) No
fee will be charged to any person who receives, or whose family unit currently
receives, Temporary Assistance For Needy Families (TANF), or any other
means-tested cash assistance program which may replace TANF, or Food Stamps or
any other means-tested food assistance program which may replace the Food Stamp
program, or if the person currently receives Medicaid or TennCare which is
based upon a means test which places the person below Federal Poverty
Guidelines as published in the Federal Register, or if the person receives any
other means-tested medical assistance program which is based upon a means test
which places the person below Federal Poverty Guidelines as published in the
Federal Register, or if the person currently receives Supplemental Security
Income (SSI) under Title XVI of the Social Security Act.
(c) The person requesting the fee waiver will
be required to provide written verification of current eligibility for any of
the above designated programs from the administering agency.
(d) If the person cannot show such
verification of eligibility under the above programs, the person requesting the
fee waiver will be required to complete a sworn declaration of the source and
amount of income and resources on a form provided by the Department. If the
person's family unit's income, based upon its size, does not exceed the current
threshold level of income in the Federal Poverty Guidelines as published
periodically in the Federal Register and if the family unit's non-exempt
resources do not exceed $1,000, the fee for search will be waived.
(8) Payments for records searches
shall be made to the Fiscal Services Section of the Department of Children's
Services at the address given by the Department. Payments by mail may be made
by personal check, cashier's check, or money order payable to the Department of
Children's Services at this address. Cash will be accepted only when
hand-delivered to the Fiscal Services Section at the address given by the
Department.
(9) Unless waived as
provided herein, fees for service will be charged for each service requested on
behalf of, or by each individual who requests service.
(10) All fees or other charges shall be
deposited with the State Treasurer in accordance with the provisions of T.C.A.
§
9-4-301.
Authority: T.C.A. §
36-1-101 et seq., Public Chapter
1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054
(1996).
