The Confidential Intermediary Statute

19-5-304 - Confidential intermediaries - confidential intermediary services.
(1) (a) Any person who has completed a confidential intermediary training program that meets the standards set forth by the commission shall be responsible for notifying the commission that his or her name should be included on the list of confidential intermediaries to be maintained by the commission and made available to the judicial department. The commission shall adopt rules to determine when and under what conditions the name of a confidential intermediary shall be removed from the list available to the judicial department.

   (b) Once a person is included on such list, he or she shall be:

   (I) Authorized to inspect confidential relinquishment and adoption records and post-adoption records upon motion to the court by the following persons:

   (A) An adult adoptee;

   (B) An adoptive parent, custodial grandparent, or legal guardian of a minor adoptee;

   (C) A biological parent or an adult biological sibling or half-sibling of an adult adoptee;

   (D) An adult descendant of the adoptee or the adoptive parent, spouse of an adoptee, adult stepchild, or adopted adult sibling of an adoptee with the notarized written consent of the adult adoptee;

   (E) A biological grandparent of an adoptee with the notarized written consent of the biological parent. No written consent is required if the biological parent is deceased.

   (F) The legal representative of any of the individuals listed in sub-subparagraphs (A) to (E) of this subparagraph (I).

   (II) Available, subject to time constraints, for appointment by the court to act as a confidential intermediary for any of the parties listed in subparagraph (I) of this paragraph (b).

   (2) Any of the parties listed in subparagraph (I) of paragraph (b) of subsection (1) of this section, any of whom are eighteen years of age or older, may file a motion, with supporting affidavit, in the court where the adoption took place, to appoint one or more confidential intermediaries for the purpose of determining the whereabouts of such individual's unknown relative or relatives; except that no one shall seek to determine the whereabouts of a relative who is younger than eighteen years of age. The court may rule on said motion and affidavit without hearing and may appoint a trained confidential intermediary.

   (2.5) For purposes of paragraph (b) of subsection (1) of this section and subsection (2) of this section, "legal guardian" shall not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.

   (3) Any information obtained by the confidential intermediary during the course of his or her investigation shall be kept strictly confidential and shall be utilized only for the purpose of arranging a contact between the individual who initiated the search and the sought-after biological relative or for the purpose of obtaining consent for the release of adoption records.

   (4) (a) When a sought-after biological relative is located by a confidential intermediary on behalf of the individual who initiated the search, the confidential intermediary shall obtain consent from both parties that they wish to personally communicate with one another.

   (b) Contact shall be made between the parties involved in the investigation only when consent for such contact has been received by the court.

   (c) If consent for personal communication is not obtained from both parties, all relinquishment and adoption records and any information obtained by any confidential intermediary during the course of his or her investigation shall be returned to the court and shall remain confidential.

   (5) All confidential intermediaries shall inform both the requesting biological relative and the sought-after biological relative of the existence of the voluntary adoption registry set forth in section 25-2-113.5, C.R.S.

   (6) Any person acting as a confidential intermediary who knowingly fails to comply with the provisions of subsections (3) and (4) of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of five hundred dollars.

 Actual controversy between adverse parties must exist if a court is to sua sponte address the constitutionality of a statute. Juvenile court's ruling that this part 3 is unconstitutional was impermissible exercise of judicial authority since the issue was raised on behalf of unidentified parties that were not before the court on court's own motion in order to create a controversy that it then proceeded to decide. In re Tomlinson, 851 P.2d 170 (Colo. 1993).