CALIFORNIA AB 372 SENT TO SUSPENSE FILE

If you were listening to the Cal Assembly Appropriations Committee hearing today you may wonder what happened to AB 372. First there was Assb. Ma and then there wasn't and not a word about the bill in between. I figured it went into the suspense file, where bills are usually sent to die, but was puzzled because the number wasn't even called.

Jean Uhrich from CalOpen was on the scene and tells us that's exactly what happened. The committee has until May 25 to retrieve it from suspension, but because of the costs involved, the bill is likely to expire there. Death by hubris.

The disclosure veto, we understand, cannot be amended back to a contact preference form because the change would send the bill back to the Assembly Judiciary Committee, which has already stated its opposition to such an amendment.

It may be a bit early yet, but good riddance to bad rubbish!

We'll keep you informed. I don't think it's a bad idea to keep those cards and letters comin'' kiddies!

Wednesday's Tweet

vry impt notis

CA AB 372 suks

it mst b dfeted now

Go to www.calopen.org

CAL OPEN/BASTARD NATION ACTION ALERT- CAL AB 372. ACT NOW!

This is CalOpen's URGENT ACTION ALERT FOR CALIFORNIA. It also serves as a Bastard Nation Action Alert

Note that Assb. Ma's office now says there will be an $8 MILLION start-up cost!!!!!!!

* * * CALIFORNIA OPEN ACTION ALERT * * *
PLEASE DISTRIBUTE FREELY

Issued May 12, 2009

URGE THE CALIFORNIA STATE LEGISLATURE
ASSEMBLY APPROPRIATIONS COMMITTEE
TO VOTE NO ON AB 372

On Wednesday, May 13th, 2009 AB 372 will come before the California State Legislature's Assembly Appropriations Committee. Assembly Bill 372 would require State Notification to birthparents of an adoptee's request for their record and the birthparent's Consent to Disclosure and Release of the Original Birth Certificate to the adoptee. The author's office has stated there is an $8 Million start up cost estimate attached to the bill. The State of California can not afford such foolish expense, especially when other open records states have utilized a Contact Preference Form with no fiscal note attached and no additional staff required for implementation and provision.

WE MUST ACT NOW TO DEFEAT AB 372 AND LEAVE CLEAR THE PATH FOR A RIGHTS DRIVEN OPEN RECORDS BILL. DO NOT ALLOW A MISGUIDED ATTEMPT TO WORK WITHIN AND EXPAND AN EXISTING DISCLOSURE VETO, UNDER THE GUISE OF "PRIVACY RIGHTS", TO ESTABLISH FURTHER PRECEDENT IN THE STATE OF CALIFORNIA! NO MORE BAD LAW ON THE BOOKS!

BILL TEXT OF AB 372: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0351-0400/ab_372_bill_20090507_amended_asm_v96.pdf

FAX, PHONE and E-MAIL the Assembly Appropriations Committee to vote NO on AB 372.
http://www.calopen.org/asmapprop.shtml

KEY POINTS FOR YOUR LETTER:

- I strongly urge a NO VOTE ON AB 372.

- Adult adoptees refuse to pay for notification to birthparents, as provided for in the bill. "Mommy May I?" Adults, adopted or not, should not be required to seek parental approval to receive their original birth certificate from the State. Certainly, a parent who relinquished all legal right, prior to adoption, can have no credible veto right to disclosure. Therefore, I oppose the fee laid onto adoptees.

- There can be no "settled expectation" of privacy by birthparents, since birthparent names were published and sold under the protection of the California Public Records Act and are available on the internet TODAY. www.vitalsearch-ca.com

- Adopted adults hold constitutional privacy rights, the same as non-adopted citizens, who have no restrictions placed on their access rights.

- Adopted adults are not only the subject of their own adoption, but a PARTY to the action of adoption. AB 372 seeks to allow a non-party to the adoption, the persons who relinquished all rights, to veto access and pay for the notification to exercise that veto.

- AB 372 has strayed far from its original intent, to restore adopted adults unrestricted access to their own birth certificate. I'm glad the discussion was opened, but this bill is a monstrosity. I strongly urge a NO vote on AB 372.


We urge all California residents to ATTEND THE HEARING.
http://www.calopen.org/attend.shtml

You can watch and listen LIVE to the hearing via the internet:
Wednesday, May 13th, 2009
Room Number 4202
9:00 AM (PST)
http://www.assembly.ca.gov/committee_hearings/defaulttext.asp
(Click on Committee Room List)

RAPID E-MAIL CUT-N-PASTE

YOU LETTERS AND PHONE CALLS DO MAKE A DIFFERENCE!

Assemblymember.Ammiano@assembly.ca.gov;
Assemblymember.Calderon@assembly.ca.gov;
Assemblymember.Davis@assembly.ca.gov;
Assemblymember.deLeon@assembly.ca.gov;
Assemblymember.Duvall@assembly.ca.gov;
Assemblymember.fuentes@assembly.ca.gov;
Assemblymember.Hall@assembly.ca.gov;
Assemblymember.Harkey@assembly.ca.gov;
Assemblymember.Miller@assembly.ca.gov;
Assemblymember.Nielsen@assembly.ca.gov;
Assemblymember.John.Perez@assembly.ca.gov;
Assemblymember.Price@assembly.ca.gov;
Assemblymember.Skinner@assembly.ca.gov;
Assemblymember.solorio@assembly.ca.gov;
Assemblymember.strickland@assembly.ca.gov;
Assemblymember.Torlakson@assembly.ca.gov;
info@calopen.org


California Open and Coalition Partners thank you for your activism!
www.calopen.org

CORRECTION: LETTER TO TEXAS LEG: KILL HB 4470 AND SB 499

I mistakenly posted the BN Action Alert a second time instead of the letter. Here is the correct post.

Here is the letter Bastard Nation sent to the Texas House Committee on Public Health regarding HB 4470 and SB 499. We called for instructions to submit written testimony and learned that the legislature will only take in-person testimony. In other words, if an individual or organization wants their testimony on any bill to be on the record they may have to make an 8 hour drive or fly to Austin. And forget about faxing. It clogs up their machines and takes too much time. Please email! (See previous action alert for details)

HB 4470 and SB 499 appear to be the handiwork of the so-called adoption reform organization TxCare. (webpage out of date.) So don't' blame it all on the adoption industry.

BASTARD NATION: THE ADOPTEE RIGHTS ORGANIZATION

P.O. Box 1409

Edmond, OK 73083-1409

Phone/Fax (415) 479-3741

May 4, 2009

Re: HB 4470 and SB 499

Texas State Legislature

House of Representatives

Committee on Public Health

Honorable Representatives:

Bastard Nation: The Adoptee Rights Organization, the largest adoptee rights group in North America, opposes HB 4470 AND SB 499. We advocate for full restoration of rights to unconditional access to original birth certificates for 100% of adopted adults. HBs 4470 and SB 499 won’t get this job done!

The two bills are different with issuing adopted adults their original birth certificates now; however, both are extremely restrictive and demeaning to adopted men and women.

In the House bill, the state registrar may, if resources allow, on request provide to a person who was adopted before January 1, 2010, a noncertified copy of the person’s original birth certificate only if an adopted person’s birth parent has filed a contact preference form with the state registrar authorizing the release of a noncertified copy of the person’s original birth certificate.

In the Senate bill, an adopted adult can receive an original birth certificate now if he/she knows the identity of each parent on the original birth certificate, without obtaining a court order.

Both bills contain disclosure vetoes and contact vetoes designed to keep many adoptees from ever receiving their original birth certificate. These veto sections will be prospective beginning January 1, 2010. The vetoes will keep yet another generation of adoptees, their state-held information, and their personal relationships in the hands of the state, rather than with the individuals involved. No other group of citizens in the State of Texas must have a parent’s permission to obtain an original birth certificate.

Relinquishment documents signed by birth mothers are legally irrevocable. At the time of relinquishment, birth mothers gave up all legal rights to their offspring – forever. These bills would cause unnecessary and intrusive hurdles for adoptees without legal justification.

A genuine contact preference form, as created in Oregon, is non-binding. It never contains a disclosure or contact veto or any other restriction to the issuing of an original birth certificate to any adopted adult who requests it.

These two bills have a new and disturbing section which contains mandatory postadoption counseling for adoptee and birth mother before an original birth certificate will be issued. The bills require verification of the counseling “in a form satisfactory to the state registrar.” This provision puts the final decision of issuance of an original birth certificate into the hands of the state registrar, which arguably could be considered a most arbitrary method of issuing birth certificates.

Adopted adults need legislation that will put them on a par with all non-adopted citizens of the state. They do not want to be treated differently because of the circumstances surrounding their birth.

Please vote NO to HB 4470 and SB 499. Start all over again with a true adoptee rights bill - not a birth mother rights bill. A good adoptee rights bill gives all adopted adults the right to request and receive their original birth certificate, unconditionally and without any falsifications.

Thank you for your consideration.

Anita Walker Field, Secretary

Bastard Nation: The Adoptee Rights Organization

EXECUTIVE COMMITTEE

Marley Greiner, Chair

Anita Walker Field, Secretary

Patricia Marler, Treasurer

Nina Greeley, Member

Peter Kristian Mose, Member

Marla Paul, Member

BASTARD NATION ACTION ALERT-- NO ON TEXAS: SB 499/HB 4470

BASTARD NATION: THE ADOPTEE RIGHTS ORGANIZATION

ACTION ALERT

TEXAS ACTION ALERT- EMERGENCY

TEXAS SENATE BILL 499 & COMPANION HOUSE BILL 4470

We have an emergency in the Texas State Legislature. Probably one of the worst combination of so-called “adoptee rights bills” in history are on their way to crushing any chance of adoptee’s ever achieving equal access to birth certificates, now and in the future.

Senate Bill 499 was engrossed and passed the Senate on April 28, 2009 and was sent to the House. A companion bill, House Bill 4470, has been waiting in the wings. On April 28, 2009, testimony was taken and registrations recorded in the committee. The bill has been left pending in committee.

PLEASE WRITE AND CALL THE HOUSE COMMITTEE MEMBERS TODAY. Ask them to vote NO to SB 499 and HB 4470. We must not allow this destructive bill to get any closer to the floor of the House. The bill must be killed RIGHT NOW IN COMMITTEE. Contact information appears below.

SB 499 and HB 447 have some minor differences in language but they both contain the same myriad of humiliating restrictions on adoptee rights. In the Senate bill, an adopted adult can receive an original birth certificate now if he/she knows the identity of each parent on the original birth certificate, w/out obtaining a court order.

In the House bill, the state registrar may, if resources allow, on request provide to a person who was adopted before January 1, 2010, a noncertified copy of the person's original birth certificate only if an adopted person's birth parent has filed a contact preference form with the state registrar authorizing the release of a noncertified copy of the person's original birth certificate.

Otherwise, both bills are prospective beginning January 1, 2010. They both contain:

Disclosure vetoes and contact vetoes which give veto rights to birth parents who legally and irrevocably relinquish children to adoption. These veto sections effectively codify into law a birth mother’s right to prevent her “adoptee” from ever getting an original birth certificate.

A “contact preference form” which is a term from Oregon for a non binding ‘preference’; however, these bills use the form as a means to deny birth certificates to adoptees.

Mandatory counseling for the adoptee and his or her birth mother by a state-selected social worker or mental health professional with expertise in postadoption counseling. The bills require “verification of the counseling “in a form satisfactory to the state registrar.”

Just as a state registrar has great discretionary powers to approve the “matches” made by the state’s adoption registry, now the registrar will have a similar control over which adoptee/birth mother matches she will find have had “satisfactory counseling.”

No such verifications are required for the contact and disclosure vetoes though. Anyone can file a denial form, which is not a preference form at all, but now would have the force of law. Anyone at an agency, a well meaning relative, or someone with a grudge can file a denial form, no questions asked.

TEXT OF HB 4470: http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=HB4470

TEXT OF SB 499

http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=SB499

TEXAS COMMITTEE ON PUBLIC HEALTH

Contact Information

In order to send an email, you will need to go to each representative’s website listed below and submit your message there. I know this will take a few more minutes than our usual rapid cut/paste email, but this is how Texas works. You’ll have to paste your email 11 times instead of once. It’s not so bad.

Chair: Rep. Lois W. Kolkhorst
Capitol Office: EXT E2.318
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0600
District Address: P.O. Box 1867
Brenham, TX 77834
District Phone: (979) 251-7888

http://www.house.state.tx.us/members/email.php?dist=13&rep=lois%20W.kolkhorst

Vice Chair: Rep. Elliott Naishtat
Capitol Office: CAP GW.16
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0668
District Address: P.O. Box 2910
Austin, TX 78768
District Phone: (512) 463-0668

http://www.house.state.tx.us/members/email.php?dist=49&rep=elliott.naishtat

Rep. Garnet Coleman
Capitol Office: CAP GW.17
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0524
District Address: 5445 Alameda, Suite 501
Houston, TX 77004
District Phone: (713) 520-5355
http://www.house.state.tx.us/members/email.php?dist=147&rep=garnet.coleman

Rep. John Davis
Capitol Office: CAP 4S.4
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0734
District Address: 1350 NASA Parkway,, Suite 212
Houston, TX 77058
District Phone: (281) 333-1350

http://www.house.state.tx.us/members/email.php?dist=129&rep=john.davis

Rep. Veronica Gonzales
Capitol Office: EXT E1.324
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0578
District Address: 4900 North 10th Street,, Suite C-2
McAllen, TX 78504
District Phone: (956) 686-5501
http://www.house.state.tx.us/members/email.php?dist=41&rep=veronica.gonzales

Rep. Chuck Hopson

Capitol Office: EXT E2.708
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0592
District Address: 214 South Main
Jacksonville, TX 75766
District Phone: (903) 541-2250

http://www.house.state.tx.us/members/email.php?dist=11&rep=chuck.hopson

Rep. Susan King

Capitol Office: EXT E2.416
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0718
District Address: P. O. Box 2376
Abilene, TX 79604
District Phone: (866) 463-0718

http://www.house.state.tx.us/members/email.php?dist=71&rep=susan.king

Rep. Jodie Laubenberg
Capitol Office: EXT E2.504
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0186
District Address: 603 North Goliad
Rockwall, TX 75087
District Phone: (972) 772-8525

http://www.house.state.tx.us/members/email.php?dist=89&rep=jodie.laubenberg

Rep. Jim McReynolds
Capitol Office: CAP 1W.3
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0490
District Address: 203 South First, Suite A
Lufkin, TX 75904
District Phone: (936) 634-9786

http://www.house.state.tx.us/members/email.php?dist=12&rep=jim.mcReynolds

Rep. Vicki Truitt
Capitol Office: CAP GW.18
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0690
District Address: 1256 Main Street, Suite 248
Southlake, TX 76092
District Phone: (817) 488-4098

http://www.house.state.tx.us/members/email.php?dist=98&rep=vicki.truitt

Rep. John Zerwas
Capitol Office: EXT E2.316
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0657
District Address: P.O. Box 434
Simonton, TX 77476
District Phone: (281) 533-9042

http://www.house.state.tx.us/members/email.php?dist=28&rep=john.zerwas

STOP CALIFORNIA AB 372 NOW!

We are running on a very tight schedule here, so I'm posting CalOpen's AB 372 Action Alert here instead of writing up a separate one for BN. Bastard Nation is submitting it's testimony later today.

NOTE: As of this posting, the official Ma amendments are not available.

Help us defeat this abomination!

* * * CALIFORNIA OPEN ACTION ALERT * * *
PLEASE DISTRIBUTE FREELY

Issued April 20, 2009

URGE THE CALIFORNIA STATE LEGISLATURE
ASSEMBLY JUDICIARY COMMITTEE
TO VOTE NO ON AB 372

DEADLINE FOR YOUR LETTER TO BECOME A PART OF THE RECORD: 5 PM PST TUESDAY, APRIL 21st, 2009
(Even if you miss the deadline, please continue to send your letters and e-mails.)

On Tuesday, April 28th, 2009 AB 372 will come before the California State Legislature's Assembly Judiciary Committee. Assembly Bill 372 would require State Notification to birthparents of an adoptee's request for their record and the birthparent's Consent to Disclosure and Release of the Original Birth Certificate to the adoptee. Until the amendments are viewed, it is not known who would fund the notification. Perhaps that would be the responsibility of the adoptee making request.

WE MUST ACT NOW TO DEFEAT AB 372 AND LEAVE CLEAR THE PATH FOR A RIGHTS DRIVEN OPEN RECORDS BILL. DO NOT ALLOW A MISGUIDED ATTEMPT TO WORK WITHIN AND EXPAND AN EXISTING DISCLOSURE VETO, UNDER THE GUISE OF "PRIVACY RIGHTS", TO ESTABLISH FURTHER PRECEDENT IN THE STATE OF CALIFORNIA! NO MORE BAD LAW ON THE BOOKS!

VIEW UPCOMING AMENDMENTS TO AB 372: http://www.calopen.org/MaMemoRE_AB372.pdf

FAX, PHONE and E-MAIL the Assembly Judiciary Committee to vote NO on AB 372.
A SAMPLE LETTER on how to direct your comments to the Committee can be found here:
http://www.calopen.org/lobby.shtml

We urge all California residents to ATTEND THE HEARING.
http://www.calopen.org/attend.shtml

You can watch and listen LIVE to the hearing via the internet:
Tuesday, April 28th, 2009
Room Number 4202
8:00 AM (PST)
http://www.assembly.ca.gov/committee_hearings/defaulttext.asp
(Click on Committee Room List)

PLEASE PHONE, FAX AND E-MAIL the members of the Assembly Judiciary Committee:
http://www.calopen.org/asmjudy.shtml

RAPID E-MAIL CUT-N-PASTE
Assemblymember.Feuer@assembly.ca.gov;
Assemblymember.tran@assembly.ca.gov;
Assemblymember.Brownley@assembly.ca.gov;
Assemblymember.Evans@assembly.ca.gov;
Assemblymember.jones@assembly.ca.gov;
Assemblymember.Knight@assembly.ca.gov;
Assemblymember.Krekorian@assembly.ca.gov;
Assemblymember.Lieu@assembly.ca.gov;
Assemblymember.Monning@assembly.ca.gov;
Assemblymember.Nielsen@assembly.ca.gov;
info@calopen.org

YOU LETTERS AND PHONE CALLS DO MAKE A DIFFERENCE!

California Open and Coalition Partners thank you for your activism!
www.calopen.org

CalOpen is Back! Please visit their page

A clean open records bill is scheduled to be introduced into the California legislature soon. This is not a Bastard Nation or California Open bill. California Open, however, has regrouped to keep the language of the bill clear of all compromise.

Below is an action alert issued by CalOpen that we are forwarding our California members. We will send your other notices from CalOpen as time goes on. We urge you to contact CalOpen and work with them. Thanks.

Marley Greiner
Exe. Chair
Bastard Nation: the adoptee rights organization

February 10, 2009

California adult adoptees and their supporters gather again under the banner of California Open!
A legislative movement is underway in California to restore access of the Original Birth Certificate (OBC) to adult adoptees. A State Assembly bill will soon be introduced. It is a clean bill, with no conditions. We here at California Open gather again to keep the language clean and unencumbered by conditional amendments.

California adult adoptees and their supporters are speaking in a reasoned voice through Cal Open in the Capitol Halls and Committee Chambers. We hold the accurate historical background of record sealing and understand California's rights on privacy. Our position is clear: California Adult Adoptees have a right to the records of their own births, second to none.

Please view our No Veto Resolution.

Join us today, as we come forward.
www.calopen.org


CALIFORNIA OPEN

Nina Greeley, JD
Joseph Wood, JD
Jean Uhrich, BS
Imogene Speed

This afternoon five phony Bastard Nation emails, under the subject Bastard Nation Action Alert were sent out.

Bastard Nation has sent no action alerts. These emails are empty and have no attachments.

Please delete them without opening them.

Appropriate abuse authorities have been notified.

Thanks.

Marley