Section 0250-07-12-.07 - FEES AND CHARGES FOR RECORDS ACCESS AND FILING OF CONTACT VETOES, CONTACT AND OTHER SERVICES(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.Tenn. Comp. R. & Regs. 0250-07-12-.07
Original rule filed October 26, 2001; effective January 9, 2002.Authority: T.C.A. § 36-1-101 et seq., Public Chapter 1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054 (1996).