Section 0250-07-07-.04 - FEES AND CHARGES FOR ADOPTION RECORD INFORMATION(1) 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 or $50.00 for each additional record requested in order to defray the additional administrative costs associated with the verification and review of the record necessary to confirm eligibility. A fee of $50.00 will be charged for providing access to a post-adoption record which is requested and which, prior to the 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. When the eligible person has had access to or has in their possession a copy of the sealed record, sealed adoption records, or post- adoption records file and is requesting only a letter of authorization to use in obtaining other records from other information sources, the fee for such letter will be $50.00. After the initial request for service has been made, any subsequent service request will incur a fee of $50.00.
(2) A fee of .25 cents per page will be charged for the costs of copying any records requested.(3) The person(s) requesting access 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) Fee Waiver (a) Fee waiver determinations will be made only upon request of the individual after notice by the Department of the fee required following receipt of the person's written request.(b) No fee will be charged to any person who receives Temporary Assistance for Needy Families (TANF) or any other means-tested cash assistance program which may replace TAN F, 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 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.(5) Payments for records searches shall be made to the Department of Children Services, Adoption Services, 436 6th Avenue North, Nashville, Tennessee 37243-1290. Payments by mail may be made by personal check, cashier's check, or money order payable to the Department of Children Services at this address. Cash will be accepted only when hand-delivered to the Adoption Services section at this address.(6) All fees or other charges shall be deposited with the State Treasurer in accordance with the provisions of T.C.A. § 9-4-301.(7) Fees for service will be charged for each service requested on behalf of, or by each individual who requests service.Tenn. Comp. R. & Regs. 0250-07-07-.04
Original rule filed December 14, 1995; effective February 26, 1996. Rule assigned a new control number, removed and renumbered from 1240-7-7-.04 filed and effective March 25, 1999. Amendment filed September 7, 2001; effective November 21, 2001.Authority: T.C.A. §§ 4-5-202, 4-5-226(b)(2), 36-1-101 et seq., 36-1-102, 36-1-127, 36-1-141(a) and (d), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Public Acts of 1995, Chapter 532, House Bill 406.