42-2-217. Registry search -- request -- affidavit.
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42-2-217 . Registry search -- request -- affidavit.
(1)The following persons may at any time request that the department search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a proceeding to terminate parental rights:
(a)a representative of the department;
(b)a representative of an agency when the agency is or may be arranging an adoption;
(c)a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or
(d)any woman who is the subject of a registration.
(2)Upon request of a person listed in subsection (1), the department shall submit an affidavit pursuant to the requirements of subsections
(4)and (5).
(3)A request for information about a registration from the department must be in writing.
(4)Not later than 5 days after receiving a request for a registry search, the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.
(5)Whenever the department finds that one or more putative fathers are registered, the department shall:
(a)submit a copy of each registration form with the department's affidavit; and
(b)include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.
(6)A court may not issue an order terminating parental rights unless the department's affidavit under subsection
(5)is filed with the court.