[michellemartin]

Great letter Christine. If you also get it before I do, please forward it to me. I looked and my email isn't on my profile so I'll pm it to you also.

[Volfe]

That is a very good letter!

I am going to try to call the atty generals office in MO to find out what this law is (or is there no law)? Also the MO DHS as well.
They claim to be based in that state and subject to those laws. I thought if a company crossed state lines, it needed a new business license in each state AND to follow each states laws?

I am so angry!

My boss walked in on the phone call at the end (where i requested the full name, she refused at first and then told them at the end I would call them back). I will be finding out what city they are head quartered in... and sending a letter to the editor

but I need to finish this other letter first (about libel and whatnot).

Maia

I will ask them to mail a copy of their adoption policy to me as well.

[numbr1dbcksfan]

I was going to be more threatening, but I would rather SEE the policy first. LOL I am so mad right now....this is WAY out of line!

[michellemartin]

I'm thinking I might talk to a lawyer after all, if not to sue them to at least get them to change their policies. I just hope I have a copy of their policy before my next day off- monday. I'm going to stop at the hospital in a few minutes to get their adoption policy also. I just hope I'm not late for work!! I have to be in in 2 hours

[Volfe]

I meant to say, my boss said I'd hafta tell her about it later (after I calmed down). I always have interesting stuff to tell her!

Shellie did you email me? I know what they will ask. I might have to check if I have a tape in the tape machine (legal in this state to tape YOUR conversation).


Maia

[michellemartin]

Well, I pm'd you Just got home a bit ago. The hospital told me to look on the website for their policy, cause they dont have it in a book that I could just copy it from. So I'm stopping in at their website, too, all before bed. I'm thinking the adoption was info they probably didnt need to share. I'm going to find the adoption law for WI also, and probably print it out and read it in the morn...

[michellemartin]

OK I know this is long but here is the list of people they can disclose info to...

48.195(2)(d)
(d) Any person who obtains any information relating to the relinquishment of a child under sub. (1) shall keep that information confidential and may not disclose that information, except to the following persons:

48.195(2)(d)1.
1. The birth parent of the child, if the birth parent has waived his or her right under par. (a) to remain anonymous, or the adoptive parent of the child, if the child is later adopted.

48.195(2)(d)2.
2. Appropriate staff of the department, county department, or licensed child welfare agency that is providing services to the child.

48.195(2)(d)3.
3. A person authorized to provide or providing intake or dispositional services under s. 48.067, 48.069, or 48.10.

48.195(2)(d)4.
4. An attending physician for purposes of diagnosis and treatment of the child.

48.195(2)(d)5.
5. The child's foster parent, treatment foster parent, or other person having physical custody of the child.

48.195(2)(d)6.
6. A court conducting proceedings under s. 48.21, proceedings relating to a petition under s. 48.13 (2m) or 48.42, or dispositional proceedings under subch. VI or VIII relating to the child, the county corporation counsel, district attorney, or agency legal counsel representing the interests of the public in those proceedings, or the guardian ad litem representing the interests of the child in those proceedings.

48.195(2)(d)7.
7. A tribal court, or other adjudicative body authorized by an American Indian tribe or band to perform child welfare functions, that is exercising jurisdiction over proceedings relating to the child, an attorney representing the interests of the American Indian tribe or band in those proceedings, or an attorney representing the interests of the child in those proceedings.


NO WHERE IN HERE do I see that a photo company should be hearing of any relinquishment/adoption. I'm going to call them again on Fri since I have to be to work at 10 tomorrow, I'm gonna be tired.

[79nic]

Shellie....

SO SORRY this is happening to you.

I am outraged...... at the time hospital pics are taken, the birthmom IS the only mom. It's insane to not give her the photos.......

I was never even offered hospital pics when Marie was born.

Keep fighting....
Nicole

[numbr1dbcksfan]

LOL Nic-- to be honest, I wasnt offered them either....I stayed my extra day (since I legally can stay for 48 hours) AND I sat in my room until they sent the photo people up..... Very interesting that I didnt have to do that with my first daughter....I never thought about it until now...I wonder if it WAS because of the adoption.....

Christine

[Volfe]

WI law:

I had a question about what "intake and dispositional services" were. This has been clarified here: http://www.legis.state.wi.us/lrb/pubs/Lb/01Lb1.pdf
(I cannot copy the text from this pdf ) It is COURT intake and dispositional services. The paragraph above this bulleted section describes a birth parents rights to anonymity... The bulleted section is about who can know about the relinquishment. All of this is taken from Safe Haven law. I will stress that the hospital was negligent in this and need to cease and desist from further revealing the adoption plans of other mothers to this photo company.

The photo company should not need this discriminatory policy since they are not supposed to ever get this information...

Could you get a lawyer to at least write a letter? All those letterheads and seals get so impressive to the readers...

I emailed you about all my phone calls. Not sure I should post it publicly (even minus names).

Hugs!

Maia

[Volfe]

and here (all statutes)
http://www.legis.state.wi.us/rsb/stats.html

[numbr1dbcksfan]

I copied for ya!

–
ANONYMITY
A parent who relinquishes a newborn child has the right to remain anonymous unless
there is a reasonable cause to suspect that the child is a victim of abuse or neglect. Anonymity
includes the following provisions: 1) no person may induce or coerce the parent into revealing
his or her identity; 2) the parent may leave the presence of the individual taking custody without
being followed or pursued; and 3) no officer, employee, or agent of this state or of any of
its political subdivisions may attempt to locate or learn the identity of the parent. Any person
who assists the parent in relinquishing the child also has the same right to remain anonymous,
except when there is cause to believe the child is a victim of abuse or neglect or that the person
assisting the parent has coerced the parent into relinquishing custody.
CONFIDENTIALITY
Any person who obtains information on the relinquishment of a child may not disclose
that information except to the following:

a birth parent who has waived anonymity or the child’s adoptive parent;

the staff of the Department of Health and Family Services or any county
human or social services department or licensed child welfare agency
that provides services to the child;

persons performing juvenile court intake or dispositional services;

the attending physician;

the child’s foster parent or any other person who has physical custody of
the child;

a juvenile court or an American Indian tribal court that conducts proceedings
relating to the child;

the attorney representing the interests of the public or the tribe in those
proceedings; or

the attorney representing the interests of the child.

[BrandyHagz]

One thing that hasn’t been addressed I don’t think is if the agency advised the company of the adoption status.

The reason I ask is; I specifically remember signing something stating that the agency would “represent” me at the hospital regarding all “custody” issues.

I took that to mean that they would answer all the hard questions, so that I didn’t have to deal with it.

I was never approached with anything…not even when it came to naming her (this was eight years ago) until I specifically asked about it…that’s when I was advised that the agency had been handling everything.

Is it possible that the agency approached the company and advised them that it was an adoption situation, and that they need not approach you?

I don’t know what that would mean in regards to privacy and such…but it certainly puts another spin on things, if in fact the word came down from the agency staff, rather than someone at the hospital/birthing center.

It’d be nice if hospitals had a “Birthmothers Bill of Rights” for anyone that is considering an adoption plan, so they know what they can, and cannot do.

[numbr1dbcksfan]

I see what you are saying Brandy....but Shellie said that they told her that the HOSPITAL informed them...and when she said that other birthmothers got their pictures they told her that the HOSPITAL must not have informed them of the adoption.....
If it was indeed the agency....maybe I think that could be different!

[michellemartin]

Well I was the one who informed my doctor it was an adoption plan. The staff also knew this. The only time anyone from the agency came, was to escort the adoptive parents from the hospital- hospital policy, which I also felt was very wrong in our situation, since I left the hospital with them and they drove me home. But the particular hospital I was at had a baby selling incident in their parking lot a few years ago. BTW no hospital staff walked down with us, just the girl from the agency. The agency didnt have any contact with the photo company, and seemed a bit suprised that I asked them to send in the letter. I dont think its something they've ever encountered before.

I also got to answer all the hard questions. The agency social worker offered to be there with me when the hospital social worker came in, but I said I could handle her questions alone, so the agency wasnt involved in that either. Basically all the agency did was get the acouple and I together and take care of all the stuff relating to the guardian at litem and TPR.

I was also upset that on the photo company she is listed baby no name, when in fact she had a name, the acouple and I named her together.

The other thing I was planning to do was to get just any old lawyer to send back in their stupid form saying I can get the photo. When I talked to the girl (S) she said I needed a letter from the agency OR the lawyer. How the **** would they know which agency/lawyer I went through. I was even thinking I would just make up some cute letterhead all on my own and see if that passes through their oh so tight security of baby pictures. But really how would anyone recognize the adult she will become by one little baby picture.