Birth & Death Processes

1. Birth & Death Processes Copy Requests, Fees & Security Paper

2. Certified Copies/Authorized Persons • Informational Only Copies – Issued from State Database • Fees • Security Requirements

3. H&S 103526(c): For purposes of this section, an "authorized person" is any of the following: (1) The registrant or a parent or legal guardian of the registrant. (2) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. (3) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. (4) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. (5) An attorney representing the registrant or the registrant's estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate. (6) Any agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of any individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100. Who’s Authorized???

4. Are the following individuals authorized persons? • Step-parents • Aunts/Uncles • Cousins • Godparents • Foster parents • Ex-Spouses • Persons w/ Power of Attorney

5. Certified Copies/Authorized Persons • 103526. (a) If the State Registrar, local registrar, or county recorder receives a written or faxed request for a certified copy of a birth or death record pursuant to Section 103525, or a military service record pursuant to Section 6107 of the Government Code, that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy of a notarized statement sworn under penalty of perjury, that the requester is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant in accordance with Section 103525 and in accordance with Section 6107 of the Government Code. If a written request for a certified copy of a military service record is submitted to a county recorder by fax, the county recorder may furnish a certified copy of the military record to the applicant in accordance with Section 103525. A faxed notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth or death record or a military service record shall be legible and, if the notary's seal is not photographically reproducible, show the name of the notary, the county of the notary's principal place of business, the notary's telephone number, the notary's registration number, and the notary's commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary's signature in the acknowledgment. If a request for a certified copy of a birth or death record is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. (b) In all other circumstances, the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." The legend shall be placed on the certificate in a manner that will not conceal information.

6. Informational Copies 103256(b) In all other circumstances, the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." The legend shall be placed on the certificate in a manner that will not conceal information. 103256(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from any source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database.

7. Tell me….. An individual is applying for an authorize copy of a birth or death record. The law requires the individual to show valid identification?

8. Tell me….. You receive a request by mail from an authorized individual, but without a sworn statement, does the law require you to automatically send an Information only copy?

9. Tell me….. A representative from a foreign Consulate requests an authorized copy of a death certificate for official business. Being a government agency, the copy would be issued pursuant to California Law?

10. Tell me….. An agent of a funeral home requests an authorized copy of a birth certificate for the family of the deceased. What would be required to comply with the request?

11. Tell me….. An attorney service is requesting an authorized copy of a birth record on behalf of his client. The request is submitted on the proper application and accompanied by the sworn statement. Would you issue the copy to the attorney service?

12. Tell me….. An individual requests an authorized copy of a birth record, signs under penalty of perjury to be the mother of the child. Reviewing the record, the mother’s name is different on the birth record. Would you issue the copy?

13. Fees BIRTH - General Public H&S Code, § 103625(b) and $6.00 $5.10 Retained by issuing agency (85%) H&S Code, § 100430 $ .90 To State Registrar each month (15%) H&S Code, § 103625(f) and $3.00 $1.65 Retained by issuing agency (55%) H&S Code, § 100430 $1.35 To State Registrar each month (45%) H&S Code, § 103525.5 $1.00 $0.35 Retained by issuing agency $0.65 To State Registrar each month - Surcharge: Welfare & Institutions (W&I) Code, $4.00 $ 0.40 Retained by issuing agency (10%) § 18966 and H&S Code, § 103625(b) $ 3.60 To County Children’s Trust Fund (90%) Total Fee $14.00 BIRTH - Government Agency H&S Code, § 103625(b) and $6.00 $5.10 Retained by issuing agency (85%) H&S Code, § 100430 $ .90 To State Registrar each month (15%) H&S Code, § 103625(f) and $3.00 $1.65 Retained by issuing agency (55%) H&S Code, § 100430 $1.35 To State Registrar each month (45%) H&S Code, § 103525.5 $1.00 $0.35 Retained by issuing agency $0.65 To State Registrar each month Total Fee $10.00 DEATH – Government Agency & General Public H&S Code, § 103625(a) and $6.00 $5.10 Retained by issuing agency (85%) H&S Code, § 100430 $ .90 To State Registrar each month (15%) H&S Code, § 103625(f) and $3.00 $1.65 Retained by issuing agency (55%) H&S Code, § 100430 $1.35 To State Registrar each month (45%) H&S Code, § 103525.5 $1.00 $0.35 Retained by issuing agency $0.65 To State Registrar each month - Surcharge: $2.00 $0.10 Retained by issuing agency (5%) Penal Code, 1425110 $1.90 To DOJ Missing Persons DNA Data Base Fund (95%) Total Fee $12.00

14. Security • 103526.5. (a) Each certified copy of a birth or death record issued pursuant to Section 103525 shall include the date issued, the name of the issuing officer, the signature of the issuing officer, whether that is the State Registrar, local registrar, county recorder, or county clerk, or an authorized facsimile thereof, and the seal of the issuing office. (b) (1) All certified copies of birth and death records issued pursuant to Section 103525 shall be printed on chemically sensitized security paper that measures 81/2 by 11 inches and that has the following features: (A) Intaglio print. (B) Latent image. (C) Fluorescent, consecutive numbering with matching barcode. (D) Microprint line. (E) Prismatic printing. (F) Watermark. (G) Void pantograph. (H) Fluorescent security threads. (I) Fluorescent fibers. (J) Any other security features deemed necessary by the State Registrar.

15. Storage and Usage of Paper • Security procedures for banknote paper requires the county recorder and county clerk ( where applicable) to take every precaution to ensure that uniform and consistent standards are used statewide to safeguard the security paper. OVR makes a distinction between “stored” and “ in use” security paper. Security paper that is “in use” is not considered “stored”.

16. Storage and Usage of Paper The following measures shall be followed for “stored” paper: • Upon receipt of the paper from the vendor, the serial numbers and quantity of paper should be inventoried and cataloged in a log. • The security paper must be stored in a locked depository and may not be accessible to unauthorized staff or visitors.

17. Storage and Usage of Paper • When an authorized person removes paper from the locked depository, their entry and exit must be recorded on the log along with the serial numbers of the security paper that is being removed.

18. Storage and Usage of Paper • All spoilage shall be accounted for and subsequently destroyed by shredding on the premises. For counties with several offices, this may be the main building. The intent is that the paper may not be sent to an outside vendor for shredding. Shredding may be contracted if it is done on the premises. • Counties may use additional security measures as necessary.

19. Storage and Usage of Paper The following measures shall be followed for paper that is considered “ in use”: • Each employee must account for all paper used during the day on a usage sheet. • Security paper that is in use should be supervised at all times. • Staff should not leave security paper unattended and/or unsupervised.

20. Storage and Usage of Paper • Paper that is being used in printing or other certificate reproduction devices is not considered to be “stored” while in use. However, paper left in devices overnight or left unsupervised by vital records employees when others are present is considered to be “stored”.

21. Storage and Usage of Paper • If any error occurs when printing, the paper must be marked “void” and the serial number shall be noted in the log. All voided copies must be shredded on a regular basis. Shredding must be done on site. Each county should develop their own shredding procedures based on their volume of spoilage. All spoilage must be kept secure until shredded.

22. Storage and Usage of Paper • A visitor may be defined as any person visiting the office in a brief capacity for business, social or friendship reasons. Visitors may also be employees of the organization that do not normally work in the secured area.

23. Question & Answer