Birth Moms Demand Adoption Records Group Says County Is Illegally Withholding Information; Clerk Pledges Review

Spokane County Clerk Tom Fallquist is re-evaluating the way his office releases some adoption records after a group of birth mothers claimed certain information is being withheld illegally.

Fallquist also is reviewing the performance of the employee in charge of fulfilling requests for such data amid complaints she has treated some birth mothers rudely.

Carol Hammer, a 15-year county employee, is still working pending the outcome of the review, Fallquist said Wednesday.

“I’m taking their issues seriously,” he said. “At the same time, I’m going to be fair to my employee. I’m also not going to do anything that exposes the county to any liability as far as the records go.”

At issue are documents containing “nonidentifying” information about adoptive parents, birth parents and children who have been adopted.

The data, gathered at the time of the adoption, includes the ethnic backgrounds of those involved, their religions, occupations, the medical and genetic history of the birth parents and the circumstances leading to the adoption, among other things.

Last week, a group of sign-carrying birth mothers picketed outside the County Courthouse, saying Hammer was withholding the information from them in violation of state law.

The group included members of the Seattle-based National Council of Birthmothers and the Washington State Triad Group, an organization that provides support to birth parents, adoptive parents and adoptees.

“The law is very clear,” Terri Leber, president of the Council of Birthmothers, said in a telephone interview this week. “It requires just a simple request in writing for us to receive the information.”

Fallquist said Wednesday the issue is not that clear.

“The statute states we `may’ give out the information,” he said. “It does not say we `shall.”’

It’s an important distinction, Fallquist said.

Government officials in charge of adoption records have a duty to protect the confidentiality of all the people involved in the process, he said. Some information classified as “nonidentifying,” such as first names of adoptive parents, may provide clues to someone’s identity if the requesting party has other information, he said.

“I’m sorry that somebody is unhappy with the service they’re getting here, but that happiness has to be balanced with our responsibility to protect the privacy of everyone involved in these matters,” Fallquist said.

Leber said there are other problems with Spokane County’s system.

Forms used to request records contain blanks for the names of adoptees and adoptive parents but not birth parents, she said. “That’s discriminatory right there,” Leber said.

In addition, at least four birth mothers claim Hammer has been rude when they contacted her regarding the information, Leber said.

“She tells them `no’ and does so in a very abusive manner,” Leber said. “Her demeanor changes when she finds out you’re a birth mother. She’s rude and dismissive.”

Karan Rau of College Place, Wash., claims to have had a run-in with Hammer.

“It was a very bad experience,” said Rau, who called Spokane County last year looking for information about the son she gave up for adoption two decades ago. “She said, `Oh you girls, you know I can’t give you that.’ That was demeaning to me. I wasn’t a girl 20 years ago when I gave birth to my son, and I’m not a girl now.”

Citing Fallquist’s ongoing review of her job performance, Hammer had little to say about the allegations Wednesday.

“I don’t have any comments at this time, other than to say my heart is beating fast,” Hammer said. “Indeed, they are heavy allegations.”

Fallquist said other people who have dealt with Hammer have praised her work.

“I’ll be sitting down with her soon to discuss this issue,” he said. “A lot of these things supposedly happened on the telephone, so it’s going to be their word against her word. How can I trace something that’s telephonic?”

In the meantime, Fallquist said he is researching how other counties around the state handle the release of nonidentifying information.

He also has talked to local judicial officers to get a legal opinion.

In the future, he said, he may require that requests for such information be taken to a judge or other legal authority for an opinion before his office releases the information.

“I’m trying to determine if there’s a better way to process requests,” said Fallquist, who met with Leber and another birth mother representative last week to discuss the issue. “It isn’t something so hard that we can’t work it out. I have given them an invitation to meet with me again in person or by conference call.”

Rau said it’s important that the issue is resolved.

“With the nonidentifying information, I can say I have a son and his name is this,” said Rau, who eventually got the information she was seeking by going over Hammer’s head. “It’s just information that lets you know who raised your child. When you give them up, they tell you you eventually won’t have feelings for them, but you do have feelings for this child. I just wanted to know the truth.”