jy1977 wrote:
Yes, it is completely possible to see one's Long-form BC. If one orders a Certified copy of a Birth Certificate, he or she will what Obama allegally posted whch is COLB. However, Hawaii Law allow for public inspection of all records pertaining your birth which would include a long-form BC. Assuming you qualify under the requirements of the Hawaii Statute, there is no way Hawaii can deny you your long-form BC. If they do, then they are breaking the law.
So exactly what Hawaii law would say that? Would you be referring to §338-18?
Edit: I see my guess was correct from your subsequent post.
Quote:
§338-18 Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.
(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record:
(1) The registrant;
(2) The spouse of the registrant;
(3) A parent of the registrant;
(4) A descendant of the registrant;
(5) A person having a common ancestor with the registrant;
(6) A legal guardian of the registrant;
(7) A person or agency acting on behalf of the registrant;
(8) A personal representative of the registrant’s estate;
(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;
(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child’s natural or legal parents;
(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;
(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and
(13) A person who needs a death certificate for the determination of payments under a credit insurance policy.
(c) The department may permit the use [of] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.
(d) Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
(e) The department may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than seventy-five years prior to the current year.
(f) Subject to this section, the department may direct its local agents to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies. Payment by these agencies for these services may be made as the department shall direct.
(g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2) A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;
(3) A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L 1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2]
Gee, nothing in there about "requiring" the DOH to allow inspection is there? It just tells us who cannot order a COLB.
Then of course here is what
Janice Okubo said:
Quote:
Birth certificate styles adjust to fit times and regulations
Question: What is the state’s policy for issuing a “Certification of Live Birth” versus a “Certificate of Live Birth”? My first, second and fourth children received certificates, but my third and fifth children received certifications. Why the difference? The certificate contains more information, such as the name of hospital, certifier’s name and title; attendant’s name and title, etc. The certification has only the child’s name, date and time of birth, sex, city/island/county of birth, mother’s maiden name, mother’s race, father’s name and father’s race. Why doesn’t the state just issue certificates? When did it stop issuing certificates? Is it possible to obtain certificates for my third and fifth children?
Answer: No, you can’t obtain a “certificate of live birth” anymore.
The state Department of Health no longer issues copies of paper birth certificates as was done in the past, said spokeswoman Janice Okubo.
The department only issues “certifications” of live births, and that is the “official birth certificate” issued by the state of Hawaii, she said.
Okubo explained that the Health Department went paperless in 2001.
“At that time, all information for births from 1908 (on) was put into electronic files for consistent reporting,” she said.
Information about births is transferred electronically from hospitals to the department.
“The electronic record of the birth is what (the Health Department) now keeps on file in order to provide same-day certified copies at our help window for most requests,” Okubo said.
Asked for more information about the short-form versus long-form birth documents, Okubo said the Health Department “does not have a short-form or long-form certificate.”
“The birth certificate form has been modified over the years and decades to conform to national standards and models,” she said.
Okubo also emphasized the certification form “contains all the information needed by all federal government agencies for transactions requiring a birth certificate.”
The State of Hawaii determines in what manner manner "authorized persons" are given access to the vital statistic data that they are authorized access and in the case of birth data it is the COLB and the index data. That has been the case since 2001.
You do have the choice of receiving a verification. The DOH explains what that entails:
Quote:
Letters of Verification
Letters of verification may be issued in lieu of certified copies (HRS §338-14.3). This document verifies the existence of a birth/death/marriage/divorce certificate on file with the Department of Health and any other information that the applicant provides to be verified relating to the vital event. (For example, that a certain named individual was born on a certain date at a certain place.) The verification process will not, however, disclose information about the vital event contained within the certificate that is unknown to and not provided by the applicant in the request.
Letters of verification are requested in similar fashion and using the same request forms as for certified copies.
The fee for a letter of verification is $5 per letter.
Certified copies are defined in §338-13:
Quote:
§338-13 Certified copies. (a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.
(b) Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original, subject to the requirements of sections 338-16, 338-17, and 338-18.
(c) Copies may be made by photography, dry copy reproduction, typing, computer printoutor other process approved by the director of health. [L 1949, c 327, §17; RL 1955, §57-16; am L Sp 1959 2d, c 1, §19; HRS §338-13; am L 1978, c 49, §1]
See, the DOH can choose the format and since 2001 they have chosen the "computer printout" option as Ms Okubo explained.
What does the certificate look like? Check §338-11 Form of certificates:
Quote:
§338-11 Form of certificates. The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. In addition, the forms of death certificates shall require the individual’s social security number. The form and use of the certificates shall be subject to sections 338-16 to 338-18. [L 1949, c 327, §15; RL 1955, §57-14; am L Sp 1959 2d, c 1, §19; HRS §338-11; am L 1997, c 293, §17]
Hawaii, like most states has moved to certificates that provide fewer details than were provided years ago. I hope this helps clarify things for you jy1977.