Per Sections 7003-5.2 and 7003-5.4 of Title 10 of the Oklahoma Statutes (10 O.S. § 7003-5.2 and 7003-5.4), authorization for Human Immunodeficiency Virus (HIV) testing or to release the results of HIV testing may be obtained by informed written consent or court order.

• (1) The Child Welfare (CW) worker obtains informed written consent, if possible.  Separate consents must be obtained for testing and for release of test results.
  • (A) Informed written consent for a child, regardless of age, in emergency or temporary Oklahoma Department of Human Services custody, must be obtained from the child's parent(s) or legal guardian.
  • (B) Informed written consents, one for HIV testing and one for release of HIV test results, are obtained by the CW worker when explaining to the child and his or her parent(s) or legal guardian:
  • (i) the need for HIV testing;
  • (ii) medical procedures to be conducted;
  • (iii) confidentiality of HIV testing and disclosure of results;
  • (iv) time frames for HIV test results;
  • (v) reasons HIV test results are provided to the CW worker and placement provider;
  • (vi) other persons who have a need to know about the child's HIV-related information, per 10 O.S. § 7005-1.4; and
  • (vii) how HIV is transmitted and necessary precautions, including universal precautions.
• (C) The CW worker uses Form DCYFS-8 (new form number 04MP001E), Consent for Release of Information, to obtain informed written consent per OAC 340:75-1-114.  A copy of completed Form DCYFS-8 (new form number 04MP001E) is maintained in the child's HIV-related case record and includes:
  • (i) type of consent, whether for testing or for disclosure of confidential HIV related information;
  • (ii) to whom consent or disclosure is authorized; and
  • (iii) purpose for consent or disclosure.
• (2) When informed written consent from the parent(s) or legal guardian of the child in emergency or temporary OKDHS custody cannot be obtained, the county director or designee may consent for testing and disclosure of test results.
• (3) The county director or designee may consent for testing and for release of test results for a child in permanent OKDHS custody.
• (4) Any parental consent received by OKDHS, per 10 O.S. § 7003-5.4, applies to any future examination or tests and release of such results as deemed necessary by OKDHS upon the request of placement providers