(a) Notification of placement.  Placement providers and contractors of residential care are advised regarding possible placement of a child in Oklahoma Department of Human Services (OKDHS) custody who is Human Immunodeficiency Virus (HIV) infected.

• (1) Contractors of residential care.  OKDHS contractors for residential care must have policy and procedures that prohibit discrimination toward children with HIV infection.  Per Section 1-502.1 of Title 63 of the Oklahoma Statutes (63 O.S. § 1 502.1), private providers of residential care for children, excluding foster parents, must establish written policy and procedures for addressing the medical and security needs of children who are at risk for HIV infection or medically diagnosed with Acquired Immune Deficiency Syndrome (AIDS).  Required written policy and procedures include, but are not limited to:
  • (A) universal precautions for preventing transmission of communicable diseases;
  • (B) staff education and training on AIDS and HIV infection;
  • (C) nondiscrimination clause for children who have any contagious disease, including HIV infection;
  • (D) statement of confidentiality and procedures for obtaining informed written consent for testing and release of HIV test results, including disclosure to others, that is consistent with Part 9 of OAC 340:75-1;
  • (E) guidelines for determining when children are offered serologic testing;
  • (F) guidelines to educate children about the transmission of HIV infection and precautions to prevent transmission; and
  • (G) procedure for separate and confidential case records on the health status of children who are:
    • (i) tested for HIV;
  • (ii) HIV seropositive; or
  • (iii) medically diagnosed with AIDS.
• (2) Foster parents.  Foster parents must utilize universal precautions for preventing transmission of communicable diseases.

(b) Disclosure to placement providers.  Per 10 O.S. § 7003-5.4, OKDHS must disclose the child's HIV test results, after obtaining authorization per OAC 340:75-1-116, to the placement provider.  Disclosure of confidential HIV-related information to the placement provider must be accompanied by the required written statement, dated and signed by the placement provider and a copy filed in the child's separate and confidential case record, per OAC 340:75-1-114.

(c) Disclosure from contracted placement providers.  HIV-related information disclosure to an OKDHS employee by a placement provider must be obtained with written consent for release per OAC 340:75-1-116.