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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 15. Adoptions > 9. Confidentiality
340:75-15-9. Confidentiality
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Revised 12-1-10

 • 1-3

     Section 7505-1.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 7505-1.1) requires that all papers and records pertaining to adoption are confidential except as authorized by Sections 7504-1.2, 7505-6.6, 7508-1.2, and 7508-1.3 of Title 10 or upon order of a court of record for good cause shown.  The adoption case record includes the child's case file and the adoptive family resource files.  These files are adoption records once they become part of an authorized adoptive placement, per OAC 340:75-15-103.

  • (1) Disclosure of medical and social history.  Pursuant to 10 O.S. § 7504-1.2, when a minor is in OKDHS legal custody, his or her medical and social history may be disclosed to the prospective adoptive parent without any agreement and without redacting identifying information when the prospective adoptive parent is a kinship or relative caregiver for the minor, or the minor has lived in the prospective adoptive parent's home for two or more years, unless OKDHS determines redaction of such information is in the best interest of the child.
  • (2) Oklahoma Commission on Children and Youth (OCCY) access to pre-adoption or adoption records.  Pursuant to 10 O.S. § 601.6, OCCY may access, examine, and copy OKDHS Child Welfare records.  This includes records regarding the transition of the child in the custody of OKDHS into adoptive placement from foster care status.  Pursuant to 10 O.S. § 7505-1.1, adoption records are confidential and not open to inspection except for good cause shown and upon an order of the court of record.  • 3
  • (3) Adoption assistance records.  All records regarding adoption assistance are confidential.
  • (4) Oklahoma Mutual Consent Voluntary Registry.  Certain types of non-identifying information may be released when Form 04CI002E, Oklahoma Mutual Consent Voluntary Registry, is submitted by an adoptive family or adult adoptee, per OAC 340:75-15-132.

 

INSTRUCTIONS TO STAFF 340:75-15-9

 

Issued 12-1-10

 

1.   Storage of adoption files.  Adoption records are stored in locked files or desks to ensure confidentiality.  After an adoption is finalized for a child placed by Oklahoma Department of Human Services (OKDHS), the adoption record, including the child's birth family record, adoptive placement record, and the adoptive resource file, is stored in locked storage in the Children and Family Services Division (CFSD), Post-Adoption Services Section.

2.   Redaction of information identifying the adoptive family.  The adoptive family is not identified in any form in the child's birth family record or in reports to the court in the child's deprived court case.

3.  Oklahoma Commission on Children and Youth (OCCY) access to adoption records.  When OCCY requests access to records pertaining to a child in adoptive placement, the CFSD Post-Adoption Services Section is notified for direction in processing the request prior to the release of any information.  The records regarding the child's transition from foster care to adoption are redacted by OKDHS to exclude any information identifying the adoptive parent(s).

 
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Last Updated:  12/16/2010
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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