1.   Time requirements for assessment.

(1) An in-home consultation is scheduled within 10 business days of receipt of the application or on a date agreed upon by Oklahoma Department of Human Services (OKDHS) and the applicant.

(A) The first step in the assessment process is completion of Form 04AF004E, House Assessment, by the adoption specialist.

(B) Form 04AF002E, Guidelines for Resource Family Assessment Bridge Family Profile, is utilized to complete the process with a written narrative assessment.

(C) Information is gathered in a series of interviews with the adoptive applicant and household members.

(2) Within two weeks of receipt of the completed application, a referral is made to the resource assessment contractor per OAC 340:75-15-8 Instructions to Staff.

(3) The assessment is completed within 90 calendar days of the referral to the resource assessment contractor.

2.   Assessing the applicant through the interview process.

(1) The resource assessment contractor assists the adoptive applicant with:

(A) understanding the types of parenting issues faced by families who adopt children with special needs.

(B) gaining insight through feedback about the applicant's strengths, needs, and potential challenges associated with parenting the child with special needs.

(C) assessing the gender, age range, and race of child the applicant wishes to adopt, and the special needs the applicant feels he or she is capable of parenting.  Special needs may include:

(i) the child being part of a sibling group;

(ii) the child's age;

(iii) the child's race;

(iv) the child's mental physical, or emotional disabilities; or

(v) the child being at high risk for developing a physical or mental disability; and

(D) completing Form 04AF018E, Child Needs Information Checklist, by explaining the conditions listed.

(2) When the applicant has applied to adopt a specific child, the assessment summary addresses:

(A) the applicant's relationship to the child;

(B) the child's needs; and

(C) whether the applicant can meet the child's special needs on a permanent basis and into the child's adulthood.

(3) When assessing an applicant, the most important criterion is the applicant's ability to parent a child not born to him or her.  Factors considered in relation to the applicant's ability to parent an adopted child include the applicant's:

(A) marital status;

(B) income level;

(C) education;

(D) age;

(E) health; and

(F) commitment to parent the child on a permanent, long term basis.

(4)  The adoption specialist or resource assessment contractor uses tools to assess the applicant's strengths and challenges related to parenting a child with special needs.  These tools are used in connection with the narrative obtained through the interviews and include the:

(A) Genogram;

(B) Family Network Diagram; and

(C) Eco‑Map.

(5) The adoption specialist allows the applicant to determine the pace at which the assessment proceeds.  Some applicants are ready to quickly move through the assessment, while others need more time to process information.

3.   References.

(1) The adoption specialist sends the applicant or provider, as appropriate, Forms:

(A) 04AF015E, Resource Family Reference Letter for Adult Children;

(B) 04AF014E, Resource Family Reference Letter for School Personnel;

(C) 04AF011E, Resource Family Reference Letter for an Employer;

(D) 04AF013E, Resource Family Assessment Reference Letter for Behavioral Health Professionals; and

(E) 04AF012E, Child's Behavioral Health Reference Letter.

(2) Personal references are contacted by the adoption specialist or resource assessment contractor in person or by telephone.

(3) References may be contacted for an interview when the reference fails to respond to the reference letter request or when information contained in the response requires clarification.  No additional references are contacted without the specific written permission of the applicant.

(4) When voluntary references contact the adoption specialist to provide information, the information is included in the assessment summary.

(5) The reference information is not provided to the adoptive applicant as part of the completed assessment.  When guarded reference information is received, the issues are fully explored with the applicant without revealing the source of the information.

4.   Behavioral and physical health of the applicant and household members.

(1) When the applicant or household member has received treatment, counseling or therapy, Form 08HI003E, Authorization to Disclose Medical Records, is signed by the applicant or adult household member.  When the person is:

(A) an adult, Form 04AF013E is sent to the provider requesting information about the diagnosis and treatment the applicant or household member received; or

(B) 17 years of age and younger, Form 04AF012E is sent to the provider requesting information about the diagnosis and treatment the household member received.

(2) Form 04AF017E, Family Health History, is completed by the applicant. The narrative summary, completed by the adoption specialist or resource assessment contractor describes the applicant and household member's:

(A) health history;

(B) health insurance coverage; and

(C) assesses the applicant's ability to care for a child into the child's adult years.

(3) A statement from the family physician is required for all children in the home to verify the children are free from communicable diseases and are current on immunizations.

5.   Age.  When the age difference between the applicant and the child is more than 55 years, the Child Welfare field liaison and Children and Family Services Division (CFSD) Adoption Services Section are consulted at the time of the local adoptive placement criteria staffing, per OAC 340:75‑15-41.

6.   Marital and significant relationship history.  Documentation of the validity of the current marriage is necessary to determine eligibility to adopt and protect the legal status of the prospective adoptive child.

(1) When there is a child from a previous marriage, the child's role in the family is discussed and financial and emotional child support, when applicable, are documented.

(2) The ability of the applicant to develop and sustain healthy relationships is assessed and documented in the assessment summary.

7.   Photographs.  The applicant is encouraged to incorporate photographs, such as those of parents, relatives, home, work-space, school, pets, activities, other children in the family, and the neighborhood into a family Life Book.  The Life Book must be 8 ½ X 11 inches and filed with the assessment.

8.   Pre-service training.  During OK Parent Resource Information, Development, and Education (OKPRIDE) pre-service training, information about the adoption process is provided to the adoptive applicant allowing the applicant to decide whether adoption is appropriate for the applicant's family.

(1) The dates the applicant attended pre-service training and a description of the applicant's response or reaction to the information provided is included in the Training section of the assessment summary.

(2) An exception to the training requirement is requested from the CFSD Adoption Services Section.

9.   (a) OSBI and FBI fingerprint-based records check process for the OKDHS applicant and adult household member.  Results of the fingerprint-based records check are received in approximately four weeks.  The process the CW specialist follows for obtaining, sharing, and recording an OSBI name and records search and FBI national criminal history records search is outlined in (1) through (10) of this subsection.  The responsible CW specialist:

(1) submits Form 04AD003E to Children and Family Services Division (CFSD) Fingerprint Processing Section;

(2) files a copy of Form 04AD003E in the resource record;

(3) submits Form 04AD003E for the OSBI name search and submits a separate Form 04AD003E with fingerprint cards for the OSBI records search and FBI national criminal history records search for every applicant and adult household member;

(4) provides two fingerprint cards to the applicant and every person 18 years of age or older residing in the applicant's home;

(5) provides the applicant with an automated fingerprinting authorization obtained through Finance AS400;

(6) instructs the applicant to:

(A) take the authorization and fingerprint cards to local law enforcement or a fingerprinting agency for fingerprinting services; and

(B) return the cards to the CW specialist once fingerprinting is completed;

(7) checks the fingerprint cards for accuracy and forwards the cards for the applicant and adult household member, along with Form 04AD003E, to the CFSD Fingerprint Processing Section.

(A) The completed fingerprint cards and Form 04AD003E, Request for Background Check, are placed in a sealed manila envelope marked confidential; and

(B) mailed to CFSD Fingerprint Processing Section, PO Box 268935, Oklahoma City, OK 73126;

(8) when the fingerprint cards are rejected and reprinting is necessary, returns the cards to and instructs the person, whose fingerprints were rejected, to take the cards to the original vendor, who reprints the person at no additional charge;

(9) stores fingerprint results for each applicant and adult household member in a locked file cabinet in a separate manila envelope with the name and resource number written on the outside; and

(10) enters the date of the search in KIDS Criminal Background Check screen.

(b) Dissemination of Federal Bureau of Investigation (FBI) information.  When FBI criminal history is found regarding the applicant or adult household member, the information is not dispersed to non-governmental agencies.  The subject of the FBI criminal history information may access the information by mailing a letter of request with a return address, to the CFSD Fingerprint Processing Section.

(c) Tribal applicants.  Tribal applicants in the process of certification to serve children in OKDHS custody are included in the process outlined in this Instruction to Staff (ITS).

10.  Exception to fingerprinting for OKDHS applicants and adult household members.  When the prospective caretaker's fingerprint impressions are rejected by the FBI due to low quality fingerprint characteristics or an individual does not have fingers, an alternate procedure to conduct a name-based check of the National Criminal Investigation Database (NCID) is conducted by the FBI to obtain a national criminal history record check.  This alternative procedure is used for limited and case-specific situations.  The alternative background check results are not acceptable when fingerprint impressions are of low quality due to lack of technological capacity or use of improper techniques.

(1) Individuals without fingers must submit fingerprint cards with the identifying information completed, stating the reason the individual does not have fingers.

(2) When the individual has no fingers or has low quality fingerprint characteristics, the CFSD Fingerprint Processing Section submits a request to the FBI for a name-based check of the NCID.

(3) When the NCID name-based check results are obtained, the CFSD Fingerprint Processing Section submits a written request for an exception to the fingerprint requirement to the CFSD Foster Care Section, designated as the Director's designee for this purpose.

(4) Individuals with a severe disability that prevents the person from caretaking are not required to submit a fingerprint card and a national criminal history records search is not conducted.

(A) The CW or resource specialist submits an email to the CFSD Fingerprint Processing Section requesting an exception to fingerprinting for the severely disabled non-caretaker.

(B) The CFSD Fingerprinting Processing Section conducts an OSBI criminal history check only and submit the request for an exception to the Foster Care Section for approval.

(C) When the CFSD Fingerprint Processing Section receives a determination regarding the exception for the prospective caregiver or non-caregiver, the appropriate CW specialist is notified by email and a copy of the document granting the permanent exemption to the fingerprint requirement is mailed to the CW specialist.

(D) The CFSD Foster Care Section enters a KIDS contact with the determination.

(E) The CW specialist places the written determination in the paper file.

11.  Juvenile-Online Tracking System (JOLTS) information.  The information obtained from a JOLTS search regarding the child 13 years of age and older living in the applicant's home is used to determine whether that child poses a risk to a child in OKDHS custody.  The resource specialist consults on a case-by-case basis with the adoption supervisor or the CFSD Adoption Services Section programs manager.

(1) When determining whether to proceed with the application process, the CFSD Adoption Services Section program manager considers the:

(A) nature and seriousness of the JOLTS history;

(B) time elapsed since the JOLTS history;

(C) circumstances of the JOLTS history;

(D) child's ongoing involvement with Office of Juvenile Affairs, Juvenile Bureaus, and law enforcement agencies; and

(E) child's degree of rehabilitation.

(2) The resource specialist documents JOLTS information on Form 04AF007E, Records Check Document Form, including the CFSD Adoption Services Section programs manager's determination as to whether to proceed with the application process.

12.  Criminal background check for active or retired military applicants or adult household members.  A background check from Family Advocacy is requested for an active or retired military applicant and adult household members.  Information obtained through Family Advocacy and completed Form 04AD003E and other information systems checks is:

(1) reviewed thoroughly by the adoption specialist or resource assessment contractor;

(2) discussed with the applicant or adult household member; and

(3) included in the written assessment summary in the Verification section.

13.  Assessment of criminal and child welfare background history information.  The Assessment of Background Information of Bridge Resource Applicants guide developed and provided by the OKDHS Office of General Counsel, dated May, 2010 or as subsequently amended, is utilized by resource specialists, supervisors, and area and state committee members to assess the applicant or household member's arrest, criminal, child welfare, or other concerning history including, but not limited to protective orders, traffic offenses, money judgments, or multiple marriages.

(1) When an applicant or household member has child abuse and neglect history consideration is given to the:

(A) nature of the referral;

(B) the assessment conclusion or investigation finding;

(C) nature and seriousness of the alleged or confirmed abuse or neglect in relation to the current request to adopt;

(D) time elapsed since the referral;

(E) circumstances under which the abuse or neglect occurred;

(F) degree of rehabilitation, including verifiable documentation;

(G) number and disposition of referrals; and

(H) evidence that indicates whether a child would be at risk if placed in the home.

(2) When an applicant or household member has child abuse and neglect history, consultation with and prior approval of the area adoption supervisor and CFSD Adoption Services Section is required at the application stage to proceed with the application process.

(3) When the applicant or household member has a history of arrests or convictions, excluding those convictions that result in automatic denial of the application:

(A) proof of disposition of the arrests or convictions is required;

(B) the circumstances surrounding each arrest or conviction are thoroughly explored with the applicant; and

(C) prior to consultation with the area adoption supervisor or CFSD Adoption Services Section, an evaluation is conducted considering the:

(i) type of arrest or conviction;

(ii) elapsed time since the arrest or conviction;

(iii) length of the deferment or length and type of sentence imposed;

(iv) completion date of the deferment or sentence;

(v) assignment of a probation or parole officer and the officer's information;

(vi) positive or negative changes the applicant has made in his or her lifestyle and a description of how and why the changes occurred since the arrest or conviction;

(vii) applicant's or household member’s self-evaluation regarding how the experience may help children or youth placed in the home; and

(viii) provisions for the safety and well-being of a child in the home due to the applicant's or household member’s arrest or conviction history.

(4) A homicide includes any type of murder or manslaughter or other charge involving the death of a person.

(5) When the applicant or household member has an arrest history, consultation with and prior approval of the area adoption supervisor and CFSD Adoption Services Section is required at the application stage to proceed with the application process.

(6) When the applicant or household member has a history of arrests, proof of disposition of the arrests is required and the circumstances surrounding each arrest are thoroughly explored with the applicant or household member.

14.  Area and state committee review of criminal history.

(1) Area committee review request.  The area committee reviews an applicant or household member's criminal history unless the CW supervisor and adoption programs manager have reviewed and denied the application.

(A) The adoption supervisor and adoption programs manager or foster care supervisor and appropriate county director reviews criminal history and have the authority to deny the application based on the history.  When the application is denied by the foster care or adoption supervisor and the appropriate county director, an area committee review is not required.

(B) When the application is not denied by the adoption supervisor and adoption programs manager or the foster care supervisor and appropriate county director, the responsible foster care or adoption supervisor convenes the area committee as quickly as possible to review the criminal history, but no later than three business days following the decision to request an area review.  The meeting may be conducted via conference call or email to expedite the process.

(2) Area committee composition.  The area committee includes the:

(A) appropriate county foster care supervisor;

(B) area adoption supervisor, with consultation from the CFSD adoption programs manager as needed, assigned by the CFSD adoption programs administrator; and

(C) Child Welfare field liaison (CWFL) or permanency field liaison (PFL) assigned by the area director.

(3) Area committee process.

(A) The responsible adoption or foster care specialist scans and emails the criminal history and all information related to the criminal history to the area committee members.

(B) The area committee reviews the criminal history and related information and determines whether the:

(i) adoption or foster care specialist may proceed with the application process; or

(ii) application is denied.

(C) The responsible supervisor:

(i) documents the names of the area committee members and the decision in KIDS Pre-resource Contacts, citing, in detail, all relevant information considered in making the decision; and

(ii) provides notification to the appropriate parties.

(D) A request for review is not made to the state committee when the area committee denies the application.

(E) A state committee review is requested when the area committee:

(i) determines the adoption or foster care specialist should proceed with the application process but the criminal arrest or conviction history involves one or more of the specifically prohibited felony offenses;

(ii) is unclear about the in or out-of-state arrests, charges, or disposition of any criminal history; or

(iii) does not reach a consensus regarding whether to proceed with the application process.

(4) State committee responsibilities.  The state committee reviews all criminal arrest and conviction history provided by the area committee regarding the applicant or household to resolve the question submitted by the area committee or confirm whether the criminal history includes a specifically prohibited felony conviction for any offenses listed in subparagraphs (A) through (E) of this paragraph:

(A) physical assault, battery, or a drug-related offense within the five year period preceding the application date;

(B) child abuse or neglect;

(C) domestic abuse;

(D) a crime against a child, including but not limited to child pornography; or

(E) a crime involving violence, including but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.

(5) State committee composition.  The state committee consults with and receives technical assistance from the OKDHS Legal Division and includes:

(A) a Field Operations Division representative;

(B) the CFSD foster care programs manager; and

(C) the adoptions programs manager II.

(6) State committee review procedures.

(A) When the application is not denied by the area committee and a state committee review is necessary, the area committee convenes the state committee as quickly as possible to review the criminal history, but no later than three business days following the decision to request a state review.  The meeting may be conducted via conference call or email to expedite the process.

(B) The area committee forwards the:

(i) pre-resource or resource number;

(ii) criminal history;

(iii) information related to the criminal history to the state committee members; and

(iv) a brief summary of why the state committee review is requested.

(C) The appropriate CFSD adoption or foster care programs manager documents the names of state committee members and the decision in KIDS Pre-resource Contacts, citing in detail, all relevant information considered in making the decision.

(D) The appropriate area committee member provides notification of the state committee decision to the appropriate parties.

(E) The state committee decision is final and represents the official OKDHS position.

15.  Child abuse and neglect information.

(1) Child Abuse and Neglect Information System (CANIS) search.  A CANIS search is required for all OKDHS and private adoptive applicants.

(A) CFSD Adoption Services Section completes all CANIS searches for OKDHS applicants and the OKDHS applicant's adult household members.

(B) CFSD Child Protective Services Section conducts a CANIS search for the private prospective adoptive applicant.

(C) CANIS search results are forwarded to the agency or other person authorized, per Section 7505-5.4 of Title 10 of the Oklahoma Statutes, to conduct home study investigations.

(2) CANIS information and the OKDHS applicant or adult household member.  Information obtained and documented on Form 04AF007E, Records Check Documentation Form, is:

(A) reviewed thoroughly by the adoption specialist and the resource assessment contractor;

(B) discussed with the applicant or adult household member; and

(C) included in the Verification section of the assessment summary.

(3) Out of State Child Abuse and Neglect Registry checks.  When a state that maintains a child abuse and neglect registry does not respond appropriately to an OKDHS information request, the adoption supervisor notifies the CFSD adoption programs manager who contacts the Administration for Children and Families regional office for assistance.

(A) When information cannot be obtained from the other state(s), the adoption specialist documents the name of the state(s) and efforts made to obtain the information in the resource record.

(B) The documentation is entered in the KIDS system in the resource case under "home/crime."

(C) The prospective adoptive parent is not approved without the results of the state-maintained child abuse and neglect registry check when a registry is maintained in the applicable state.

16.  Child abuse and neglect registry not available in Oklahoma.  The state of Oklahoma does not maintain a child abuse and neglect registry as referenced in the federal Fostering Connections to Success and Increasing Adoption Act.

17.  Foreign country criminal and child abuse and neglect records searches.  When the prospective Bridge resource parent has resided in a foreign country within the last five years, the CW specialist contacts the CFSD Adoption Services Section.

18.  Approval of Bridge Resource applicant.  The requirements of a Bridge resource home are explained to the family.  The family is advised that children in foster care are not moved to place an adoptive child in the home.  All children in the home, including children in foster care placement, are considered in making placement decisions regarding an adoptive placement.

19.  Notice of denial of Bridge resource applicant.  The adoption specialist consults with CFSD Adoption Services Section programs manager when determining whether to deny an application, when needed.

(1) When possible, the adoption specialist makes face-to-face contact with the Bridge resource applicant to clarify the reason for application denial.

(2) A letter is sent to the Bridge resource applicant stating the reason for denial of the application in clear, concise language as outlined in OAC 340:75-15-88(c) and relevant OKDHS rules or procedures are cited and attached.