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340:75-15-87. Assessment and preparation process

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Revised 5-15-09

(a) Assessment. The assessment process is a tool for Oklahoma Department of Human Services (OKDHS) to assist the family in determining the family's ability to parent a child with special needs. The family is provided basic background information required to understand the adoption process, laws, and types of parenting issues faced by parents who adopt children with special needs. All services provided to the family in preparation for placement are designed to increase the family's ability to problem solve, access help, and cope with parenting a child with a unique history and needs. • 1

(b) Approval of Bridge Resource Families. OKDHS approves Bridge resource families when the home meets eligibility standards of both the foster care and adoption programs, per OAC 340:75-7-19. The requirements of a Bridge resource home is explained to the family. The family is advised that children in foster care are not moved in order 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.

(c) Interviews with applicants. Individual and joint interviews are held with each family and household member with a minimum of two home visits on separate days. Information regarding the current family structure, family history, and social support is gathered through the interviews. • 2

(d) Reference information. Signed Form 04AF001E, Bridge Resource Family Assessment Application, grants OKDHS permission to contact the listed references. Forms are mailed to appropriate references and in-person or telephone contact is made with each personal reference. • 3

(e) Health and age. Form 04AF008E, Medical Examination Report, or other medical examination report by a doctor for each household member must be submitted before the assessment is complete. • 4 An application to adopt a specific child elicits information to assess the adoptive applicant's ability to provide care for the child into adult years, given the applicant's health history and age. • 5

(f) Background checks.

(1) Authorization. Section 7505-5.3 of Title 10 of the Oklahoma Statutes mandates a criminal background check and Child Abuse and Neglect Information System check for all public agency and private resource parent applicants and all other household members 18 years and older. The background check includes a search of:
- (A) Oklahoma Department of Public Safety records;
- (B) Oklahoma State Bureau of Investigation (OSBI) records;
- (C) Federal Bureau of Investigations (FBI) national criminal history records search;
- (D) Department of Corrections (DOC) files maintained pursuant to the Sex Offender Registration Act;
- (E) Oklahoma State Courts Network (OSCN);
- (F) Oklahoma District Court Records (ODCR);
- (G) Child Abuse and Neglect Information System;
- (H) a background check request from Family Advocacy for all active or retired military families; and
- (I) all applicable out-of-state child abuse and neglect registries when an applicant or adult household member has not lived continuously in Oklahoma for the past five years. If no registry is maintained in the applicable state, the adoption specialist requests any information that can be provided. The prospective adoptive parent is not approved without the results of the state-maintained child abuse and neglect registry check if a registry is maintained in the applicable state. • 8
(2) Fingerprint search. A national criminal history records search based upon submission of fingerprints is required for Bridge resource family applicants and other household members 18 years and older.
- (A) When a fingerprint search has been done in the past five years and is available for review by the person conducting the adoptive home study, then only an OSBI criminal background check is required. • 6
- (B) A home study is not initiated if any applicant or adult household member refuses to submit the forms granting permission for the background check.
  - (i) All adult household members age 18 and older complete and sign Form 04AD003E, Request for Background Check, and submit fingerprint cards authorizing OKDHS to conduct a records check. • 7
  - (ii) Background information is considered in making a final recommendation. Information that reveals a risk to the child is used in denying the application, per OAC 340:75-15-88. • 8
(3) Fingerprinting charges. Once an applicant receives fingerprint cards, law enforcement or a private fingerprinting company may fingerprint the applicant. There is no charge to OKDHS applicants. Non-OKDHS adoptive applicants are responsible for any charges incurred for this service.
(4) Obtaining fingerprinting services. Law enforcement is not mandated to provide the fingerprinting service. Local law enforcement is contacted to ascertain their willingness and availability to provide this service and the cost per person.
(5) Time frames. If the fingerprinting is not done correctly, the cards are rejected by either the OSBI or Federal Bureau of Investigation (FBI). The applicant must be reprinted when this occurs. If the fingerprint cards are found unacceptable the second time, the applicant must pay the fee to be re-fingerprinted and non-OKDHS applicants must pay the search fee. The estimated time frame to receive all results from the OSBI and FBI is approximately eight weeks.
(6) Exception to fingerprinting. The Director of OKDHS or designee may authorize an exception to the fingerprinting requirement, and authorize use of an alternative procedure for obtaining a national criminal records check for any adult residing in the home who has a severe condition that precludes such person being fingerprinted. The alternative procedure may be used in limited, and case-specific circumstances when OKDHS may not be able to:
- (A) obtain an individual's fingerprints as a result of the individual's disability; or
- (B) obtain legible fingerprints due to low quality fingerprints, as a result of age, occupation or otherwise, thereby making it impossible for the national crime information databases (NCID) to provide the results. • 6

(g) Marriage history. The applicant provides copies of present marriage license and any divorce decrees, legal separations, and annulments, if applicable. Documentation of the validity of the present marriage is necessary to determine eligibility to adopt and protect the legal status of the prospective adoptive child. If there is a child from a previous marriage, the child's role in the family is discussed and child support is documented.

(h) Financial statement. The applicant completes Form 04AF010E, Resource Family Financial Assessment, and provides documentation of employment and income. Management of resources is more important than the family's income and is addressed in the assessment summary.

(i) Photographs. Recent photographs of the applicant are provided as part of the final assessment summary. • 9

(j) Pre-service training. Each Bridge resource applicant must complete a prescribed course of pre-service training consisting of approximately 27 hours of instruction designed to assist the applicant in evaluating the strengths, needs, and challenges in parenting a child with special needs, per OAC 340:75-7-14. • 10

INSTRUCTIONS TO STAFF 340:75-15-87

Revised 5-15-09

1. Assessment time frames.

(1) An at-home consultation is scheduled within ten working days after receiving the application or on a date agreed upon with the family.

(2) The assessment process begins with completion of Form 04AF004E, House Assessment, by the adoption specialist.

(3) Form 04AF002E, Guidelines for Resource Family Assessment Bridge Family Profile, is followed in completing the process.

(A) Information is gathered in a series of interviews with persons who have applied to adopt and any other household members.

(B) 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.

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

2. Interviews.

(1) Assessment and preparation process. The resource assessment contractor assists the adoptive applicant in:

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

(i) The family gains insight and feedback about their strengths, needs, and challenges in parenting the type of child they have applied to adopt.

(ii) The assessment includes the gender, age range, and race of child the family wishes to adopt, and the special needs the family feels they are capable of parenting. Special needs may include being part of a sibling group, age, race, mental, physical, or emotional disabilities, or being at high risk for developing a physical or mental disability; and

(B) reviewing Form 04AF018E, Child Needs Information Checklist, and explains the conditions listed.

(i) If the applicant has applied to adopt a specific child, the assessment summary addresses the applicant's relationship to the child, the child's needs, and whether the applicant can meet the child's special needs on a permanent basis and into adulthood.

(ii) When assessing an applicant, the most important criterion is the applicant's ability to parent a child not born to him or her. Marital status, income level, education, age, health, and other factors are considered only in relation to the applicant's ability to parent an adopted child.

(2) Assessment tools. The adoption specialist or resource assessment contractor uses the Genogram, Family Network Diagram, and Eco‑Map as tools in assisting Bridge resource applicants to assess their strengths and challenges in parenting a child with special needs through adoption.

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

(B) The Genogram, Family Network Diagram, and Eco-Map are included with a narrative obtained through the interviews in the assessment summary.

3. References.

(1) The adoption specialist sends the applicant, 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 Mental Health Professionals; and

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

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

(3) References may be contacted for an interview if they fail to respond to the reference letter request or if information contained in the response requires further clarification. No additional references are contacted without the specific written permission of the applicant. If voluntary references contact the adoption specialist to provide information, this is included in the assessment.

4. Health.

(1) If any family member has received counseling or therapy, Form 08HI003E, Authorization to Disclose Medical Records, must be signed and:

(A) if the person is an adult, Form 04AF013E is sent requesting information about the treatment received; or

(B) if the person is younger than 18 years of age, Form 04AF012E is sent requesting information about the treatment received.

(2) The reference information is not given to the adoptive family as part of the completed assessment. If negative reference information is received, the issues are fully explored with the applicant without revealing the source of the information.

(3) Form 04AF017E, Family Health History, is completed by the applicant. The narrative summary describes the family's health history, health insurance coverage, and assesses their ability to care for a child into adult years. 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. If 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. Fingerprinting.

(1) OKDHS Bridge resource applicants. Oklahoma Department of Human Services (OKDHS) Bridge resource applicants and household members 18 years of age and older must be fingerprinted. If they have been fingerprinted in the last five years and the information is available for review by the person conducting the home study, then only an Oklahoma State Bureau of Investigation (OSBI) search is required. The search fee is paid by OKDHS for all OKDHS adoptive applicants and their adult household members.

(A) The adoption specialist provides the applicant and any household member 18 years of age and older with two fingerprint cards. The cards are taken to local law enforcement or a private fingerprinting company where the fingerprinting takes place. OKDHS pays for the required fingerprinting. Tribal homes that are in the process of certification to serve children in OKDHS custody are included in this process.

(B) After fingerprints are obtained, the applicant returns the cards to the respective adoption specialist who checks the fingerprint cards for completeness and applicant's signature. The completed fingerprint cards and Form 04AD003E, Request for Background Check, are placed in a sealed manila envelope marked confidential and mailed to CFSD Fingerprint Processing Section, PO Box 268935, Oklahoma City, OK 73126.

(C) The results are returned to the CFSD Fingerprint Processing Section in approximately eight weeks. If an FBI criminal history is found on the applicant, this information is not dispersed to non-governmental agencies. The applicant may access this information by mailing a letter of request, that includes an address in which to mail the information, to the Fingerprint Processing Section.

(D) Exception to fingerprinting. CW staff submits the request for an exception in writing to the Fingerprint Processing Section. The Fingerprint Processing Section determines if the request meets the criteria for an exception and sends the request to the Adoption Section for approval. The Adoption Section responds to the CW staff with the determination and the response is placed in the adoption resource file. The Fingerprint Processing Section uses the alternative procedure and requests a name-based check of the national crime information databases (NCID) to obtain a comprehensive criminal background check. An alternative background check process is not to be used when fingerprint impressions are of low quality due to lack of technological capacity or use of improper techniques. The alternate procedure is for limited and case-specific situations, such as when a fingerprint specialist has documented that the prospective adoptive parent's disabling condition prevents fingerprinting, or the individual does not have fingers.

(2) Non-OKDHS adoptive applicants. Non-OKDHS adoptive applicants and adult household members 18 years of age and older must complete Form 04AD003E. An OSBI check is required for all OKDHS and non-OKDHS applicants and includes a search of:

(A) Oklahoma Department of Corrections files maintained pursuant to the Sex Offender Registration Act; and

(B) Oklahoma Department of Public Safety records.

(i) Non-OKDHS applicants are responsible for paying the cost of fingerprinting and OSBI name search. The cost for the FBI and OSBI search for an applicant is $50. Of this cost, $9 is for OKDHS administrative fees and $41 is the actual cost for the search. An OSBI name search is required for each member of an applicant's household who is 18 years of age or older. The cost for this search is $20 for each applicant. Of this cost, $5 is for OKDHS administrative fees and $15 is the actual cost for the search.

(ii) The private agency, private attorney, or tribal office provides each applicant with two fingerprint cards. The applicant takes the cards to local law enforcement or a private fingerprinting company where the fingerprinting takes place. Each applicant is responsible for paying the cost of fingerprinting.

(iii) After fingerprints are obtained, the applicant returns the cards to the respective private agency, private attorney, or tribal office. Fingerprint cards are not returned to local OKDHS offices. The private agency, private attorney, or tribal office reviews the cards with the applicant for completeness and applicant's signature.

(iv) Completed Form 04AD003E must accompany each set of fingerprint cards. Completed forms and fingerprint cards for all members of the same household must be submitted together. The payment is a check or money order made payable to OKDHS. Fingerprint cards and forms received without payment by CFSD are returned. The completed fingerprint cards, Form 04AD003E, and payment are mailed by the private agency, private attorney, or tribal office in a sealed envelope marked confidential to CFSD Fingerprint Processing Section, PO BOX 268935, Oklahoma City, OK 73126.

(v) The results are returned to the private agency, private attorney, or tribal office in approximately eight weeks. A return address must be provided for results to be returned. If an FBI criminal history is found on an applicant, this information is not dispersed to non‑governmental agencies. OKDHS provides the non‑governmental agency with a response letter stating only that criminal history was found. The applicant may access this information by mailing a written request, that includes the address in which to mail the information, to CFSD Fingerprint Processing Section.

7. Criminal background check. A review is completed of any existing OKDHS records and information systems checks, including Oklahoma State Courts Network (OSCN) and Oklahoma District Court Records (ODCR) on each adult household member. For all active or retired military families, a background check from Family Advocacy is requested. Any significant information obtained through completed Form 04AD003E and other information systems checks is reviewed thoroughly, verbally discussed with the applicant, and included in the written assessment summary in the Verification section.

8. Child abuse and neglect information. A Child Abuse and Neglect Information System (CANIS) search is required for all OKDHS and non-OKDHS adoptive applicants. The Adoption Services Section completes all CANIS searches. CANIS search results are forwarded to the agency or other person authorized to conduct home study investigations per Section 7505-5.4 of Title 10 of the Oklahoma Statutes.

(1) OKDHS applicant. Any significant information obtained through completing Form 04AF007E, Records Check, is reviewed thoroughly, verbally discussed with the applicant, and included in the Verification section of the assessment summary.

(2) Non-OKDHS applicant. The applicant must complete a written request for a CANIS search via Form 04AN028E, Request for Child Abuse and Neglect Information System Search, that is submitted with verification of impending adoption to the Adoption Services Section by the applicant or agency or other person authorized to conduct home study investigations.

(3) Out of State Child Abuse and Neglect Registry Checks. If a state that maintains a child abuse and neglect registry does not respond appropriately to an information request, the adoption supervisor notifies the CFSD adoption programs manager who contacts the Administration for Children and Families regional office for assistance. If 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. The documentation is entered in the KIDS system in the resource case under "home/crime." The prospective adoptive parent is not approved without the results of the state-maintained child abuse and neglect registry check if a registry is maintained in the applicable state.

9. Photographs. The family is encouraged to incorporate photographs, such as photographs 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.

10. Pre-Service training. The information about the adoption process provided to adoptive applicants allows them to decide whether adoption is appropriate for their family. The dates the applicants attended pre-service training, and a description of their reaction to the information provided is included in the Training section of the assessment summary. Exceptions must be requested from the Adoption Services Section.

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