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340:75-15-88. Completed resource family assessment and recommendation

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Revised 6-1-08

(a) Resource family assessment. The resource family assessment is conducted as outlined in Form 04AF002E, Guidelines for Resource Family Assessment Bridge Family Profile. The completed assessment includes impressions of the family, their strengths and risks in adopting, and the special needs, age range, and gender of the child(ren) they wish to adopt.

(1) A copy of the resource family assessment, excluding the verification and reference sections, is reviewed with the family prior to completion of the final written assessment summary. The reference and verification sections are confidential and are not provided to the family.
(2) The family is given an opportunity to correct errors prior to completion of the final written assessment.
(3) Once the assessment is finalized, it is signed by the resource family applicant and contractor and submitted to the area adoption supervisor for approval. A copy of the final supervisor approved resource family assessment, excluding the verification and reference sections, is provided to the applicant by the adoption specialist. • 1

(b) Approval. The resource family assessment is approved by the area adoption supervisor if the applicant meets requirements as outlined in Form 04AF002E and Oklahoma Department of Human Services (OKDHS) policy. • 1

(c) Resource family relocation. When a family moves to another county within Oklahoma the assigned adoption specialist transfers the resource family record. An evaluation is done to reflect the adoptive family's new home and situation. • 2

(d) Denial. Reasons for denial may include, but are not limited to:

(1) a lack of a stable, adequate income to meet the applicant's own or total family needs or poor management of available income;
(2) a physical facility that is inadequate to accommodate the addition of children to the home or that presents health or safety concerns;
(3) the applicant or any person residing in the home has a history of alleged or confirmed child abuse, neglect, or both; • 3
(4) the applicant or any person residing in the home has a history of arrests or convictions.
- (A) A felony conviction for any of the offenses listed in (i) through (iii) results in an automatic denial of the application.
  - (i) A crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding physical assault or battery.
  - (ii) Child abuse or neglect.
  - (iii) A crime against a child, including, but not limited to, child pornography.
- (B) A felony conviction of a prospective adoptive parent or anyone residing in the home for physical assault, domestic abuse, battery, or a drug related offense within a five year period preceding the date of the application results in denial of the application. Any applicant who has, or is living with a person who has, any criminal history for any felony or a relevant misdemeanor will be reviewed by a committee. • 3
- (C) The application is denied if the applicant has been convicted of a sex offense and subject to or married to or living with a person subject to the Oklahoma Sex Offenders Registration Act;
(5) the age, health, or any other condition of the applicant would impede his or her ability to provide care for a child on a permanent basis into adult years;
(6) relationships in the household are unstable and unsatisfactory;
(7) the mental health of the applicant or other family or household member would impede the applicant's ability to provide care for a child;
(8) references are guarded or have reservations in recommending the applicant;
(9) the applicant does not complete the required pre-service training within one year of application, unless the applicant has previously completed Parent(s)' Resource for Information, Development and Education (PRIDE). Exceptions must be requested from the Adoption Services Section;
(10) the applicant has applied to adopt a child of a certain age, race, or other characteristic that OKDHS reasonably believes may not be available for adoption in the foreseeable future, per OAC 340:75‑15‑84; and
(11) one or more other factors concerning the applicant, a family, or household member or conditions in the home as described in the denial letter renders the applicant or home environment inappropriate as an adoptive resource.

INSTRUCTIONS TO STAFF 340:75-15-88

Revised 6-1-08

1. Filing the assessment. Upon completion of the written resource family assessment, the assigned adoption specialist files it in his or her office.

2. Transfer of a resource record. When transferring a resource family record, the assigned adoption specialist e-mails notification to the adoption specialist with responsibility for the family's new county of residence. When contacted, the adoption specialist in the new county requests the record by completing Form 04AD002E, Transfer Between Counties. The KIDS resource is transferred through KIDS Assign screen.

3. Applicant history information.

(1) When child abuse and neglect history of an applicant is found, full consideration is given to the:

(A) nature of the referral;

(B) finding of the investigation;

(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 of referrals; and

(H) evidence that a child will not be at risk if placed in the home.

(2) Consultation with and prior approval by the area adoption supervisor and Children and Family Services Division (CFSD) Adoption Services Section is required at the application stage of the assessment in all cases with Child Welfare history.

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

(A) proof of disposition of those 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 Adoption Services Section, an evaluation is made based upon consideration of 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 sentence;

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

(vi) positive 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) self-evaluation by the applicant 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 arrest or conviction history.

(4) A homicide includes any type of murder or manslaughter or other charge involving the death of a person. Consultation with and prior approval by the area adoption supervisor and CFSD Adoption Services Section is required at the application stage of the assessment in all cases with an arrest history.

(5) If the applicant has a history of arrests, proof of disposition of those arrests is required and the circumstances surrounding each arrest are thoroughly explored with the applicant.

(6) Committees reviewing criminal history.

(A) An area committee reviews situations involving any applicant or person living in the home who has any criminal history. The area committee includes:

(1) the foster care supervisor and the appropriate county director;

(2) the area adoption supervisor; and

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

(B) The state committee reviews situations involving any applicant or person living in the home with a criminal arrest and/or conviction history related to the specifically prohibited felony offenses:

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

(2) child abuse or neglect;

(3) domestic abuse;

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

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

(C) The state committee has consultation and technical assistance from the Oklahoma Department of Human Services (OKDHS) Legal Division and includes:

(1) a Field Operations Division representative;

(2) foster care programs manager II; and

(3) adoptions programs manager III.

(D) Review committee procedures. The foster care or adoption supervisor responsible for the application in question arranges the committee meeting as quickly as possible. To expedite the process, the meeting can be conducted via conference call.

(1) The committee reviews the history and determines whether the applicant may be approved. The responsible supervisor documents in KIDS the decision for any situation not involving the specifically prohibited felony offenses, citing all relevant information considered and the names of the committee members and provides notification to the appropriate parties.

(2) If the area committee determines the applicant should be approved and the criminal arrest or conviction history involves one or more of the specifically prohibited felony offenses, final approval of the applicant is determined by the state committee. A referral is not made to the state committee if the applicant is denied by the area committee.

(3) The state committee arranges a meeting as quickly as possible to review the decision and notifies the area committee of the results. The appropriate programs manager documents the decision in KIDS, citing all relevant information that was considered and the names of the committee members.

(4) Any decision allowing approval of the applicant is documented on the appropriate screen in the KIDS resource case(s), and represents the official OKDHS position.

(7) Notice of closure. When possible, the adoption specialist makes face‑to-face contact with the adoptive family to clarify the reason for closure of the home.

(A) A letter is sent to the family, with the reason for closure stated in clear, concise language. Relevant OKDHS rules or procedures are cited and attached.

(B) The adoption specialist may consult with CFSD Adoption Services Section staff to determine whether to close an adoptive home.

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