OKDHS - OAC 340:75-15-103. Services to the child in adoptive placement and the adoptive family

340:75-15-103. Services to the child in adoptive placement and the adoptive family

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Revised 6-1-12

(a) Pre-finalization services. • 1 Services designed to assist the Bridge resource family incorporate the child into the adoptive family are provided during the pre-adoption placement period prior to legal finalization of the adoption. This period may also be referred to as the trial adoption period.

(1) Pre-adoption placement period. When the child has had no prior relationship with the adoptive family, the pre-adoption placement period is usually six months. When the child is being adopted by the relative or foster parent with whom the child has been residing for a period of time, the pre-adoption placement period may be reduced when the child and family have successfully adjusted to the placement.

(A) When the child is placed in the adoptive home the adoptive parent(s) is advised to retain the services of an attorney with knowledge and experience in adoption law.
(B) A petition for adoption is not granted until a copy of Form 04AN347E, Medical and Social History Report for Adoption, is filed with the court.

(2) Pre-finalization adoption assistance. Adoption assistance may be provided to the adoptive family at the time the child enters the adoptive home as a legal-risk or legally-free adoptive placement, per OAC 340:75-15-128 through 340:75-15-128.6. Adoption assistance may include a monthly payment, Medicaid, or both.
(3) Family assessment and individualized service plan. • 4 A written individualized service plan is completed for each child and family receiving Child Welfare (CW) services, including adoptive families, within 30 calendar days of the child's placement in the adoptive home.
(4) Medical services. Children in a pre-adoption placement are eligible to receive Medicaid services. • 2
(5) Counseling services. The adoptive family is fully informed of the child's history of psychological counseling and referred for services at the time of the pre-adoption placement, when needed. Under Medicaid, all outpatient psychological services except for the first hour of psychological evaluation must have prior authorization. • 2
(6) Comprehensive Home-Based Services. Comprehensive Home-Based Services (CHBS) per OAC 340:75-1-176 are available to assist trial adoptive and post-adoptive families who are experiencing difficulty and are at risk of a placement disruption.
(7) Adoptive parent support groups. Adoptive parent support groups provide social and emotional support to the adopted child and his or her parent(s). The adoption specialist informs the adoptive parent of the benefits of support groups.
(8) Child care. Employment-related child care is available for children in trial adoptive placement.
(9) Notice to pre-adoptive parent of deprived court hearing. The adoption specialist provides the pre-adoptive parent providing care for the child with notice of any review or deprived court hearing held regarding the child and the court provides an opportunity for the pre-adoptive parent to be heard. • 3

(b) Pre-finalization disruption. The trial adoption may disrupt prior to finalization when the adoptive parent requests the child be moved from the home or Oklahoma Department of Human Services (OKDHS) determines the placement poses a risk to the child. • 7

(c) Post-adoption relative contact agreement. When the court finds a deprived child should be placed for adoption, the petitioners for adoption of the child are allowed to enter into a voluntary written agreement with the birth relatives, including a birth parent, to permit post-adoption contact between the birth relatives and the child pursuant to Section 1-4-813 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-813). The post-adoption contact agreement is issued by the court in a separate instrument at the time the adoption decree is entered when the court finds the agreement is voluntary, does not pose a threat to the safety of the child, and is in the best interests of the child.

(1) Definition of birth relative. Birth relative means a parent, stepparent, grandparent, great-grandparent, sibling, uncle, or aunt of a minor adoptee. This relationship may be by blood or marriage. A sibling relationship may be by whole or half blood, marriage, or affinity through a common legal or biological parent. For an Indian child, birth relative includes members of the extended family as defined by the laws or customs of the Indian child's tribe or, in the absence of laws or customs, is a person who has reached 18 years of age and who is the Indian child's great-grandparent, grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece, nephew, or first or second cousin, or stepparent, as provided in the Indian Child Welfare Act, Section 1903 of Title 25 of the United States Code.
(2) Visitation and contact with siblings. When a child, who is separated from a sibling, is placed for adoption, OKDHS facilitates ongoing sibling contact or visitation by:

(A) providing information to prospective adoptive parents about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships;
(B) providing prospective adoptive parents with information about siblings of the child; provided, the address where the siblings reside is not disclosed unless authorized by a court order for good cause shown; and
(C) encouraging prospective adoptive parents to make a plan for facilitating post-adoptive contact between the child, who is the subject of a petition for adoption, and any siblings of that child.

(3) Post-adoption contact agreement terms. The terms of the post-adoption contact agreement are limited. When the child does not have an existing relationship with the birth relative, the contact is limited to the sharing of information about the child. When the child has an existing relationship with the birth relative, the contact agreement may include provisions for:

(A) visitation between the child and the birth relatives;
(B) contact between birth relatives and the child or an adoptive parent, or both;
(C) the adoptive parent to facilitate sibling contact or visitation; and
(D) sharing information about the child.

(4) Post-adoption contact requirements. A post-adoption agreement is not legally enforceable unless:

(A) the child is represented by an attorney for purposes of consent to the post-adoption agreement;
(B) the terms of the agreement are contained in a written court order entered in accordance with the statute;
(C) the court order is filed in the adoption action by separate instrument at the time the adoption decree is entered; and
(D) the terms of the contact agreement have been approved in writing by the prospective adoptive parents, the birth relative who desires to be a party to the agreement, the child, if 12 years of age or older, and, if the child is in the custody of OKDHS a representative of OKDHS.

(5) Approved post-adoption contact agreement. The adoption specialist provides a copy of the post-adoption sibling contact or visitation agreement approved by the court to the adoptive parent, foster parent, relative caretaker, the child's legal guardian, child's siblings, or others as necessary to facilitate the sibling contact or visitation.
(6) Failure to comply with post-adoption contact agreement. Failure to comply with the post-adoption contact agreement as ordered by the court is not grounds for:

(A) setting aside an adoption decree;
(B) revocation of a written consent to an adoption after the consent has become irrevocable;
(C) an action for citation of indirect contempt of court; and
(D) preventing the adoptive parent(s) of the child from changing residence within or outside the state.

(7) Post-adoption contact agreement jurisdiction. The enforcement of a court ordered post-adoption contact agreement continues under the jurisdiction of the court granting the petition for adoption.
(8) Compliance with post-adoption contact agreement. The court may not order compliance with a post-adoption contact agreement unless the court finds that the party seeking the enforcement participated in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the court's decision regarding enforcement. No testimony or evidentiary hearing is required.
(9) Attorney fees. The prevailing party may be awarded reasonable attorney fees and costs. All costs and fees of mediation or other appropriate dispute resolution proceedings are borne by each party, excluding the child.
(10) Modification or termination of post-adoption contact agreement. The agreement may be modified or terminated when the court finds the modification or termination is necessary to serve the best interests of the child and is agreed to by all parties, including the child, if the child is 12 years of age or older.

INSTRUCTIONS TO STAFF 340:75-15-103

Revised 12-15-11

1. Pre-adoption placement services. The adoption specialist:

(1) assists the adoptive parent with developing his or her strengths and decision-making skills regarding parenting the child;

(2) helps the family understand adoption-related issues during the pre-adoption placement period and after finalization of the adoption. The adoptive parent is encouraged to access services:

(A) during the pre-adoption placement period to aid in the adjustment of the child and family; and

(B) after legal finalization of the adoption, when needed; and

(3) refers the adoptive family to a support group during the adoptive family preparation and assessment process. When the family is not involved with a support group prior to placement, the family is referred when the child is placed in the home.

2. Medical and psychological assistance.

(1) When the adoptive family requests medical assistance, the adoption specialist sends Form 04AN001E, Adoption Assistance Application, and Form 08MA002E, SoonerCare Health Benefits Application, to Children and Family Services Division (CFSD) Adoption Assistance Section.

(2) To receive approval for psychological services provision, the provider submits to Oklahoma Health Care Authority:

(A) Form HCA-12-A, Prior Authorization Request, with effective date, projected frequency, and time span;

(B) a description of the necessity for psychological treatment; and

(C) any evaluation information the psychologist may have.

3. Notification of court hearing. The adoption specialist provides the pre-adoptive family with the hearing notification as required in OAC 340:75-6-85, Instructions to Staff # 3 of the court hearing and documents the notification in the adoptive family's KIDS Contacts screen.

4. Family assessment and service plan.

(1) Forms 04KI028E, Family Functional Assessment, and 04KI015E, Adoption Post Placement Service Plan (APPSP), are completed with the family, including the child placed for adoption, within 30 calendar days of the child's pre-adoption placement.

(2) Form 04KI015E is not sent to the court.

(3) The adoption specialist updates Form 04KI015E, every six months.

(4) Forms 04KI028E, Family Functional Assessment, and 04KI015E for the child and adoptive family are completed within 30 calendar days of the child's placement in the adoptive home.

(5) Form 04KI015E is developed and signed by the adoption specialist and the adoptive family. The adoption supervisor reviews and signs Form 04KI015E.

(6) One copy of Form 04KI015E is provided to the adoptive parent and one copy retained in the adoptive family case record.

5. (a) Child's permanency planning case.

(1) Primary assignment of the child's permanency planning case remains with the county of jurisdiction and secondary assignment is made to the adoption specialist per OAC 340:75-1-26. The adoption specialist for the adoptive family assumes case responsibility for the child at the time of placement in the adoptive home. The confidentiality of the placement is maintained.

(2) When no services are provided to other children or family members in the child's permanency planning case, the original paper case is maintained by the adoption specialist. A copy is retained in the county of jurisdiction for use in completing court reports. Both the adoption specialist and Child Welfare (CW) specialist assigned to the child are responsible for maintaining electronic and paper case records for the child.

(3) When services are provided to other children or family members in the child's permanency planning case, the CW specialist assigned to the child retains the original paper case and the adoption specialist receives a duplicate.

(4) The adoption specialist provides information to the CW specialist with deprived court responsibility as needed.

(A) The reports to the court in the deprived case do not include the name of the adoptive family or the county of adoptive placement to maintain the placement provider's confidentiality.

(B) Upon finalization of the adoption, the court with jurisdiction of the deprived case is notified by the adoption specialist assigned to the family that the adoption has been finalized and a request is made that the deprived court case be dismissed.

(b) Adoptive family record. When the child is placed in the adoptive home, a KIDS case is opened with the case type of Adoption. The case name is the adoptive family's last name.

(1) Each member of the adoptive home is added to the case including the child to be adopted using the child's new adoptive name.

(2) Each field on the Adoption General Information screen, except the date of the finalization of the adoption, is completed for each child in trial adoption when the case is opened.

(3) The KIDS adoptive family record contains:

(A) Client General Information;

(B) Client Demographics;

(C) Client Employment/Education;

(D) Client Finances;

(E) Client Medical;

(F) Case Plan/Family Assessment;

(G) Case Plan/Treatment/Individualized Service Plan;

(H) Adoption Disclosure Affidavit;

(I) Adoption General Information; and

(J) Adoption and Foster Care Analysis and Reporting System (AFCARS).

6. Contact with the child in the pre-adoptive placement. The adoption specialist contacts the child in the adoptive placement a minimum of once every calendar month, with no more than 31 days between contacts. The adoption specialist documents visits as face-to-face/own home in KIDS Contacts screen prior to the end of the month of the contact.

(1) Adoption by non-relative. The adoption specialist contacts the child in the adoptive placement within two weeks of the date of signing Form 04AN015E, Adoptive Placement Agreement, and at least once every calendar month thereafter, with no more than 31 days between contacts.

(2) Adoption by relative or foster parent. When there is no physical change in placement, the adoption specialist is not required to contact the child within the first two weeks of trial adoption. A contact is required prior to the end of the calendar month of placement and at least once every calendar month thereafter, with no more than 31 days between contacts.

7. Adoption disruption.

(1) Request for removal of child. When the adoptive family requests removal of the child, the adoption specialist provides Form 04AN017E, Affidavit of Adoption Disruption, to the family for signature documenting the request. Form 04AN017E is routed according to form instructions.

(A) Prior to the child's removal from the home, or as soon as possible thereafter, the adoption specialist consults with CFSD Adoption Services Section regarding the child's plan. No attempt is made at this time to assess with the adoptive family the adoption failure or why it happened.

(B) The adoption specialist and adoption supervisor staff the disruption with the designated Adoption Section staff.

(C) The CW specialist in the county of jurisdiction per OAC 340:75-6-86, notifies the court, child's attorney, district attorney, Post Adjudication Review Board, and court appointed special advocate, when applicable, of the disruption.

(2) Assessment of disruption. Once the family and child are resettled and the grief process is underway, the reassessment of the adoptive home may begin. The reassessment focuses on why the adoption did not work and whether the adoptive family will continue to be recommended as an adoptive placement for another child.

(A) Common reasons adoptions do not succeed include:

(i) the adoptive parent and child were unable to form an attachment to each other;

(ii) the child or adoptive parent was not ready for the adoptive experience;

(iii) the adoptive parent lacks the capacity to be an adoptive parent to any child; and

(iv) the child lacks the capacity to function in any adoptive family.

(B) The decision to attempt another adoptive placement with the family allows for the resolution of the earlier failure. The resolution includes acknowledging and understanding the reasons for the failure and mourning the loss.

(C) The adoptive home assessment is updated and a recommendation is made regarding continued approval of the adoptive home.

8. Disclosure affidavit. Form 04AN006E, Affidavit of Information Disclosure for Adoption, and all subsequent disclosures are documented and provided to the adoptive parent. When additional information is obtained regarding the child after the adoptive placement is made, an additional Form 04AN006E, Affidavit of Information Disclosure for Adoption, is completed and copies of the additional information are provided to the adoptive parent(s).

9. Procedure for finalization of the adoption.

(1) Adoption attorney. The adoptive parent is advised to provide the attorney with the name and phone number of the adoption specialist. The adoption specialist:

(A) does not give legal advice to the adoptive parent;

(B) provides information about the length of the pre-adoption placement period prior to legal finalization of the adoption process; and

(C) contacts the private attorney and advises him or her that necessary documents are provided upon request or when the documents become available, as applicable.

(2) Questions regarding child's legal status. Questions regarding the legal status of the child, such as whether the child is legally free for adoption and the legal procedures to finalize the adoption, are directed to the private attorney selected by the adoptive parent.

(3) Documents provided to the adoption attorney. The documents provided to the adoptive parent's attorney upon request, but no later than the finalization hearing on the Petition for Adoption include:

(A) a certified copy of the child's birth certificate;

(B) a copy of Form 04MP347E, Medical and Social History Report for Adoption;

(C) a copy of the adoptive home assessment up to and including the contractor page that is signed by the adoptive applicant and the home assessment contractor, and the OKDHS approval page. The verification section that is not released:

(i) contains confidential information that is not provided to the attorney or the court absent a specific court order; and

(ii) includes responses from references, the OSBI and FBI fingerprint based criminal records history reports wherein all arrests, charges, and convictions are listed;

(D) an addendum of fingerprint results that provides only summary information about the adoptive parent's criminal convictions that are public record;

(E) a copy of the adoptive home report providing information about the child's adjustment to the home during the post-placement period, including the adoption specialist's observations and details of circumstances that may have an influence on the entry of the Final Decree of Adoption.

(i) The report includes a recommendation by the adoption specialist for or against the proposed adoption and reasons for the recommendation. This report is in addition to the adoptive family assessment and any other home studies listed above.

(ii) The report may contain the adoption specialist's recommendation that an Interlocutory Decree of Adoption be entered or waived. An Interlocutory Decree of Adoption awards the temporary care and custody of the child to the pre-adoptive parent for a trial adoption period prior to the Final Decree of Adoption being entered by the court that results in the adoption being finalized. When an Interlocutory Decree of Adoption is entered, the adoption specialist provides supervision with at least monthly visits in the home and a second report is provided to the court at the time of adoption finalization.

(I) The adoptive home report contains a certification by the adoption specialist that the final examination of the child in the adoptive home has been made since the Interlocutory Decree of Adoption was granted. The adoption specialist makes a final recommendation for or against the adoption.

(II) The adoptive home report contains a determination of the legal availability or status of the child for adoption. The adoption specialist obtains information concerning the status of each parent’s parental rights from the private attorney for the adoptive parent and states in the report that the information was obtained from the attorney. When in question, the adoption specialist also seeks assistance from the OKDHS Legal Division;

(F) a Directive Authorizing Consent to the Adoption signed by OKDHS. The attorney is responsible for preparing the consent to the adoption document for the adoption specialist's signature;

(G) a copy of Form 04AN002E, Adoption Assistance Agreement, when applicable;

(H) Form 04AN006E, Affidavit of Information Disclosure for Adoption, reflecting that the adoptive parent has been provided with a copy of Form 04MP347E, all other medical, psychological, dental, and educational information;

(I) verification of the child's Indian tribal membership that is not available in the deprived legal file.

(i) The adoption attorney obtains from the deprived court file a determination of whether the child is a member of an Indian tribe or eligible for membership in a tribe.

(ii) When the adoption specialist obtains information regarding membership or eligibility for membership that was not known during the deprived proceeding, the adoption specialist immediately reports this information to the attorney for the adoptive parent and includes the information in the adoptive home report.

(4) Directive Authorizing Consent to the Adoption. When the adoptive parent is ready to proceed with finalization of the adoption, the adoption specialist completes and sends Form 04AN013E, Directive Authorizing Consent to Adoption, as an attachment by email to the CFSD Adoption Services Section. The form is signed by the OKDHS Director's designee and returned by mail to the adoption specialist.

(5) Hearing on Adoption Petition for the Final Decree of Adoption. The adoption specialist appears at the hearing on the Adoption Petition for the Final Decree of Adoption to sign the consent for adoption provided by the adoption attorney. Any documents not already provided to the attorney for the adoptive parent(s) for filing in the adoption case are provided at this hearing.

10. Case transmittal for finalized adoption cases. Form 04AN010E, Finalized Adoption Case Transmittal, is submitted with records to CFSD Post-Adoptions Section for storage. The records submitted are the:

(1) resource family record. The KIDS resource file is scanned into the KIDS file cabinet of the adoptive resource and the resource is closed by the adoption specialist. When the family chooses to re-apply to adopt another child, the KIDS resource is reopened and the previous resource record is obtained from the KIDS file cabinet by the adoption specialist;

(2) permanency planning case. The paper case record is sent to the Children and Family Services Division Post Adoption Services (PAS) Section. The electronic KIDS case is closed by the primary CW specialist when there are no other children in the case receiving services;

(3) adoptive family case record. Within 30 calendar days of the adoption finalization, the paper case record is scanned into the KIDS file cabinet and the electronic file is submitted to the CFSD PAS; and

(4) legal documents. One complete set of legal documents related to the finalization of the adoption is scanned into the KIDS file cabinet of the Adoption KK case, including:

(A) Petition for Adoption and any amended petitions;

(B) Statement of Attorney Fees;

(C) Original and Amended Deprived Petition, and when applicable, post-adjudication Deprived Petition;

(D) Emergency/Temporary/Adjudication/Disposition/Termination orders;

(E) Consent to the Adoption;

(F) Interlocutory Decree of Adoption, if any; and

(G) Final Decree of Adoption; and

(5) AFCARS. All required Adoption and Foster Care Analysis and Reporting System (AFCARS) fields are completed and the KIDS adoptive family case record is electronically transferred to the CFSD Adoption Assistance Section through the AFCARS screen assign button.

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