1.   (a) Questions about the legal status of the child, such as whether the child is legally free to be adopted, and the legal procedures to finalize the adoption, are all directed to the private attorney selected by the adoptive parent(s).  The adoption specialist does not give legal advice to the prospective adoptive parent(s).  The adoption specialist provides information about the length of the post placement period prior to legal finalization of the adoption process.

(b) Procedure for finalization of the adoption.  The adoptive parent(s) is advised to provide the attorney with the name and phone number of the adoption specialist.  The adoption specialist contacts the private attorney and advises him or her that necessary documents will be provided upon request or when they become available, whichever is applicable.

(1) The documents provided to the adoptive parent(s)' attorney upon request, but no later than the hearing on the Final Decree of Adoption are:

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

(B) copy of Form ODH 347, Medical and Social History Report for Adoption;

(C) copy of the adoptive home assessment and any other home study or professional custody evaluation conducted regarding the adoptive parent(s).  This includes any foster home studies, relative home studies or divorce custody home studies.  The adoptive parent(s) is responsible for providing any non-Oklahoma Department of Human Services (OKDHS) studies or evaluations to OKDHS during the adoptive family assessment process;

(D) 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 any circumstances which may have a bearing on the granting 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.  If 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.

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

(II) The adoptive home report must contain a determination of the legal availability or status of the child for adoption.  The adoption specialist obtains this information from the private attorney for the adoptive parent(s) and states that this information was obtained from the attorney;

(E) certified copy of the Order of Consent obtained from the court of jurisdiction in the juvenile deprived action, if the juvenile court has retained the right to consent to the adoption.  In the event the juvenile court has authorized OKDHS to consent to the adoption, the adoption specialist advises the attorney that a Directive Authorizing Consent to the Adoption will be provided by OKDHS.  The attorney is responsible for preparing a consent to the adoption to be signed by the adoption specialist;

(F) copy of Form 04AN002E, Adoption Assistance Agreement, if applicable;

(G) Form 04AN006E, Affidavit of Information Disclosure for Adoption, which reflects that the adoptive parent(s) has been provided with a copy of Form ODH 347;

(H) information regarding the child's membership in an Indian tribe which is not part of the juvenile deprived case.  The adoption attorney obtains from the juvenile court file a determination whether the child is a member of an Indian tribe or eligible for membership in a tribe. If the adoption specialist obtains information regarding membership or eligibility for membership which was not known during the juvenile proceeding, the adoption specialist immediately reports this information to the attorney for the adoptive parent(s) and includes the information in the adoptive home report.

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

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

2.   Form 04AN010E, Finalized Adoption Case Transmittal, is submitted with records to the State Office for storage.  The records submitted are:

(1) resource family record.  The paper file is sent to the State Office.  The KIDS resource is closed by the adoption specialist.  If the family chooses to re-apply to adopt other children, the KIDS resource is reopened and a copy of the paper file is retained by the adoption specialist;

(2) birth family record.  The paper file is sent to the State Office.  The electronic KIDS file is closed by the primary Child Welfare (CW) worker if 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 file and the electronic file are submitted to the State Office;

(4) legal documents.  Two complete sets of legal documents related to the finalization of the adoption, including:

(A) Petition for Adoption;

(B) Statement of Attorney Fees;

(C) Original and Amended Deprived Petition;

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

(E) Consent to the Adoption; and

(F) Adoption Decree; and