OKDHS.org - OAC 340:75-15-132. Mutual Consent Voluntary Registry

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340:75-15-132. Mutual Consent Voluntary Registry

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Revised 7-12-01

The Department is required by Section 7508-1.2 of Title 10 of the Oklahoma Statutes to maintain a Mutual Consent Voluntary Registry. The Mutual Consent Voluntary Registry is a service to facilitate contact between adult adoptees or adults whose birth parents' parental rights were terminated and their birth family members. This service is limited to adoptions and termination of parental rights proceedings completed in Oklahoma. Individuals eligible to register on the Mutual Consent Voluntary Registry may indicate their willingness to have their identity and whereabouts disclosed to each other and contact can be facilitated. • 1

(1) Persons eligible to register. The register is open to any person who is now 18 years of age or older who is:
- (A) an adult adopted person;
- (B) an adult person who has a parent whose parental rights have been terminated;
- (C) the adoptive parents or guardian of an adopted person who is under the age of 18 or who has been declared mentally incompetent;
- (D) the legal parent or guardian of any minor child or mentally incompetent minor of the adopted person, if the adopted person is deceased;
- (E) any adult descendant of the adopted person if the adopted person is deceased;
- (F) the legal parent or guardian of any minor or mentally incompetent child of a deceased person whose biological parent's parental rights have been terminated;
- (G) the adult descendants of a deceased person whose biological parent's parental rights have been terminated;
- (H) a parent whose parental rights were voluntarily terminated by court order subsequent to the parent's consent or relinquishment, or involuntarily terminated by court order, in an adoption, juvenile, guardianship, or domestic relations proceeding;
- (I) an adult biological relative of an adopted person or a person whose biological parent's parental rights have been terminated; or
- (J) the legal parent or guardian of a minor or a person who has been declared mentally incompetent whose biological parent's parental rights have been terminated.
(2) Persons ineligible to register. Persons ineligible to register are:
- (A) an adult adopted person who has a minor biological sibling in the same adoptive family or in an adoptive or foster family or other placement whose location is known to the adult adopted person;
- (B) an adult whose biological parent's parental rights have been terminated and who has a biological sibling in the same family or in an adoptive or foster family or other placement whose location is known to that adult; or
- (C) a person whose adoption or termination of parental rights proceedings did not occur in Oklahoma.
(3) Registration. An eligible person may register by submitting a completed Oklahoma Mutual Consent Voluntary Registry, Form DCFS-22 (new form number 04CI002E), provided by the Department of Human Services State Office Adoption Section.
(4) Retention of records. Any affidavits filed and other information collected is retained for 22 years following the date of registration.

INSTRUCTIONS TO STAFF 340:75-15-132

1. (a) Matches. The State Office Adoption Section Reunion & Search Administrator processes each affidavit in an attempt to match the registrant with any other eligible persons who have registered and consented to have their identifying information released to the registrant. When a match occurs, the registrant is notified by the registrant's designated method only and the registrant's consent to an exchange of identifying information is obtained on Form DCFS-36 (new form number 04CI004E), Consent to Disclosure, before any identifying information is released. No state or local governmental department, agency or institution, or contractor, or any employee thereof, shall solicit any consent for the release of identifying information from someone who has not registered with the registry. If a birth relative, other than a birth parent, registers with the Mutual Consent Voluntary Registry, the administrator of the registry ascertains from the State Registrar of Vital Statistics whether an affidavit of nondisclosure by a birth parent is on file. If such an affidavit is filed and has not been revoked, the administrator does not process a match with any birth relative of the parent who filed the affidavit of nondisclosure.

(b) Reunion counseling. The pre-consent counseling will be provided by State Office Adoption Section Reunion and Search Administrator. The purpose of the counseling is to ensure that the person has an understanding of the implications of disclosure. All available non-identifying updated information should be obtained about each party and given to the client. The following are suggested as issues to be raised and discussed with a birth relative or adopted person during counseling and prior to release of identifying information. This process usually requires one interview with each party.

(1) Motivation. What is the most important issue to them? Is it a sense of identity, roots, or medical information? Are they seeking a parental relationship?

(2) Expectation. What kind of relationship do they expect or hope will develop? Are these expectations realistic? Have they considered potential problems if their expectations are not met?

(3) Other family members. How will the reunion affect other members of the immediate and extended family? Explore issues of adoptive parents' attitudes.

(4) Initial contact. Explore how they would like to proceed with a reunion. An exchange of letters and photographs may precede the meeting.

(c) Consent to disclosure. Once counseling has been provided and the client is ready to proceed, identifying information may be shared between parties. Identifying information can only be shared with the parties of the reunion.

(d) Reunion. The actual reunion should be discussed during the counseling with the parties reaching a joint decision about how to proceed. They may choose to telephone each other, write letters, send pictures or choose to have a meeting. The counselor is not expected to participate in the meeting. Requests for post reunion counseling should be referred to an appropriate resource in the community.

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