The Department of Human Services administers a search program, as required by Section 7508-1.3 of Title 10 of the Oklahoma Statutes, which permits a confidential search for certain adult members of an individual's birth family.  This service is limited to adoptions and termination of parental rights proceedings completed in Oklahoma. Persons contacted under this program are directed to the Mutual Consent Voluntary Registry where exchange of identifying information can be authorized.   • 1

• (1) Confidential Intermediaries.  Services of confidential intermediaries who conduct searches can be contracted through the Department.  The confidential intermediary must be certified through the Department's Search Program.  They are subject to the Department's criteria establishing:
  • (A) eligibility standards;
  • (B) training requirements;
  • (C) standards of conduct and search procedures; and
  • (D) fees to be paid by persons requesting assisted searches.
• (2) Persons eligible for a search through the intermediary search program.  Persons who may request a search or be the subject of a search through the confidential intermediary search program are:
  • (A) an adult adopted person;
  • (B) an adult person who has a parent whose parental rights have been terminated;
  • (C) the legal parent or guardian of any minor or mentally incompetent minor of a deceased adopted person;
  • (D) an adult descendant of a deceased adopted person;
  • (E) the legal parent or guardian of any minor or mentally incompetent minor of a deceased person whose biological parents' parental rights have been terminated;
  • (F) an adult descendant of a deceased person whose biological parents' parental rights have been terminated;
  • (G) a biological parent whose parental rights were voluntarily or involuntarily terminated by court order in an adoption, juvenile, guardianship, or domestic relations proceeding;
  • (H) an adult biological sibling or biological grandparent of an adult adopted person or of an adult person who has a parent whose parental rights have been terminated; and
  • (I) the sibling of a deceased biological parent whose parental rights were voluntarily or involuntarily terminated by court order in an adoption, juvenile, guardianship, or domestic relations proceeding.
• (3) Persons not eligible for a search through the confidential intermediary program.  Persons who are not eligible for a search through the confidential intermediary program are listed in (A) - (E) of this paragraph.
  • (A) Anyone who has not previously registered with the Mutual Consent Voluntary Registry at least six  months prior to submission of the application for services through the confidential intermediary search program.
  • (B) 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.
  • (C) An adult whose biological parent's parental rights have been terminated and who has a minor biological sibling in the same family or in an adoptive or foster family or other placement whose location is known to that adult.
  • (D) Anyone who has previously initiated a search for a biological parent that refused to share identifying information, communicate, or meet, and who initiates a subsequent search for a biological relative of that biological parent.
  • (E) A birth relative, other than a birth parent, who applies to initiate a search or is the subject of a search, in which case the administrator ascertains from the State Registrar of Vital Statistics whether an affidavit of nondisclosure by a birth parent of the adopted person is on file.  If an affidavit of nondisclosure is filed and has not been revoked, the administrator shall decline to initiate a search at the request of or for any birth relative of the birth parent who filed the affidavit of nondisclosure, unless the person initiating the search can provide satisfactory proof that the birth parent who filed the affidavit of nondisclosure is deceased.
• (4) Requirements of the confidential intermediary.  Each prospective confidential intermediary signs an oath of confidentiality Form DCFS-25 (new form number 04CI010E), Confidential Intermediary Oath of Confidentiality, which must be signed under penalty of perjury, prior to receiving certification by the Department.
• (5) Eligibility competencies and standards for confidential intermediary search.  Persons contracting with the Department of Human Services to perform searches must:
  • (A) be twenty-one years of age or older;
  • (B) complete a minimum of two years of college at an accredited college or university;
  • (C) demonstrate a minimum of two years of experience, either professional or volunteer, in legal or psychological aspects of adoption and adoption search;
  • (D) demonstrate expertise, through written references, approved training and personal interviews, in the areas of:
    • (i) sensitivity to adoption-related issues;
    • (ii) ability to maintain confidential files and information;
    • (iii) ability to work within established legal, administrative, and ethical boundaries;
    • (iv) excellent listening and communication skills, written and verbal;
    • (v) ability to work with persons from diverse backgrounds and cultures;
    • (vi) insight regarding personal attitudes regarding adoption, search and reunion to maintain professional neutrality; and
    • (vii) demonstrate general and specific knowledge of search procedures and techniques to be utilized to successfully locate sought after parties.
  • (E) provide a criminal background check, which demonstrates no record of arrests or convictions; and
  • (F) attend continuing education and applicable training as required by the Department to maintain confidential intermediary certification, in the areas of adoption, search, and reunion.
• (6) Procedures to initiate search by confidential intermediary.  The procedures to initiate a search by a confidential intermediary are described in this paragraph.  The person eligible for the search as described in paragraph (2) must:
  • (A) complete an application to initiate a search;
  • (B) provide satisfactory proof of identity to the administrator of the program through either a photo copy of:
    • (i) original birth certificate;
    • (ii) current driver's license; or
    • (iii) social security card; and
  • (C) pay the fee established by the Department of Human Services for initiating a search, prior to the search actually being initiated.
• (7) Procedures for search by confidential intermediary.  The procedures for search by a confidential intermediary are described in this paragraph.
  • (A) The administrator of the search program assigns the search to a confidential intermediary.  The confidential intermediary is permitted to inspect:
    • (i) all court records relevant to the adoption or termination of parental rights proceeding;
    • (ii) the original certificate of birth, or other sealed adoption records, and other relevant records, if any, in the possession of the State Registrar of Vital Statistics; and
    • (iii) all relevant records in the possession of the Department of Human Services.
  • (B) The confidential intermediary:
    • (i) presents to the custodians of such records documentary proof of the intermediary's certification and the referral form from the administrator of the search program prior to obtaining access to any of these records;
    • (ii) may also inspect records in the possession of a private adoption agency or a private attorney, but only if the private agency or attorney voluntarily agrees to cooperate and permits the examination;
    • (iii) keeps confidential all information obtained during the course of the investigation, except as disclosure is permitted by the procedures described in search policy.
  • (C) If the confidential intermediary is able to locate the subject of the search, the confidential intermediary makes a discreet and confidential inquiry as to whether the person who is the subject of the search will consent to share identifying information, communicate, or meet with the person who initiated the search.  The inquiry to the person who is the subject of the search is by personal and confidential contact.  The inquiry is made without disclosing the identifying information about the person who initiated the search.
    • (i) If the person who is the subject of the search is willing to share identifying information, communicate, or meet with the person who initiated the search, the confidential intermediary shall obtain this consent in writing, in a document that is dated and signed by the subject of the search.
    • (ii) If the person who is the subject of the search is not willing to share identifying information, communicate, or meet with the person who initiated the search, the confidential intermediary shall attempt to obtain any non-identifying medical or social history information that has been requested by the person who has initiated the search.
    • (iii) If the confidential intermediary discovers the subject of the search is deceased, the confidential intermediary shall include this information in a written report.  If the deceased subject is a biological parent, the identity of the biological parent is included.
  • (D) Any written consent and non-identifying information obtained by the confidential intermediary, along with a written report of the results of intermediary's search and inquiry, is transmitted to the administrator of the confidential intermediary program.
  • (E) If the confidential intermediary is unable to locate the subject of the search, the intermediary reports this to the administrator of the program, in writing, and includes a description of the search efforts.
  • (F) If the confidential intermediary discovers that the identity of the biological father was unknown or not revealed by the biological mother, the confidential intermediary includes this information in a written report.
• (8) Search confidentiality.  All searches done through the Oklahoma search program are confidential.
  • (A) Any information obtained by a confidential intermediary during the course of the investigation is kept strictly confidential and is disclosed and utilized only in the manner permitted by this section.
  • (B) Section 7508-1.3 of Title 10 of the Oklahoma Statutes states that any person who discloses information obtained during the course of a search performed under this section in violation of this act shall be guilty of a misdemeanor and shall be fined up to Five Thousand Dollars ($5,000.00) or imprisoned for a period of six months or both.
• (9) Search records.  Search records are examined, retained, and maintained as outlined in (A) - (D) of this paragraph.
  • (A) The confidential intermediary contracted through the Department to conduct a search may examine children's records maintained by the State Office Division of Children and Family Services.
  • (B) No original file contents or copies of confidential documents are removed from the Department's files.
  • (C) Any reports and other information collected as a result of a search performed under this section is retained by the administrator of the search program for 22 years following the date of the initial application for the search.
  • (D) During an active search by a confidential intermediary, that intermediary maintains records of all actions taken on behalf of the requester of the search, and furnishes copies of those records to the administrator of the search program.
• (10) Search fee.  Each application for a search through a confidential intermediary must be accompanied by a fee, as authorized in Section 7508-1.3 of Title 10 of the Oklahoma Statutes.   • 2  
• Once application is made for the search and that search has been initiated by the confidential intermediary, any fees paid are non-refundable under any circumstances, including unsuccessful location or reunion.  All fees will be waived for siblings who were separated through DHS adoptions.  Each application for a search must be accompanied by:
  • (A) a $20 fee to register on the mutual consent voluntary registry  six months prior to application for a search;
  • (B) a $400 fee for all initial searches for any one eligible person.  Of this fee, $100 is used for costs to administer the search program and $300 is the fixed rate for the actual search to be paid to the confidential intermediary; and
  • (C)  a $200 fee for any subsequent searches for eligible persons by the same requester.  Of this fee, $50 is for administrative costs of the search program and $150 is the fixed rate for the subsequent search to be paid to the confidential intermediary.