Okla. Admin. Code § 340:75-15-9

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-15-9 - Confidentiality

Section 7505 -1.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 7505-1.1) requires that all papers and records pertaining to adoption are confidential except as authorized by 10 O.S. §§ 7505-3.2, 7505-6.6, 7508-1.2, and 7508-1.3 or upon order of a court of record for good cause shown. The adoption case record includes the child's case file and the adoptive family resource files. These files are adoption records once they become part of an authorized adoptive placement, per Oklahoma Administrative Code (OAC) 340:75-15-103.

(1)Disclosure of medical and social history. When a child is in Oklahoma Department of Human Services (DHS) custody, per 10 O.S. § 7504-1.2 his or her medical and social histories may be disclosed to the potential adoptive parent without any agreement and without redacting identifying information, unless DHS determines redaction of such information is in the child's best interests, when the:

(A) potential adoptive parent is a kinship or relative caregiver for the child; or

(B) child lived in the potential adoptive parent's home for 12 or more months.

(2)Oklahoma Commission on Children and Youth (OCCY) access to pre-adoption or adoption records. OCCY may access, examine, and copy DHS Child Welfare Services records including records regarding the transition of the child in DHS custody into adoptive placement , per 10 O.S. § 601.6. Adoption records are confidential and not open to inspection except for good cause shown and upon an order of the court of record, per 10 O.S. § 7505-1.1.

(3)Adoption assistance records. All records regarding adoption assistance are confidential.

Okla. Admin. Code § 340:75-15-9

Added at 11 Ok Reg 651, eff 11-15-93 (emergency); Added at 11 Ok Reg 3281, eff 6-27-94; Amended at 13 Ok Reg 483, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2199, eff 6-14-96; Amended at 15 Ok Reg 417, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 20 Ok Reg 2072, eff 6-26-03; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 28 Ok Reg 375, eff 12-1-10 (emergency); Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 30 Ok Reg 839, eff 7-1-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018