Okla. Admin. Code § 340:75-15-133 - Confidential-Intermediary Search Program
Oklahoma Human Services (OKDHS) administers the Confidential-Intermediary Search Program, which is limited to adoptions and termination of parental rights proceedings completed in Oklahoma, as required by Section 7508-1.3 of Title 10 of the Oklahoma Statutes. The Confidential-Intermediary Search Program permits a confidential search for certain adult members of an individual's birth family, with whom contact was lost through adoption or parental rights termination proceedings. Persons contacted under this program are directed to the Mutual-Consent Voluntary Registry where exchange of identifying information can be authorized.
(1)
Confidential Intermediaries.
Confidential intermediaries who conduct searches, are certified by, and can be
contracted through OKDHS. Confidential intermediaries are subject to OKDHS
criteria establishing:
(A) eligibility
standards;
(B) training
requirements;
(C) standards of
conduct and search procedures; and
(D) fees paid by persons requesting assisted
searches.
(2)
Persons eligible for the Confidential-Intermediary Search Program.
Persons who may request a search or be the subject of a search, are:
(A) an adopted individual, 18 years of age
and older (adult);
(B) an adult
person whose biological parent's parental rights were terminated;
(C) the legal parent or guardian of a 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 a minor or mentally-incompetent minor of a deceased person whose
biological parents' parental rights were terminated;
(F) an adult descendant of a deceased person
whose biological parents' parental rights were 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 whose parents'
parental rights were 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 the Confidential-Intermediary Search
Program. Persons who are not eligible for a search 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 the Confidential-Intermediary
Search Program services.
(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 parents'
parental rights were 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 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 Confidential-Intermediary Search Program administrator
ascertains from the State Registrar of Vital Statistics if an affidavit of
nondisclosure by a birth parent of the adopted person is on file. When an
affidavit of nondisclosure is filed and was not revoked, the
Confidential-Intermediary Search Program administrator must 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 potential confidential intermediary signs Form
04CI010E, Confidential Intermediary Oath of Confidentiality, which must be
signed under penalty of perjury, prior to receiving OKDHS certification.
(5)
Eligibility competencies
and standards for confidential intermediaries. Persons contracting with
OKDHS to perform searches must:
(A) be 21
years of age and older;
(B)
complete a minimum of two years at an accredited college or
university;
(C) demonstrate a
minimum of two years' 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, regarding:
(i) sensitivity to adoption-related
issues;
(ii) an ability to maintain
confidential files and information;
(iii) an ability to work within established
legal, administrative, and ethical boundaries;
(iv) listening and communication skills,
written and verbal;
(v) an ability
to work with persons from diverse backgrounds and cultures;
(vi) personal attitudes toward adoption,
search, and reunion to maintain professional neutrality; and
(vii) general and specific knowledge of
search procedures and techniques utilized to successfully locate sought after
parties;
(E) provide a
criminal background search with no record of arrests or convictions;
and
(F) attend continuing education
and applicable training as required by OKDHS to maintain confidential
intermediary certification, in the areas of adoption, search, and
reunion.
(6)
Procedures to initiate search by confidential intermediary. The
eligible person described in paragraph (2) must:
(A) complete an application to initiate a
search;
(B) provide satisfactory
proof of identity to the Confidential-Intermediary Search Program administrator
with a copy of a:
(i) birth
certificate;
(ii) current driver
license; or
(iii) Social Security
Administration card; and
(C) pay the OKDHS-established fee for
initiating a search.
(7)
Procedures for search by confidential intermediary.
(A) The Confidential-Intermediary Search
Program administrator 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 proceedings;
(ii) the original birth certificate, or other
sealed adoption records, and other relevant records, when any, in the
possession of the State Registrar of Vital Statistics; and
(iii) all relevant records in OKDHS
possession.
(B) The
confidential intermediary:
(i) presents
documentary proof of the intermediary's certification and the referral form
from the Confidential-Intermediary Search Program administrator to records
custodians, prior to obtaining access to any of these records;
(ii) may also inspect records in the
possession of a private adoption agency or attorney, but only when the private
agency or attorney voluntarily agrees to cooperate and permits the examination;
and
(iii) keeps all information
obtained during the course of the investigation confidential, except when
disclosure is permitted by the procedures described in search
policy.
(C) When 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 is made without disclosing the identifying information
about the person who initiated the search.
(i) When 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 must
obtain this consent in a written document that is dated and signed by the
subject of the search.
(ii) When
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 must attempt to obtain any non-identifying medical or
social history information requested by the person who initiated the
search.
(iii) When the confidential
intermediary discovers the subject of the search is deceased, the confidential
intermediary includes this information in a written report. When the deceased
subject is a biological parent, his or her identity is included.
(D) Any written consent and
non-identifying information obtained by the confidential intermediary, along
with a written report of the results of the intermediary's search and inquiry,
is transmitted to the Confidential-Intermediary Search Program administrator.
(E) When the confidential
intermediary is unable to locate the subject of the search, the confidential
intermediary reports this to the Confidential-Intermediary Search Program
administrator in writing and includes a description of the search efforts.
(F) When 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)
Confidential-Intermediary Search
Program confidentiality. All searches done through the
Confidential-Intermediary 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) 10
O.S. § 7508-1.3 states that any person who discloses information obtained
during the course of a search performed, per this Section in violation of this
act shall be guilty of a misdemeanor and fined up to $5,000 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 OKDHS-contracted
confidential intermediary may examine children's Child Welfare Services records
maintained by the OKDHS State Office.
(B) No original file contents or copies of
confidential documents are removed from OKDHS files.
(C) Any reports and other information
collected as a result of a search performed, per this Section are retained by
the Confidential-Intermediary Search Program administrator for 22 years
following the date of the initial search application.
(D) During a confidential intermediary
search, the intermediary maintains records of all actions and furnishes copies
of those records to the Confidential-Intermediary Search Program
administrator.
(10)
Confidential-Intermediary Search Program fees. Each application
for a search through a confidential intermediary must be accompanied by a fee,
per 10 O.S. § 7508-1.3. Once application is made for the search and is
initiated by the confidential intermediary, any fees paid are non-refundable
under any circumstances, including unsuccessful location or reunion. All fees
are waived for siblings who were separated through OKDHS 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) $400 fee for an initial search for one
eligible person. Of this fee, $100 is used for search program administrative
costs and $300 is the fixed rate for the search, paid to the confidential
intermediary; and
(C) $200 fee for
subsequent searches for eligible persons by the same requester. Of this fee,
$50 is for search program administrative costs and $150 is the fixed rate for
the subsequent search, paid to the confidential intermediary.
Notes
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