Library: Policy
340:75-15-9. Confidentiality
Revised 9-17-18
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 & 2
(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
(3) Adoption assistance records. All records regarding adoption assistance are confidential.
INSTRUCTIONS TO STAFF 340:75-15-9
Issued 1-31-18
1.Adoption record storage.Adoption records are stored in locked files or desks to ensure confidentiality.After an adoption is finalized for the child placed by Oklahoma Department of Human Services (DHS), the adoption record including the child's birth family record, adoptive placement record, and the adoptive resource file, is stored in locked storage in the Post-Adoption Services.
2.Redaction of information identifying the adoptive family.The adoptive family is not identified in any form in the child's birth family record or in reports to the court in the child's deprived court case.
3.Oklahoma Commission on Children and Youth (OCCY) access to adoption records.When OCCY requests access to records pertaining to a child in adoptive placement, the Post-Adoption Services is notified.The records regarding the child's transition from foster care to adoption are redacted by DHS to exclude any information identifying the adoptive parent.
