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Article 4 Medical and
Social Histories
10 O.S. ' 7504 - 1.1
A.
1. Except as otherwise
provided by the Oklahoma Adoption Code, before placing a minor for adoption,
the Department or a child-placing agency shall compile a written medical and
social history report of the minor to be adopted, containing:
a.
all of the information required in subsections B and C of this section
that is reasonably available from each biological parent, from any person who
has had legal or physical custody of the minor, and from any other relative,
or other person or entity who can provide information that cannot otherwise
reasonably be obtained from the biological parents or a
person
who has had legal or physical custody of the minor,
b.
a copy of all medical, dental and psychological records of the minor
obtained from anyone who has provided medical, dental or psychological
services to the child minor, and
c.
a copy of all educational records of the minor.
2.
If a minor is not being placed for adoption through the Department or a
child-placing agency, the attorney representing the adoptive parent in the
adoption proceedings shall compile the report.
If the adoptive parent is not represented by an attorney in a direct
placement adoption, the person placing the minor for adoption shall compile
the report.
B.
1. The Department of
Health shall prescribe the form to be used to record the medical history of
the minor and the minor's biological relatives.
The Department of Health shall furnish the forms to any child-placing
agency, to the Department of Human Services and to any person who is
authorized to place a minor for adoption or who provides services with respect
to placements for adoption.
2.
The medical history form shall include, but is not limited to:
a.
a current medical and psychological history of the minor, including
information concerning:
(1)
any prenatal, neonatal, medical, dental, psychiatric or psychological
diagnoses, examinations or reports,
(2)
any diseases, illnesses, accidents, allergies, and congenital or birth
defects,
(3)
a record of any immunization and other health care received,
(4)
the minor's developmental history, including the age at which the minor
developed basic gross motor, fine motor, language and cognitive skills,
(5)
any behavioral problems the minor has exhibited,
(6)
any physical, sexual or emotional abuse suffered by the minor, and
(7)
any other information necessary to determine the child's eligibility
for state or federal benefits, including subsidies for adoption and other
financial, medical, or similar assistance, and
b.
relevant information concerning the medical and psychological history
of the minor's biological parents and relatives, including information
concerning:
(1)
the gynecologic and obstetric history of the biological mother,
(2)
the health of the biological mother during her pregnancy with the
minor,
(3)
the consumption of drugs, medication or alcohol by the biological
father or the biological mother at the time of conception and by the
biological mother during her pregnancy with the minor,
(4)
the exposure of the biological mother to toxic substances, fumes or
occupational hazards during her pregnancy that could affect the health of the
minor,
(5)
whether the minor's biological mother and biological father are related
to each other and to what degree,
(6)
any history of venereal disease afflicting either biological parent,
(7)
physical characteristics of the biological parents, other children of
either biological parent, and the biological grandparents, including age at
the time of the minor's birth, height, weight, color of eyes, hair, skin and
other information of a similar nature,
(8)
unusual physical characteristics of any biological parent, other
children of either biological parent, biological grandparents and other
biological relatives,
(9)
potentially inheritable genetic, psychological, or physical diseases,
disorders, traits, or tendencies of the biological parents, other children of
either biological parent, the biological grandparents or other biological
relatives,
(10) allergies,
diseases, illnesses, and other medical history of biological parents, other
children of either biological parent, biological grandparents and other
biological relatives, including but not limited to diabetes, high blood
pressure, alcoholism, heart disease, cancer, and epilepsy or predisposition
thereto,
(11) any addiction or
predisposition to addiction to drugs or alcohol by the biological parents,
other children of either biological parent, biological grandparents or other
biological relatives,
(12) if the death of either
biological parent, other children of either biological parent, or a biological
grandparent has occurred, the fact of the death, the age of the decedent at
the time of death, and the cause, if known,
(13) the psychological
history of the biological parents, other children of either biological parent,
biological grandparents and other biological relatives, including any
psychiatric or psychological evaluations, the date of the evaluation, any
diagnoses, and a summary of any psychiatric or psychological findings or
treatment, and
(14) any other useful or
unusual health-related information that the biological parents or relatives
are willing to provide.
C.
The social history report regarding the minor to be adopted, the biological
parents, other children of either biological parent and other biological
relatives shall include, but is not limited to:
1.
The educational history of the minor including, but not limited to, the
minor's enrollment and performance in school, the results of educational
testing, special educational needs of the minor, if any, and the number of
years of school completed at the time of the adoption;
2.
The age of the minor, the biological parents, other children of either
biological parent, and the biological grandparents at the time of the
adoption, and the gender of the other children of either biological parent;
3.
The circumstances leading to the adoption;
4.
The heritage of the minor including, but not limited to, the minor's
nationality, ethnic background, tribal affiliation, if any, and race;
5.
The occupation of the biological parents and the biological
grandparents, but not specific titles or places of employment;
6.
The talents, hobbies and special interests of the minor, the biological
parents, and the biological grandparents;
7.
Nonidentifying information about the extended family of the biological
parents and biological grandparents;
8.
The level of educational and vocational achievement of the minor's
biological parents and relatives and any noteworthy accomplishments;
9.
An account of the minor's past and existing relationship with any
individual with whom the minor has regularly lived or visited;
10.
A criminal conviction, judicial order terminating parental rights, or
other proceeding in which a biological parent of the minor was alleged to have
abused, neglected, abandoned or otherwise mistreated the minor to be adopted,
a sibling of the minor to be adopted, or the other biological parent; and
11.
A criminal conviction or delinquency adjudication of the minor.
D.
A report prepared pursuant to this section must indicate who prepared the
report.
E.
1. Whenever it
is feasible, biological parents, legal or physical custodians of the minor and
other biological relatives should be assisted in providing information for the
medical and social history report by trained professionals employed by the
Department or the licensed child-placing agency, by the attorney for the
adoptive parents or by trained professionals employed by the attorney for the
adoptive parent.
2.
The Department or agency, attorney for the adoptive parent, or person
who prepares the medical and social history report shall advise the biological
parents, any other persons who submitted information for the report and the
adoptive parent that additional information about the adopted person, the
biological parents, and the adopted person's genetic history that becomes
available may be submitted to the Department, agency, attorney, or person who
prepared the report or if the location is known to them, to the clerk of the
court that issues the decree of adoption.
Nothing in this section shall require that the location of the court in
which the adoption action is filed be revealed to the biological parents,
biological relatives or other persons who submitted information for the
report, if the location is not otherwise known to them.
F.
The court may request that a biological parent, a present or former
legal or physical custodian of the minor, a biological relative, a school, or
a medical, dental or psychological care provider for the child supply the
information or records required by this section.
G.
Information contained in a medical and social history report compiled pursuant
to this section shall not be used as evidence in any criminal proceeding
against the individual who furnished the information.
This is a use immunity and not a transactional immunity.
H.
1. If the petitioner for the
adoption of a minor is a stepparent of the minor and the minor will remain in
the custody of one biological parent and the stepparent following the
adoption, only
the
medical and social history of the parent whose parental rights are sought to
be terminated and that parent's biological relatives must be compiled in the
medical and social history report.
2.
If the petitioner for the adoption of a minor is related to the child,
only the medical and social history of the parent who is not related to the
petitioner and the biological relatives of such parent must be completed in
the medical and social history report.
10 O.S. ' 7504 - 1.2
A.
Whenever the disclosure of medical and social history is permitted under this
section, all identifying information shall be deleted from the copy of the
report or record that is disclosed, unless the court, Department, agency,
attorney, or person authorized to disclose information by this section has
been informed in writing by both a biological parent and an adoptive parent or
prospective adoptive parent of their mutual agreement to share identifying
information. When such an
agreement has been made, identifying information shall be released only to the
extent specifically permitted by the written agreement.
B.
As early as practicable before the first meeting of the prospective
adoptive parent with a minor and before the prospective adoptive parent
accepts physical custody of the minor, the Department or child-placing agency
that is placing the minor for adoption, or the attorney for the adoptive
parent in a direct placement adoption, or the person who is placing the minor
for adoption in a direct placement adoption in which the adoptive parent is
not represented by an attorney, shall furnish to the prospective adoptive
parent a copy of the medical and social history report, containing all of the
medical and social history information and records regarding the minor
reasonably available at that time. If
placement of the minor with the prospective adoptive parent does not
subsequently occur, the prospective adoptive parent shall return the medical
and social history report to the Department, agency, attorney or other person
who furnished it to the prospective adoptive parent.
C.
Before a hearing on the petition for adoption, the Department or child-placing
agency that placed the minor for adoption, or the attorney for the adoptive
parent in a direct placement adoption, or the person who placed the minor for
adoption in a direct placement adoption in which the adoptive parent is
unrepresented, shall furnish to the adoptive parent a supplemental written
report containing information or records required by Section 19 of this act,
which was unavailable before the minor was placed for adoption, but which
becomes reasonably available to the Department, agency, attorney, or person
who placed the minor after the placement.
D.
A petition for adoption may not be granted until a copy of the medical and
social history report is filed with the court.
If the court finds that information or records required by Section 19
of this act cannot be obtained by the reasonable efforts of the Department or
child-placing agency placing the minor, or by the attorney for the adoptive
parent in a direct placement adoption, or by the person who placed the minor
for adoption in a direct placement adoption in which the adopted parent is
unrepresented, the court may accept the report and proceed with the adoption.
E.
1. Any
additional information about an adopted person, the adopted person's
biological parents, or the adopted person's genetic history that is submitted
to the clerk of the district court that issues the final decree of adoption,
before or after the final decree of adoption is issued, shall be made a part
of the court's permanent record of the adoption, pursuant to Section 19 of
this act. No filing fee shall be
charged for filing this supplemental information with the court clerk.
2.
An adoptive parent, a biological parent, or an adult adopted person may
file with the clerk of the district court that issued the final decree of
adoption a notice of the individual's current mailing address.
A legal guardian of an adopted minor may file with the clerk of the
district court that issued the final decree of adoption a notice of the
guardian's current mailing address and proof of legal guardianship.
No filing fee shall be charged for filing this notification of address
or guardianship with the court clerk.
3.
Upon filing with the court clerk of supplemental information
concerning the biological parents or the adopted person's genetic history, the
court clerk shall send notice by ordinary mail, at the most recent address, if
any, listed in the court records, to the adoptive parent or legal guardian of
a minor adopted person or to the adult adopted person.
The notice shall state that supplemental information has been received
and is available from the court clerk upon request.
4.
Upon filing with the court clerk supplemental information concerning
the adopted person that may be genetically significant for a biological parent
or biological relative, the court clerk shall send notice by ordinary mail, at
the most recent address, if any, listed in the court records, to the
biological parent. The notice shall state that supplemental information has been
received and is available from the court clerk upon request.
F.
If any additional information about an adopted person, the adopted
person's biological parents, or the adopted person's genetic history is
submitted to the Department, agency, attorney, or person who prepared the
original report, the Department, agency, attorney, or person shall:
1.
Retain this supplemental information with their other records of the
adoption for as long as these records are maintained;
2.
File a copy of the supplemental information with the clerk of the court
that issued the decree of adoption, to be made a part of the court's permanent
record of the adoption pursuant to subsection E of this section; and
3.
Furnish a copy of the supplemental information to:
a.
the adoptive parent or current legal guardian of the child, if the
adopted person is under the age of eighteen (18), or the adult adopted person,
if the location of the adoptive parent, guardian or adult adopted person is
known to the Department, agency, attorney, or person, or
b.
the biological parents, if the supplemental information is submitted by
an adoptive parent or adopted person and concerns genetically significant
information about the adopted person that is relevant to the health or
childbearing decisions of the biological parents or other biological
relatives, if the location of the biological parents is known to the
Department, agency, attorney, or person.
G.
1. The clerk of the
district court that issues the final adoption decree or the Department,
agency, attorney, or person who prepared the medical and social history report
shall provide a copy of the medical and social history report and any
additional medical and social history information in its possession to the
following persons upon request:
a.
the adoptive parent or legal guardian of a minor adopted person,
b.
an adopted person who has attained eighteen (18) years of age, and
c.
an adult whose biological mother's and biological father's parental
rights were terminated and who was never adopted.
2.
The clerk of the district court that issues the final adoption decree or
the Department, agency, attorney, or person who prepared the medical and social
history report shall provide a copy of the medical report and any additional
medical information in its possession to the following persons upon request:
a.
an adult direct descendant of a deceased adopted person or of a deceased
person whose biological mother's and biological father's parental rights were
terminated and who was never adopted, and
b.
the parent or guardian of a minor direct descendant of a deceased adopted
person or of a deceased person whose biological mother's and biological father's
rights were terminated and who was never adopted.
3.
The clerk of the district court that issues the final adoption decree or
the Department, agency, attorney, or person who prepared the
medical and social history report shall provide to the following persons upon
request, a copy of genetically significant supplemental information about an
adopted person, or about a person whose parents' parental rights were
terminated, which became available subsequent to the issuance of the decree of
adoption or termination order:
a.
a biological parent or biological relative of an adopted person, and
b.
a biological parent or biological relative of a person whose biological
mother's and biological father's rights were terminated and who was never
adopted.
4.
The clerk of the district court that issues the final adoption decree
shall provide a copy of any medical and social history information contained in
the court records to the Department, or child-placing agency that placed the
minor for adoption or to the attorney representing the adoptive parent upon
request.
5.
A copy of the report and supplemental medical and social history
information may not be furnished under this subsection to a person who cannot
furnish satisfactory proof of identity and
legal
entitlement to receive a copy.
6.
A person requesting a copy of a report or other medical and social
history information under this subsection shall pay only the actual and
reasonable costs of providing the copy.
H. The Department, a child-placing
agency, or an attorney for an adoptive parent who facilitated or participated in
an adoption proceeding prior to the effective date of this act shall be subject
to the same requirements and duties set forth in subsections F and G of this
section that are required in those subsections for the Department, agency, or
attorney who prepared the medical or social history.
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