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Article 9. General
Provisions
10 O.S. ' 7509 - 1.1
A.
It is the public policy of the State of Oklahoma that when an infant will be
placed for adoption, a discharge of the infant from a medical facility shall
be made as soon after birth as is medically prudent to facilitate the
placement that has been arranged.
B.
It shall be unlawful for any physician, hospital, or any other person
or entity to condition discharge of an infant from a medical facility on the
payment of any expense or to require a temporary order from a court before
discharging an infant. Upon receipt of a written authorization of the birth mother,
a medical facility shall release an infant to the person or agency designated
in the written authorization.
C.
Any physician, hospital, or any other person or entity that violates the
provisions of subsection B of this section shall be liable in a civil action
for compensatory and punitive damages, shall be subject to injunctive remedies
and a judgment for the payment of an aggrieved person's attorney fees and
court costs. In addition, upon proof before any State of Oklahoma
licensing board or agency, that any physician, hospital, or other person or
entity has violated the provisions of this section, said person's or entity's
license or charter to practice a profession or conduct business operations
within this state may be suspended.
10 O.S. ' 7509-1.2
In
order to facilitate the updating of medical and social information received
pursuant to the Oklahoma Adoption Act and for the operation of the mutual
consent voluntary registry and the confidential intermediary search programs,
the office of the court clerk in each county of this state shall create a
confidential index that cross-references an adoption of a child by both the
child=s
birth name and adoptive name.
10 O.S. ' 7510-1.3
1.The
Department of Human Services shall establish and administer an ongoing program
of subsidized adoption. Subsidies
and services for children who are in the permanent custody of the Department
of Human Services under this program shall be provided out of funds
appropriated to the Department of Human Services for the maintenance of
children in foster care or made available to it from other sources.
2.Children
who are in the court-ordered custody of a licensed private nonprofit
child-placing agency or federally recognized Indian tribe, as defined by the
federal Indian Child Welfare Act, shall receive subsidies and services from
funds appropriated by the Legislature.
10. O.S. ' 7510-1.5
1.When
a parent or parents are found and approved for adoption of a child certified
as eligible for subsidy, and before the final decree of adoption is issued,
there must be a written agreement between the family entering into the
subsidized adoption and the Department of Human Services.
Adoption subsidies in individual cases may commence with the adoption
placement or at the appropriate time after the adoption decree, and shall be
based on the needs of the child as well as the availability of other resources
to meet the child=s
needs. The subsidy may be for
special services only, or for money payments, and either for a limited period,
or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no
case exceed that which would be allowable from time to time for such child
under foster family care, or in the case of a special service, the reasonable
fee for service rendered.
2.When
a child is determined to have a causative, preexisting condition which was not
identified or known prior to the legal adoption and which has resulted in a
severe medical or psychiatric condition that requires extensive treatment,
hospitalization, or institutionalization, an adoption subsidy may be approved.
Upon the approval of the subsidy, the adoptive parents shall also be
entitled to receive retroactive subsidy payments for the two (2) months prior
to the date such subsidy was approved.
3.Any
child who met the requirements of the provisions of Section 7510-1.2 of this
title, and was determined eligible for Oklahoma adoption assistance payments
with respect to a prior adoption, and is available for adoption because the
prior adoption has been dissolved and the parental rights of the adoptive
parents have been terminated or because the child=s
adoptive parents have died, shall be eligible for Oklahoma adoption assistance
payments with respect to any subsequent adoption.
4.When
subsidies are for more than one (1) year, the adoptive parent or parents shall
present an annual sworn certification that the adopted child remains under
their care and that the conditions that caused the child to be certified
continue to exist. The adoptive
parent or parents shall at all times keep the Department of Human Services
informed of circumstances which would make them ineligible for such assistance
payments or eligible for assistance payments in a different amount.
The Department of Human Services is authorized and directed to make a
review of each subsidy annually to assure that the parents are fulfilling
their contract obligations. No
payment may be made to any parents with respect to any child who has attained
the age of eighteen (18) years, except where the state determines that the
child has a physical or mental handicap which warrants the continuation of
assistance until the child reaches the age of twenty-one (21) years.
Termination or modification of the subsidy agreement may be requested
by the adoptive parent or parents at any time.
No payment may be made to adoptive parents if the Department determines
that the parents are no longer legally responsible for the support of the
child or that the child is no longer receiving any support from such parents.
5.A
child who is a resident of this state when eligibility for subsidy is certified
shall remain eligible and receive subsidy, if necessary for adoption, regardless
of the domicile or residence of the adopting parent or parents at the time of
application for adoption, placement, legal decree of adoption or thereafter.
6.All
records regarding subsidized adoption shall be confidential and may be disclosed
only in accordance with the provisions of the Oklahoma Adoption Code.
10 O.S. 7510-2.1
1.The
Department of Human Services, as funds become available for such purposes, shall
contract with or join the Oklahoma Children=s
Adoptive Resources Exchange or any other instate or out-of-state or national
adoption exchange for purposes of increasing and promoting the placement and
adoption of children who are in the custody of the Department of Human Services
and in child placing agencies.
2.Upon
contracting with or joining the
Oklahoma Children=s
Adoption Resources Exchange or any instate or out-of-state or national adoption
exchange, the Department and all child-placing agencies shall be required to
provide certain information to the Oklahoma Children=s Adoption Resource Exchange or any
other instate, out-of state, or national adoption exchange specified by the
Department.
3.For
purposes of the Subsidized Adoption Act:
1.
AAdoption
exchange@
shall include only those exchanges which provide monthly updated system,
containing a photograph or description of each child whose parental rights have
been terminated and is legally available for adoption; and
2.
AOklahoma
Children=s
Adoption Resource Exchange@
is a private nonprofit corporation incorporated in this state whose membership
is composed of child-placing agencies which operates under the direction of a
board of directors selected in accordance with the bylaws of the corporation.
10 O.S. ' 7510-2.3
The
following persons are exempt from the provisions of Sections 7510-2.1 through
7510-2.5 of this title:
1.
Children age twelve (12) years or older who do not choose to be adopted
pursuant to the Oklahoma Adoption Act;
2.
Children for whom permanent placement plans have been made that do not
include adoption; for example, permanent placement with relatives or long-term
foster care;
3.
Children who, because of medical or psychological reasons as determined
by a licensed psychiatrist , psychologist or physician, are not ready for
adoption;
4.
Children who are runaways and whose present location is unknown; and
5.
Children who are currently in an adoptive placement, pursuant to Section
7505-6.3 of this title.
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