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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