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§10-7504-1.1.
§10-7504-1.1.
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 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.
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