§10-7508-1.3.

§10-7508-1.3.
   
   A. The Department of Human Services shall establish a search program
   whereby the services of a confidential intermediary who has been
   certified through the program may be used by eligible persons listed
   in subsection B of this section to locate an adult biological relative
   listed in subsection B of this section with whom contact has been lost
   through adoption or termination of parental rights proceedings.
   
   B. Subject to the restrictions of subsections C and D of this section,
   the following persons may request a search or be the subject of a
   search through the confidential intermediary search program:
   
   1. An adult adopted person;
   
   2. An adult person who has a parent whose parental rights have been
   terminated;
   
   3. The legal parent or guardian of any minor or mentally incompetent
   child of a deceased adopted person;
   
   4. An adult descendant of a deceased adopted person;
   
   5. The legal parent or guardian of any minor or mentally incompetent
   child of a deceased person whose biological parent's parental rights
   have been terminated;
   
   6. An adult descendant of a deceased person whose biological parent's
   parental rights have been terminated;
   
   7. A biological parent whose parental rights were voluntarily or
   involuntarily terminated by court order in an adoption, juvenile,
   guardianship, or domestic relations proceeding;
   
   8. An adult biological sibling or biological grandparent of an adult
   adopted person or of an adult person who has a parent whose parental
   rights have been terminated; and
   
   9. The sibling of a deceased biological parent whose parental rights
   were voluntarily or involuntarily terminated by court order in an
   adoption, juvenile, guardianship, or domestic relations proceeding.
   
   C. A search through the confidential intermediary program may not be
   performed on behalf of:
   
   1. Anyone who has not previously registered with the Mutual Consent
   Voluntary Registry at least six (6) months prior to submission of the
   application for services through the confidential intermediary search
   program;
   
   2. An adult adopted person who has a minor biological sibling in the
   same adoptive family or in an adoptive or foster family or other
   placement whose location is known to the adult adopted person;
   
   3. An adult whose biological parent's parental rights have been
   terminated and who has a minor biological sibling in the same family
   or in an adoptive or foster family or other placement whose location
   is known to that adult; or
   
   4. Anyone who has previously initiated a search for a biological
   parent that refused to share identifying information, communicate, or
   meet, and who initiates a subsequent search for a biological relative
   of that biological parent.
   
   D. If a biological relative of an adopted person, other than a
   biological parent, applies to initiate a search or is the subject of a
   search, the administrator of the confidential intermediary search
   program shall ascertain from the State Registrar of Vital Statistics
   whether an affidavit of nondisclosure by a biological parent of the
   adopted person is on file. If such an affidavit is filed with the
   State Registrar and has not been revoked, the administrator of the
   search program shall decline to initiate a search at the request of or
   for any biological relative of the parent who filed the affidavit of
   nondisclosure, unless the person initiating the search can provide
   satisfactory proof that the biological parent who filed the affidavit
   of nondisclosure is deceased.
   
   E. The Department of Human Services shall administer, directly or
   through a contractor, the confidential intermediary search program.
   The Department of Human Services shall adopt rules and procedures
   necessary to implement the search program, including but not limited
   to the qualifications, minimum standards for training and
   certification, and standards of conduct for a confidential
   intermediary. A person shall not act as a confidential intermediary
   unless the person has completed the training required by the
   Department of Human Services, signed and filed an oath of
   confidentiality with the Department of Human Services, and possesses a
   confidential intermediary certificate issued by the Department of
   Human Services.
   
   F. The Department of Human Services shall develop an oath of
   confidentiality, which must be signed under penalty of perjury by each
   prospective confidential intermediary prior to receiving
   certification. In the oath, the intermediary shall affirm that:
   
   1. The intermediary has completed the requisite training for a
   confidential intermediary as required by the Department of Human
   Services;
   
   2. The intermediary will not disclose to anyone, directly or
   indirectly, identifying or confidential information in the records or
   otherwise obtained through the intermediary's participation in the
   search program, except under the conditions specified in this section;
   
   3. The intermediary will conduct a reasonable search for an individual
   being sought and make a discreet and confidential inquiry as to
   whether the individual consents to release of identifying information
   or medical information or to meeting or communicating with the
   individual initiating the search, and will report back to the
   administrator of the program the results of the intermediary's search
   and inquiry;
   
   4. If the individual initiating the search and the individual being
   sought consent in writing to meet or to communicate with each other,
   the intermediary will act in accordance with the instructions of the
   administrator of the program to facilitate any meeting or
   communication between them;
   
   5. The intermediary will not accept any fee or compensation for the
   intermediary's services except as authorized by the administrator of
   the search program and the Oklahoma Statutes; and
   
   6. The intermediary recognizes that unauthorized release of
   information is a violation of this section and Section 7505-1.1 of
   this title and may subject the intermediary to a fine or imprisonment
   or both, to civil liability, and to loss of certification as a
   confidential intermediary.
   
   G. 1. After an eligible person described in subsection B of this
   section has:
   
   a. completed an application to initiate a search,
   
   b. provided satisfactory proof of identity to the administrator of the
   program, and
   
   c. paid the fee established by the Department of Human Services for
   initiating a search,
   
   the administrator of the search program shall assign the search to a
   confidential intermediary certified by the Department of Human
   Services.
   
   2. The confidential intermediary shall be permitted to inspect:
   
   a. all court records relevant to the adoption or termination of
   parental rights proceeding,
   
   b. the original certificate of birth, or other sealed adoption
   records, and other relevant records, if any, in the possession of the
   State Registrar of Vital Statistics, and
   
   c. all relevant records in the possession of the Department of Human
   Services.
   
   3. The confidential intermediary must present to the custodians of
   such records documentary proof of the intermediary's certification and
   the referral form from the administrator of the search program prior
   to obtaining access to any of these records.
   
   4. The confidential intermediary may also inspect records in the
   possession of a private adoption agency or a private attorney, but
   only if the private agency or attorney voluntarily agrees to cooperate
   and permits the examination.
   
   5. The confidential intermediary shall keep confidential all
   information obtained during the course of the investigation, except as
   disclosure is permitted by this section.
   
   H. 1. If the confidential intermediary is able to locate the subject
   of the search, the confidential intermediary shall make a discreet and
   confidential inquiry as to whether the person who is the subject of
   the search will consent to share identifying information, communicate,
   or meet with the person who initiated the search.
   
   2. The inquiry to the person who is the subject of the search shall be
   by personal and confidential contact. The inquiry shall be made
   without disclosing the identifying information about the person who
   initiated the search.
   
   3. If the person who is the subject of the search is willing to share
   identifying information, communicate, or meet with the person who
   initiated the search, the confidential intermediary shall obtain this
   consent in writing, in a document that is dated and signed by the
   subject of the search.
   
   4. If the person who is the subject of the search is not willing to
   share identifying information, meet, or communicate with the person
   who initiated the search, the confidential intermediary shall attempt
   to obtain any nonidentifying medical or social history information
   that has been requested by the person who has initiated the search.
   
   5. If the confidential intermediary discovers the subject of the
   search is deceased, the confidential intermediary shall include this
   information and, if the deceased subject is a biological parent, shall
   include the identity of the biological parent in the written report.
   
   I. 1. Any written consent and nonidentifying information obtained by
   the confidential intermediary, along with a written report of the
   results of the intermediary's search and inquiry, shall be transmitted
   to the administrator of the confidential intermediary program.
   
   2. If the confidential intermediary is unable to locate the subject of
   the search, the intermediary shall report this to the administrator of
   the program and include in this written report a description of the
   search efforts.
   
   3. If the confidential intermediary discovers that the identity of the
   biological father was unknown or not revealed by the biological
   mother, the confidential intermediary shall also include this
   information in the written report.
   
   J. 1. Upon receipt of the report of the confidential intermediary, the
   administrator of the search program shall contact the person who
   initiated the search.
   
   2. If the subject of the search agreed to share identifying
   information, communicate, or meet, the administrator shall relay this
   information and obtain the written consent of the person who initiated
   the search before arranging the sharing of identifying information,
   communication, or meeting between them.
   
   3. Upon receiving the written consent of both the initiator and the
   subject of the search, the administrator may utilize the services of
   the confidential intermediary to facilitate a communication or
   meeting.
   
   4. If nonidentifying medical or social history information was
   obtained, the administrator shall provide a copy of the nonidentifying
   information to the person who initiated the search. If the
   intermediary was unable to locate the subject of the search or the
   subject is deceased or did not consent to exchange identifying
   information, communicate, or meet, the administrator shall share that
   information with the initiator of the search.
   
   5. If the subject of the search is a biological parent who is
   deceased, the administrator shall provide the initiator of the search
   with any identifying information available regarding the deceased
   biological parent, if the initiator of the search consents in writing
   to receive the information.
   
   K. If the initiator of a search subsequently applies to the court for
   an order allowing the release of identifying information for good
   cause shown, after the subject of the search has refused to share
   identifying information, communicate, or meet, the initiator shall
   advise the court in such person's motion of the results of the search.
   Upon the request of the court, the administrator of the program shall
   disclose to the court the report of the confidential intermediary
   regarding the results of the search, including any information about
   why the subject of the search objected to disclosure or contact.
   
   L. Any information obtained by a confidential intermediary during the
   course of such person's investigation shall be kept strictly
   confidential and shall be disclosed and utilized only in the manner
   permitted by this section.
   
   M. Any person who discloses information obtained during the course of
   a search performed under this section in violation of this act shall
   be guilty of a misdemeanor and shall be fined up to Five Thousand
   Dollars ($5,000.00) or imprisoned for a period of six (6) months or
   both.
   
   N. Any reports and other information collected as a result of a search
   performed under this section shall be retained by the administrator of
   the search program for twenty-two (22) years following the date of the
   initial application for the search.
   
   O. The Department may charge the person who initiates the search for
   the actual expenses incurred in providing the service requested under
   this section and a reasonable fee for compensation of the confidential
   intermediary and the administration of this program.