SECTION 340:75-15-84. Adoption application process

(a)   Child-focused adoption. The Oklahoma Department of Human Services (DHS) adoption program is child focused. An adoptive family is selected for the child in DHS custody that is the closest match to the child's long-term best interests and needs.

(1)   An application requesting a child of a certain age, race, or characteristic is not generally considered.

(2)   An application, including one by a foster parent or relative, does not guarantee a child's placement in the applicant's home.

(3)   There are no DHS service fees to applicants applying to adopt a child in DHS custody.

(b)   Adoption eligibility. Section 7503-1.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 7503-1.1) states that a person is eligible to adopt a child when he or she is at least 21 years of age, and:

(1)   is not married;

(2)   is married and the husband and wife, as a couple, adopt;

(3)   is married, but legally separated from his or her spouse; or

(4)   is the spouse of the child's parent or relative.

(e)    DHS employee applications. DHS employees may apply to adopt children in DHS custody.

(f)   Out-of-state applications. DHS does not process applications from out-of-state applicants.

(1)   DHS does accept certified resource family assessments from licensed private or public adoption agencies in other states and may consider the approved adoptive family for a child in DHS custody.

(2)   The Resource Unit coordinates placement and supervision with the licensed private or public adoption agency in the state where the adoptive family resides.

(3)   Each provision of the Interstate Compact on the Placement of Children is followed, per OAC 340:75-15-82 and 340:75-1-86.

(g)   Reapplication to adopt. When an adoptive parent applies to DHS to adopt again subsequent to a prior completed adoption, his or her information is updated.

(h)   Application withdrawal or denial.

(1)   The applicant may voluntarily withdraw the application.

(2)   The application is denied when the applicant does not meet requirements, per OAC 340:75-15-84.

(3)   Reasons for denying the application are explained to the applicant and are also stated in a letter to the applicant.

(4)   The applicant desiring to adopt a child of a certain age, race, or other characteristic that DHS reasonably believes may not be available for adoption in the foreseeable future is referred to licensed child-placing agencies that are more likely to place children matching the request.

[Source: Added at 11 Ok Reg 651, eff 11-15-93 (emergency); Added at 11 Ok Reg 3281, eff 6-27-94; Amended at 13 Ok Reg 483, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2199, eff 6-14-96; Amended at 14 Ok Reg 998, eff 1-24-97 (emergency); Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 1463, eff 3-30-98 (emergency); Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 16 Ok Reg 2740, eff 4-14-99 (emergency); Amended at 16 Ok Reg 1950, eff 6-11-99; Amended at 17 Ok Reg 445, eff 10-19-99 (emergency); Amended at 17 Ok Reg 1311, eff 5-11-00; Amended at 17 Ok Reg 3531, eff 9-7-00 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 20 Ok Reg 2072, eff 6-26-03; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 25 Ok Reg 269, eff 11-1-07 (emergency); Amended at 25 Ok Reg 970, eff 5-15-08; Amended at 26 Ok Reg 884, eff 5-15-09; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 32 Ok Reg 1904, eff 9-15-15; Amended at 35 Ok Reg 1695, eff 9-17-18]