Department for Community Based Services

Standards of Practice Online Manual

13.30 Confidentiality of Closed Adoption Records

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30 Confidentiality of Closed Adoption Records
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

KRS 199.570 specifies that no person having charge of any adoption record shall give to anyone, even to the parties of an adoption, the names of any parties appearing in the records or any copy of the records except upon order of the court which granted the adoption.

Procedure

The SSW: 

  1. Creates an agency/permanency case in TWIST when the parental rights to a child are terminated and the child’s permanency goal has changed to adoption;
  2. Removes all documents or information pertaining to the child from the biological parent or family case; 1
  3. Begins the child’s hardcopy agency/permanency case record; 
  4. Places all documents or information pertaining to the child in the child’s agency/permanency case;
  5. Documents in TWIST when a child is placed by the department with a resource family for adoption;
  6. Copies any materials from the biological family case record which provides information for the preparation of the presentation summary narrative;  (Refer to SOP 13.10 Preparing the Presentation Summary Packet) 2
  7. Adds all further information and materials that pertain to the child to the agency/permanency case.

The recruitment and certification (R&C) worker:

  1. Prepares the adoptive family record when an application is received;
  2. Enters into TWIST all information regarding the resource family approved to provide adoption services;
  3. Makes an entry in the adoptive home record, after a child is placed in the home, giving the date of placement, followed by the statement "A child was placed for adoption in this home on this date;" 3
  4. Adds post-placement recordings and finalization documents to the record;
  5. Combines the child’s hard copy of the agency/permanency case record and the hard copy of the adoptive family’s record, upon receiving notice from the Permanency Services Branch that the adoption has been granted, and follows these guidelines:
    1. Makes a notation in the combined case record that the adoption was granted;
    2. Completes the case sealing process for the child’s agency/permanency case in TWIST; 4
    3. Gives the hard copy of the combined closed record to the FSOS. 

The FSOS: 

  1. Arranges to transport the closed case record to the Records
  2. Management Section within thirty (30) days of the notification of the adoption being granted. 5

Practice Guidance

  • Transfer of the agency/permanency case can occur at any time during the process prior to case sealing.

 

  • When there are other children in the family receiving services, the biological family case remains active in TWIST.
 

Footnotes

  1. These documents include any medical, psychological and/or school reports. 
  2. These materials include information pertaining to the circumstances of the child before coming into out of home care, the reason the child came into care and all documents that provide background information on the biological parents, siblings and other extended biological family. 
  3. The record remains in the active files until adoption finalization. 
  4. The child will automatically be added to the adoptive family’s provide case as a resource individual.
  5. Mailing the record is not advised; however, if mailing becomes necessary, registered or certified mail should be used.

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