Department for Community Based Services

Standards of Practice Online Manual

13.30 Confidentiality of Closed Agency 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:
6/25/2021
Section:
13.30 Confidentiality of Closed Agency Adoption Records
Version:
2

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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.

Practice Guidance

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

Procedure

The SSW: 

  1. Creates an agency case in TWIST when the parental rights to a child are terminated and the child’s permanency goal has changed to adoption. (please refer to SOP 13.2 Child Freed for Adoption Procedure);
  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 case record; 
  4. Places all documents or information pertaining to the child in the child’s agency case;
  5. Documents in TWIST when a child is placed by the Department for Community Based Services (DCBS) with an adoptive  family for adoption;
  6. Copies any materials from the biological family case record which provides information for the preparation of the presentation summary narrative;  (Please refer to SOP 13.10 Preparing the Presentation Summary Packet); ​2 and 
  7. Adds all further information and materials that pertain to the child to the agency case.

The recruitment and certification (R&C) worker:

  1. Makes an entry in the foster/adoptive home record, when a child is placed in their home, giving the date of placement; 3
  2. Documents post-placement contacts and maintains records through finalization of adoption by adding the documents to the record;
  3. Combines the child’s hard copy of the agency case record and the hard copy of the adoptive family’s record, upon receiving the adoption judgment once finalization of the adoption has occurred and completes the case sealing process for the child's agency case in TWIST; ​4 
  4. ​Prepares a packet for archiving and places documents in a brown expandable folder with the adoptive parent(s) name and TWIST number written on the folder and sent to Division of Records Management (275 E Main St, 3E-G , Frankfort, KY 40621). The packet contains: 5
    1. ​The Agency Archive Cover Memo;
    2. Adoption judgement, adoption petition, and order setting final hearing; 
    3. Adoption contracts (DPP-1258, DPP-1258D, DPP-1258A, and DPP-1258C when applicable), DPP-195 Adoptive Placement Agreement;
    4. Adoption memo and adoption approval letter;
    5. Copy of the family’s original narrative packet; 
    6. Copy of most recent re-evaluation, if one has been completed; 
    7. Copy of the family's annual training record and background check; 
    8. DPP-198 Foster Parent Statement of Intent to Adopt; and 
    9. The presentation summary narrative and packet of documents.
​​
 

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. If mailing the record, registered or certified mail should be used.

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