Chapter 5 : Section 20
Sharing Information in an Adoption
Policy
Sharing Non-Identifying Information in an Adoption
The following individuals may receive non-identifying information:
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adoptive parents or, if the adoptive parents have died, the adoptee's guardian;
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the adoptee, if 18 years of age or older. If the adoptee has died, the adoptee's spouse, if they are the legal parent or guardian of the adoptee's child;
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if the adoptee has died, any child of the adoptee who is 18 years of age or older;
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the birth parent of the adoptee or other biological children of the birth parent.
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the biological grandparents of the adoptee or other members of the adoptee’s extended biological family.
Non-identifying information includes, but is not limited to, health and genetic history, social history and developmental history. It does not include information that specifies an individual, such as names or addresses.
Sharing Identifying Information
Upon request the Department shall facilitate the release of identifying information to birth parents, adoptive parents and/or adoptees to the extent allowable by law.
The Department shall allow certified Confidential Intermediaries to review the following documents:
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Report to the Court on Placement of Child;
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Family History (Non-Identifying Information);
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Pre-placement Summary;
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Family and Home Evaluation and/or Family and Home Reevaluation;
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Adoptive Home Study;
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Court Reports on Petition to Adopt;
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Consent to Place Child for Adoption or ICWA Consent and Certification;
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Religious Waivers;
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Termination of Parental Rights Order;
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Adoptee's Birth Certificate;
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Parent's Death Certificate; and
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Communication Agreements.
A Confidential Intermediary may not remove or photocopy any documents inspected.
The Department shall not allow certified Confidential Intermediaries to inspect documents related to:
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DCS;
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foster care;
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dependency;
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termination of parent-child relationships;
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case notes;
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face sheets; and
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other documents not specified by law
Procedures
Sharing Non-Identifying Information in an Adoption
The DCS region responsible for the adoption of the child will be responsible for providing non-identifying information to the requesting individuals following the procedures below.
To request non-identifying information, any of the individuals identified in policy as eligible to receive non-identifying information, must submit a signed, notarized DCS Records Request.
When non-identifying information is requested, the regional coordinator will:
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complete the Child Information, CSO-1045A if it is not already in the record; and
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supplement the form with a narrative addendum, if information is incomplete.
Sharing Identifying Information in an Adoption
To manage identifying information about an adoptive parent, request that adoptive parents complete and sign an Adoptive Parent(s)' Release of Identifying Information, CSO-1041A
specifying what information, if any, they agree to share with the birth parents.
Discuss what information may be shared
Adoptive parents may be reluctant to allow the exchange of information with the birth families. While they are allowed to decide what they want to share –or if they want to share—DCS Specialists should explore with the adoptive family the benefit for the child when there is some kind of interaction and information sharing between the child and their birth family. Children being adopted, especially children who had a relationship with their birth families, may need to know that their birth family is going to be okay, before they are able to adjust to their new adoptive home.
Additionally, if adoptive families are willing to keep the birth parents involved in the life of their adopted child, it has the potential to enrich both the life of the child and the adoptive family.
If adoptive parents are concerned with the safety of the child or their family, then the adoptive parents do not have to involve the birth parent. If they do not wish to share any identifying information about themselves, keep the signed Adoptive Parent(s)' Release of Identifying Information, CSO-1041A, in the child's adoption record.
If the adoptive parents agree to share information about themselves and the birth parents wish to receive it, mail the birth parent the Adoptive Parent Release of Identifying Information, CSO-1041A. It should be sent, certified mail, restricted delivery, to the birth parent's address as recorded on the Birth Parent(s)' Release of Identifying Information, CSO-1042A, after the finalization of the adoption.
If the adoptive parents wish to receive information the birth parents have agreed to share:
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after finalization, provide the adoptive parents with the Birth Parent's Release of Identifying Information, CSO-1042A; and.
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have the adoptive parents sign the form, acknowledging receipt.
Refer requests from a Confidential Intermediary to the region’s Confidential Intermediary contact person.
Documentation regarding Sharing of Non-Identifying information in an Adoption
Document all requests for non-identifying information in Guardian in Notes, designated as Collateral type.
If information is provided in response to a written request, record who asked for the information, the type of information provided, who provided the information, and the date on which the information was provided.
Note in the case record the person who requested information, his or her relationship to the adoptee, and the date the information was provided.
Documentation regarding Sharing of Identifying information in an Adoption
Document the sharing of identifying information about the birth parent with the adoptive parent by scanning a copy of the signed Birth Parent(s)' Release of Identifying Information, CSO-1042A, into Guardian and maintaining a copy in the family's hard copy record.
Document the sharing of identifying information about the adoptive parent with the birth parent by maintaining the certified mail receipt in the family's hard copy record.
Document the provision of information to Confidential Intermediaries in the case record. Identify the information that was provided, and date and sign the entry.
A.R.S. § 8-807. DCS information; public record; use; confidentiality; violation; classification; definition
A.R.S. § 41-1959. Confidential information; permissible disclosure; rules; violation; classification
A.R.S. § 8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers
A.R.S. § 8-120. Records; inspection; exception; destruction or transfer of certain records
A.R.S. § 8-534. Contents of petition
A.R.S. § 8-121. Confidentiality of information; exceptions
A.R.S. § 8-134. Confidential intermediary
A.R.S. § 8-129. Health and genetic history; compilation; availability; costs
A.A.C. R21-5-415. Provision of Information on a Placed Child