Confidentiality

EAS 35049, 35351

An adoption case record is confidential. An adoption case record is established when an agency accepts the completed and signed adoption application from a prospective adoptive parent or parents.
No agency shall include or disclose the identity of the adoptee’s birth parent or the birth parent’s information.

To maintain confidentiality of the adoption case record, there must be no IDENTIFYING INFORMATION in the Adoption case record that links the child(ren) to the Foster Care Eligibility case. This includes previous Foster Care case information, except for the FC 8.

Note: The only exception is RDSS cases, where there is no foster care case and no AAP Case Information Sheet (SCZ 33).

Social Security Numbers (SSNs)

The adopted child, in most cases, will have the same SSN as when the child was in foster care. When the child’s name has changed, the SSN cannot be added to the adoption case until the Social Security Administration validates it with a copy of the SSN card showing the adopted child’s new name. When the child’s SSN is not changed, it can be added to the AAP case record when the FC case is closed, and the SSN has been removed. When the adopted child’s SSN is validated, and it has not been removed from the FC record, it must be removed from the closed foster care case and added to the AAP case. Refer to the Continuing FC SSBS Responsibilities and Documentation subsection within the Eligibility topic within this chapter.

Release of Information

Information shall be released from an adoption case record to the individual to whom the information pertains (the adoptive parents). No agency may disclose any personal information in a way that would link the information being shared to the individual it concerns, unless the disclosure is to and about the individual to whom the information pertains. The disclosure of any information about the adoption case must be forwarded to the Post Adoption Social Worker, including information requested by any office outside of FCE.

Release of Information to Other Public Agencies

WIC 10850(b)

Any county welfare department in the state may release lists of applicants for, or recipients of, public social services, to any other county welfare department or State Department of Social Services. These lists or any other records shall be released when requested by any county welfare department or State Department of Social Services. These lists or other records shall only be used for the purposes directly connected with the administration of public social services. Except for those purposes, no person shall publish, disclose, use, or permit or cause to be published, disclosed, or used any confidential information about an applicant or recipient.

The release or use of information concerning individuals applying for or receiving financial services is restricted to persons or agency representatives who are subject to standards of confidentiality comparable to those of the agency administering the financial assistance program.

The use of the information is restricted to certain persons who require the information for specified purposes. Those people are still bound by the confidentiality of the information that is obtained.

Verification of Benefits

AAP benefits are to follow the child and be used to benefit the child, not to be counted as income for the parent. Adoptive parents are not recipients of AAP benefits; rather, AAP benefits are made on the child’s behalf to meet their needs. A copy of the last signed AD 4320 is sufficient documentation to verify the receipt of AAP benefits and is the adoptive parent’s responsibility to provide a copy to the requestor. Since Foster Care Eligibility (FCE) does not receive the AD 4320, any verification requests should be forwarded to the AAP Post-Adoptions unit. Under no circumstances should FCE provide verification of AAP benefits. To provide verification of benefits constitutes a monitoring citation.

Upon the adoptive parent's request, FC Eligibililty Workers may provide a copy of the most recent notice of action (NOA).

Related Topics

Adoption Assistance Program [EAS 35325 - 35352.2]