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 birth parent’s information.

In order to maintain confidentiality of the adoption case record, there must be no IDENTIFYING INFORMATION in the Adoption case record which 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 the AAP Case Information Sheet (SCZ 33).

Social Security Numbers (SSNs)

The adopted child in most cases will have the same SSN number 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 SSN is validated by Social Security Administration with a copy of SSN card with the adopted child’s new name. When the child’s SSN is not changed the SSN number 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 for the FC record, it must be removed from the closed foster care case and added to the AAP case. Refer to Continuing FC EW Responsibilities and Documentation.

Release of Information

Information shall be released from an adoption case record to the individual to whom the information pertains to (the adoptive parents). No agency may disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the disclosure of information is to and about the individual to whom the information pertains. The disclosure of any information pertaining to the adoption case with the exception of verification of benefits 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 list 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 pertaining to 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 the standards of confidentiality which are comparable to those of the agency administering the financial assistance program.

The use of the information is restricted to certain persons that require the information for specified purposes. Those person are still bound by 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 his or her 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.

A request for current Verification of Benefits must be sent in writing by the adoptive parents. Information regarding benefits cannot be released without written consent from the adoptive parent(s). When responding to the adoptive parents request, FC EWs must have the adoptive parents complete the “Verification of Benefits” (SCD 1521). When the SCD 1521 is signed and dated by the adoptive parent and completed by the FC EW it must be sent to the post adoption unit and a copy of the request and the completed SCD 1521 must be maintained in the eligibility file.

Related Topics

Adoption Assistance Program [EAS 35325 - 35352.2]