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A. WHAT AGENCIES CAN ACT AS CONFIDENTIAL INTERMEDIARIES
B. FEES FOR CONFIDENTIAL INTERMEDIARY SERVICES
C. REPORTING COUNTY SOCIAL WORK TIME
Only county departments of social services or child-placing agencies licensed by the NC Division of Social Services may act as a CI agency. It is entirely voluntary on the part of the individual county department of social services or licensed adoption agency as to whether they will act as a CI agency and provide these services. It is also the decision of the individual county department of social services or licensed adoption agency as to what services they will provide and for whom. Some agencies may decide to provide services only to those individuals whose adoption case was handled by their agency. Others may choose to provide CI services to anyone. Some agencies may decide to provide CI services to adult adoptees only and others may decide to serve all of the eligible categories of individuals.
Agencies acting as a Confidential Intermediary may set their own fee for this service. CI agencies will need to develop a fee structure that can be supported by reasonable and customary cost methodology. The actual fees charged will need to take into consideration the specific task being performed, and the role of the staff person performing the task.
Some of the activities to be considered in developing a fee structure include:
Once activities have been identified, there should be consideration about the staff and overhead costs involved when developing a fee structure. It is recommended that agencies use a similar process to other fees set by the agency and consult with other agencies serving as Confidential Intermediaries as needed.
Agencies should consider all potential services to insure the fee developed encompasses all relevant costs. Consideration should be made regarding circumstances where the individual being sought is deceased as an additional fee for acquiring a death certificate may be necessary. County departments of social services should specifically reference G.S. §108A-10 for statutory requirements regarding fees.
At the CI agency’s discretion, the fee structure may include circumstances for which fees may be waived or reduced, for example, for indigent individuals. Written information regarding the CI agency fee structure must be available to anyone inquiring about CI services. Applicants must be provided with a written copy of the fee policy.
Note: Fees for CI services may not be charged in situations where the person requesting the information is entitled to it pursuant to statute or when the agency is required by statute to make an effort to find someone in order to share specific information. The agency must provide non-identifying information, upon request, to an adoptive parent or adult adoptee. (G.S. § 48-9-103(a)) The agency may provide non-identifying information about the adoptee’s present circumstances, if known, to a birth parent, adult birth sibling or guardian of a minor birth sibling. (G.S. § 48-9-103(f)). In both these instances, the agency may only charge a reasonable fee for locating and making copies of this non-identifying information. (G.S. § 48-9-103(g)) Additionally, if an agency receives information from the adoptee’s birth parent or family about a health or genetic condition that may affect the health of the adoptee or the adoptee’s child, the agency must make a reasonable effort to contact and forward this information to an adult adoptee or the adoptive parent of a minor adoptee. G.S. § 48-9-103(e). This service must be provided without charge.
Effective January 1, 2008, two new Service Codes for the DSS-4263, Day Sheet have been established. These codes are 017 – Adoption Access (CI) and 018 – Adoption Access (CI) Case Management. (Refer to SIS Change Notice 03-07 for full instructions.) These codes are to be used by county staff to document activities and services to clients when acting as Confidential Intermediary in response to requests for access to Adoption records on behalf of an adult adoptee or their adult lineal descendant (if the adoptee is deceased).
017 – Adoption Access (CI)
This code should be used to report activities such as responding to inquiries, Intake, providing general services, program management and other non-client-specific activities related to acting as Confidential Intermediary. Also, this is the code that should be used if one county DSS is responding to a request for searching agency records for a CI agency. Use on the DSS-4263 (no Client ID required). It is valid with Program Code N.
018 – Adoption Access (CI) Case Management
This code should be used, upon opening a case, to document client-specific activities such as records research and review, travel, case management, providing information and support, and other activities associated with serving as Confidential Intermediary. Use on the DSS-5027, DSS-4263 (Client ID required) and the DSS-1571 Part IV (Client ID required) when reporting purchased services. It is valid with Program Code N.
Note: These Service Codes, when reported on the DSS-4263 Worker Daily Report of Services, must be changed to Program Code N – Non-DSS Reimbursable. Instructions for the DSS-1571 Part I and IV will be provided by the Controller’s Office.
Other Changes
DSS-5027 Field 18: “State Use” code “1” - “Indigent Recipient” has been added to Appendix A. This code is to be used when it has been determined that the individual for whom the agency is providing Adoption Access Case Management services is unable to pay.
An individual seeking CI services may initially contact an agency by telephone, mail or in person. The agency should be prepared to answer initial questions regarding eligibility and the process. Information such as cost, time frames involved and possible outcomes can be generally discussed with the prospective individual seeking CI services. The agency contacted may decide not to serve as a confidential intermediary. In that case, the agency should refer the individual to a list of licensed adoption agencies and county departments of social services that have designated themselves as CI agencies. This list is maintained on the Division website at: http://www.ncdhhs.gov/dss/adoption/index.html
Even if a county department of social services or licensed adoption agency decides not to provide Confidential Intermediary Services, they may still be contacted by another agency providing those services seeking information from the agency record. All of these agencies should be prepared to respond to these requests, even if it is to refer the requesting agency to the Division of Social Services, Adoption Review Team.
Once an individual determines that he/she is ready to pursue CI services from a CI agency, the individual will be given and asked to complete an Application for Confidential Intermediary Services (DSS 5031-ia), which must be notarized.
A Confidential Intermediary Agreement will also be completed by both the individual and the agency (DSS-5030-ia). This Agreement will outline the expected services and will state plainly the fees for the services. The agency will provide the individual with a signed copy of all forms. Agencies Services will include the following:
Before a CI search for any adult sibling or half sibling of an adult adoptee, an adult family member of a deceased adoptee or an adult family member of a deceased biological parent may be initiated by an agency the written consent of any living biological parent must first be obtained.
In the event that confidential intermediary services are provided to the adoptive parent of a minor adoptee in accordance with G.S. § 48-9-104 (b), the agency’s role shall be limited to a search for the adoptee’s birth parents to obtain current non-identifying health and background information. The CI agency must not share identifying information and need not ascertain the person’s willingness to have contact with the minor adoptee. If the birth parent indicates a willingness to have contact with or be identified to the adult adoptee in the future, this intent can be documented in the CI file in case future CI services are requested by the adult adoptee.
In addition to the CI Services Application and Agreement, the Release of Liability and Agreement to Hold Harmless form (DSS-5033-ia) must also be signed by the applicant for CI Services and notarized.
It is suggested that any search pursuant to this agreement will be conducted for a period of 90 days, after which a written report will be sent to the individual with the results of the search thus far. At that point the CI agency and the individual will need to determine whether they each wish to continue or amend the search process and renegotiate fees, or terminate the search services.
In the event the individual sought has been located and agrees to contact with the applicant, county departments of social services and licensed adoption agencies should respond within 30 days to any request to facilitate that contact.
Systems restricted by federal or state confidentiality laws and guidelines cannot be used for these searches. Any public record can be used, such as DMV or tax records. Internet search engines and public or private sites can be used at the agency’s discretion. There is, however, a cost for the use of some of these sites. Clarification has been obtained that CI agencies may not access Child Support Enforcement for access to their information in conducting searches, as this access is not legally permissible.
County departments of social services and licensed child-placing agencies that choose to act as CI agencies should designate an individual or a unit to handle the CI requests and services. This process could be emotionally difficult for some people, and the staff designated to provide the CI services need to be adequately trained to manage these cases with sensitivity and social work skill. When an agency agrees to provide CI services, time should be spent with the person seeking those services discussing possible outcomes and helping them manage their expectations. The agency should also continue to assess the person’s needs as the process continues.
There are several possible outcomes in the provision of CI services to the individual requesting the services:
1. Updated non-identifying information
2. Unsuccessful attempts to locate or contact anyone
3. Persons are located but may be unwilling to consent to releasing information or to contact with the person seeking the CI services
4. Persons are located and agree to meet with the person seeking the CI services
5. Information indicates that the person being located is deceased
Regardless of the outcome, the agency should continue to be supportive of the person and assess their needs throughout the process. If services needed to support the individual are not available within the CI agency, appropriate referrals to community services should be offered.
Also, the CI staff who makes contact with the individual being sought should be prepared to address a variety of potential circumstances, such as:
1. The individual being sought for identifying information may welcome the contact and be open to the request for information or to a potential meeting.
2. A birth parent being sought may now have a family with whom they have never disclosed the fact that they had a previous child that was adopted. Some of the birth parents may have released their child for adoption voluntarily, or they may have had their rights terminated. In either case, the CI staff making the contact should be prepared for potential reactions.
3. An adult adoptee being sought may not know that they were adopted. This disclosure may be traumatic for many reasons. Care should be taken in approaching any adult adoptee for the first time. CI agencies are encouraged to develop a method for initial contact with adult adoptees. For example, it may be advisable to begin with a request for the person to contact the CI staff in person regarding a family matter.
4. A birth parent being contacted by a lineal descendent of a deceased adoptee may face issues of grief and loss in learning that their child is deceased.
5. A person contacted may, in fact, not be the actual person being sought.
Regardless of the circumstance, the agency should be supportive of these persons being contacted also and assess their needs throughout the process. If services needed to support the individual are not available within the CI agency, appropriate referrals to community services should be offered.
Throughout the process of a CI search the agency is responsible for ensuring that confidential information remains protected and agencies must contact individuals in a manner reasonably calculated to prevent incidental disclosure of confidential information.
The CI agency may act in the role of facilitator when a meeting between parties is requested. The agency representative should prepare all parties involved carefully before the meeting. In addition to arranging the meeting, the agency representative should provide introductions and help guide the discussion during the visit.
The agency should provide good social work practice that includes assessment and support long enough to determine if there is a need for additional services. It may be necessary to spend additional time after the meeting helping individuals process the results the meeting and what it may have meant for them. If at any time a more significant need is identified, the agency representative should discuss available services through referral and help facilitate contact with the appropriate referral agency.
When acting as the confidential intermediary for an individual, CI agencies must be sensitive to the sharing of identities and the impact of those revelations to the individual. To that end, agencies should thoroughly process the information and discuss the intended and unintended consequences with the individual. CI agencies may offer limited social work counseling to the individual but should also refer the individual to professional counseling services if needed.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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