28.9  Adoption With A New Family

Any child in CD custody who is available for adoption and is not being adopted by the current resource provider family is available for placement with any approved adoptive family in the state, region, or nation.  Selecting a placement resource shall be conducted via the staffing committee process described in this procedure.  Selecting a placement resource shall not be delayed for reasons of the child’s cultural identity.

When the former foster parent chooses not to pursue adoption, they shall make every effort to support and encourage the child’s placement in a permanent home, including but not limited to providing information on the history and care needs of the child and accommodating transitional visitation.

Whenever possible and practical siblings are placed for adoption together; separate placements may be considered after step 9 through 13 actions have not resulted in a potential resource for the entire group and six (6) months have passed since the children became available for adoption.  Exceptions to this policy must be requested through supervisory channels to the Regional Director prior to recommending any home to the juvenile court or embarking on placement planning.

Adoption planning for a child must include a physical, dental (beginning at age three (3) years), and psychological examination (beginning at age five (5) years) within six (6) months prior to the child’s placement.  Results of these activities shall be included in the required written summary provided to the adoptive parent(s) at the time of placement.

The Case Manager Will:

1. Inform child of permanent plan decision.  If age appropriate include:
   1. Information about their right, the legal guardian’s right, the child’s right at age 18, to request non-identifying information about biological parents or biological siblings from the Division;
   2. Information about the child’s right at age 18 to request identifying information from the court granting the adoption; and
   3. Information about child’s right at age 18 to register with the Adoption Information Registry.
2. Explore and counsel with the child about the following issues:
   1. Understanding and acceptance of what has occurred in the past;
   2. Separation from birth family and present caretaker;
   3. The meaning of and the child’s desire for adoption;
   4. The placement with siblings, if applicable; and
   5. Characteristics of possible adopting families including families who may be of dissimilar cultural identity from the child.
3. Refer child to the adoption specialist when adoption becomes the case plan.  Include the following information:
   1. Name, birth date, gender and cultural identity;
   2. Termination of parental rights (TPR) status;
   3. Status of permission for recruitment;
   4. Brief description about siblings and whether placement with them is required;
   5. Brief description of special needs;
   6. Possible resources already identified (i.e., foster family, relative family, kinship family, visiting family, etc.); and
   7. Name of worker, location and telephone number.

Adoption Specialist/Case Manager Will:

1. Provide a detailed, written, dated summary of child’s base and current condition to family within ten (10) days of referral to the adoption specialist.

   NOTE:  Guidelines for the written summary are located in Section 4, Chapter 27.3, Permanency Through Adoption – Child’s Summary for Adoption Placement.

   NOTE:  Staff may obtain an evaluation of attachment through HCY or other contracted services, if the child’s condition suggests an outside opinion is needed.  Staff may also ask the current counselor/therapist to provide this information if they agree they are qualified to do so.  Staff may also provide their own observations as well as request foster parents or another type of current caretaker to do so.

   NOTE:  This summary will be updated later in preparing the required written summary for a specific adoptive placement.

2. Continue developing “life book” with the child, integrating the following:
   1. Chronology of significant events;
   2. Accumulated memorabilia (pictures, awards, school records, etc.); and
   3. Birth and medical history.
3. Utilize resource provider family in preparing the child for placement via discussion and participation in the following areas:
   1. Feelings toward biological parents;
   2. Entitlement to a new family;
   3. Reasons why the child cannot stay with foster parents;
   4. Giving the child permission to leave the foster family; and
   5. Obtaining information about child’s behavior patterns, daily routine, and parenting needs.
4. Assist current resource provider family to release child as comfortably as possible if they are unable to assist in preparing the child.
5. Outline with resource provider family and child necessary pre-placement activities including the:
   1. Selection of an adoptive family;
   2. Plan for introduction and visiting with the prospective family; and
   3. Child’s right to participate in the decision to be placed with the family selected.

      NOTE:  Keep in mind the child does not carry the full burden of the decision.

6. Conduct a search for an appropriate family using the following resources:
   1. Local agency or community resources;
   2. ACTS Vendor Subsystem through ZVRS transaction; and

      NOTE:  This search includes approved adoptive families.

   3. Use e-mail to obtain seven (7) to eight (8) families with an approved adoptive assessment from other counties and regions in the state.  Keep in mind, the E-mail may be forwarded on to adoptive families by workers within the Division.  When making the request include the following information in the profile sent by the worker:
      • Purpose Statement (to be used at the beginning): “The purpose of the information provided below is to briefly introduce you to the child(ren) for whom our agency is recruiting an adoptive placement.”

      Do Include:

      • List separately at the top of the profile, the child’s first name, date of birth (mo/yr), race and gender, and grade in school if necessary;
      •  Within the narrative, be creative, energetic, use descriptive words (see list of descriptive adjectives located in Section 6, Chapter 1, Attachment E of this manual.)
      • Use an attention-getting phrase to begin the narrative and draw readers in.
      • Include likes, hobbies, interests, what they want (family, life, goals, pets, church)
      • Describe the child’s personality.
      • School – information about the child’s educational accomplishments or needs.
      • Special issues – contact with siblings, family or past placement providers
      • Positive quotes from the child caregiver (don’t refer to the “residential” caregiver)
      • Quotes from the child describing themselves (i.e. Favorite thing about themselves, etc.)
      • Serious medical diagnosis and treatment involved.
      • A description of the child’s need for a family with particular skills or family configuration (don’t limit to a two-parent family if that is not necessary).
      • Legal Status
      • Add the date updated/completed at the bottom of profile.
      • The profile needs to be at least three paragraphs, and 120-150 words.  NO more than 1 – 1 ½ pages in length.
      • If you have a photo, state it is available upon request.
      • Ending Statement (to be used at the end):  “For more detailed information about (child’s name) contact (worker name and phone).”

      Do Not Include:

      • Identifying information within the narrative(i.e., child’s last name,  school’s name, city where child resides, parent’s names, date and reason the child is in care, and history of abuse/neglect (any significant information may be included in the confidential narrative section).
      • Details about failed past placements (any significant information may be included in the confidential narrative section).
      • Anything that might be embarrassing to the child.  Ask yourself, “Would I feel comfortable showing this to the child, and would it make them uncomfortable?”
      • Date of births, age or grades in school as a part of the narrative. 
7. Answer all responses to search/e-mail recruitment activities, within five (5) working days, using the following instructions as applicable:
   1. Submit assessment(s) to requesting county, identifying the sending worker and location.  The information should note approval for submittal by the supervisor/Circuit Manager.
   2. Refer responses to the County Office or other state/private agency consistent with their residence, if responding family requires an adoption study.
   3. Regularly inform county of jurisdiction of results of recruitment activities.
8. Screen available resources received to three (3) to four (4) families using the same criteria listed for the staffing conference in step 12 below. 
   Those involved in the screening include:
   1. Direct Children’s Service Worker, if applicable;
   2. Adoption specialist;
   3. Children’s Service Supervisor I or Circuit Manager; and
   4. Case manager.
9. Provide the families that will be staffed, with a copy of the child’s summary (with identifying information blacked out – including current foster family and previous placements) at least one week prior to the scheduled staffing.
10. Convene the staffing committee with at least two (2) weeks advance notice of date, time and location.

    NOTE:  Local juvenile court protocol should be followed in processing the recommendations.

    All non-Division members of the committee must complete a CS-8, Statement of Confidentiality for Non-CD Members of the Permanency Planning Team, which has the appropriate temporary changes made.  Refer to 28.4 of this chapter.

    Membership of Staffing Committee - Mandatory:

    • Child’s worker and his/her supervisor; if applicable;
    • Case manager and his/her supervisor;
    • Adoption specialist and his/her supervisor;
    • Child’s foster parents (if foster family is not an adoptive applicant for the child) or other out-of-home care provider;
    • Other foster or adoptive parents of special needs children;
    • CASA/GAL;
    • Juvenile officer;
    • Child’s counselor, therapist, psychologist, etc.;
    • Community representative;
    • Any other person who has vital significance in the child’s life; and
    • Adoptive family workers, if geographically feasible.

    NOTE:  The staff representative from the other out-of-home care provider should be that person who has the greatest knowledge of and rapport with the child.

    NOTE:  Re:  Conflict of interest:  If a relationship between a member of the team and person being staffed exists, that member of the team shall be excused from the discussion and selection process.

    It is recognized that it may not be possible for the family workers to be present because of the distance involved.  However, their understanding of each prospective family under consideration is very important to the selection process.  Commitment to the final three (3) choices should not be made until those family workers have been consulted.  Contact should be made via telephone or e-mail to obtain commitment.  It may also be possible to obtain their participation through a conference call.

    Whatever method is used, the family workers should be provided with a brief summary of the committee’s discussion and decision by the adoption specialist or case manager.  Agreement should be obtained that the choices are satisfactory.

11. Conduct staffing conference to select first, second, and third choice families from the three (3) to four (4) selected by the screening committee using the following criteria:
    1. Ability to meet the needs of the child;
    2. Ability to accept the physical, emotional, and mental conditions of child;
    3. Age of child in relationship to age of potential adoptive family;

       NOTE:  Consideration of age may be discriminatory.  However, CD believes that the selected family should be of an age capable of rearing the child to adulthood.  If not, before the adoptive placement, plans must be made with the potential adoptive family for immediate and extended family members to take responsibility should the child be without a caretaker before reaching majority age.

    4. Acceptance of legal risk, if applicable;
    5. Acceptance of continued contact with siblings, and significant others when beneficial to the child;
    6. Acceptance of the background of the birth parents;
    7. Commitment to encourage and preserve the child’s cultural identity;
    8. Availability of and acceptance of use of community resources required by the child; and
    9. Acceptance of supervision during adoption process.

       NOTE:  The staffing committee may elect to interview all families selected.  If so, this information is to be shared at the time the families are notified of their consideration.

       NOTE:  If delays in the child’s placement for adoption occur and the six (6) months time allowed for the required medical, dental and psychological evaluations has expired, these evaluations should be repeated as indicated by the child’s need or condition, or at the request of selected and accepting prospective adoptive parents.

12. Within five (5) working days, record staffing decision identifying the criteria from step 13 and any other factors used in determining the first, second and third choice families most capable of meeting the range of the child’s needs.
13. Continue to conduct recruitment activities if the review of resources indicates no suitable families are available.  Recruitment includes:
    1. Registration with the state/national photo listing service;

       Related Subject:  Section 6, Chapter 1, Attachment D:  Use of the Photo Listing and Section 6, Chapter 1, Attachment E:  Media Profile

    2. Registration with the national exchange when indicated; and
    3. Child specific recruitment through the use of television features and other community resources.

       NOTE:  Family assessments obtained through this process should be included in the search and family’s worker should be notified of their status.  In some instances it may be necessary to wait for an adoptive assessment to be completed before selecting a family.  The family’s worker should also be kept informed of plans for the staffing.  In other instances, it is most appropriate and necessary to staff a child when only one family becomes available for an adoptive placement for the child or sibling group.

14. Notify all family workers of staff committee decision, if any were not present.
    • If a family’s worker was not included at the formal staffing, notification of the committee decision should be delayed until their opinion can be solicited and integrated into the decision.

      NOTE:  The family’s worker should notify the family of the decision reached by the staffing committee.

15. Record primary considerations and staffing conclusion in child and adoptive family records within five (5) days of staffing.
16. Within one day of decision, notify, via e-mail, the Regional Office where family resides.  Include the following information:
    1. Name of child and location; and
    2. Name of family selected and county of residence.
17. Within seven (7) days of selection of family, present complete information about child to family using an updated child’s summary.  Review this information in depth with the family.

    NOTE:  Guidelines for the written summary are located in Section 4 Chapter 27.3 Permanency Through Adoption – Child’s Summary for Adoption Placement

    NOTE:  Include the fact that the child’s right to identifying and non-identifying information at age 18 has been discussed with the child, if age appropriate.

18. Obtain commitment from family within seven (7) days of presentation, if they wish to pursue adoption of the child.
    1. Present the information about the child to the second and third family choices, if decision is negative.
    2. Continue search for new family if none of the above families accept the child.

       NOTE:  Repeat the staffing process as many times as necessary when a family resource becomes available for a specific child until that child is placed or the goal is no longer adoption.

19. Within five (5) days, develop specifics of pre-placement plan which accommodates the wishes of the child and family, including the following:
    1. First meeting;
    2. Additional visits;
    3. Other relationship building activities; and
    4. Filing of adoption petition if licensed as a foster/adoptive family.
20. Implement pre-placement plan, recognizing it may disrupt at any time depending on feelings of family and child.
    1. Continue search for a new family if pre-placement plan fails.
    2. Interpret to child reasons for the failed plan.

       NOTE:  In general, pre-placement plan execution should not take more than six (6) weeks.

21. Inform family of the availability of adoption subsidy, if needed, for the child’s care.

    NOTE:  HDN, Out-of-Home Care IV-E or Title XIX (FFP) may be used, depending on the eligibility of the child placed with the family licensed to provide foster/adoptive care (FA).

22. Decide on the appropriate financial assistance plan using out-of-home care funding sources or adoption subsidy according to procedures related to each of these funding sources.
23. Coordinate financial processing activities with new family, present caretaker, and the court action necessary.
24. Place child with the family after obtaining any required authorization from court.
    • Comply with ICPC and/or ICAMA requirements if applicable.
25. Update the SS-61 and SS-60 to reflect the correct type of adoptive placement and financial assistance.
26. Within seven (7) days of placement, provide an updated written and dated summary of the child’s past and current condition to the adoptive family.

    NOTE:  Guidelines for the written summary are located in Section 4 Chapter 27.3 Permanency Through Adoption – Child’s Summary For Adoption Placement

    • Provide written non-identifying information on birth parents' reasons for voluntary relinquishment, if applicable.

    The child’s summary that was written at the time of the referral to the Adoption Specialist should be used as a guide for material which must be summarized and included in the written summary. This summary should reflect all information that has previously been given to the family and shall include a synopsis of any professional evaluations of and treatment recommendations for the child (i.e., medical, educational, dental, psychological, and psychiatric, etc.).

    The information shared must not include any that would specifically identify the birth parents or siblings (not placed together), but may include a general description of the birth parents or siblings.  However, when knowledge of siblings (not placed together) is important to a child’s adjustment, information regarding the siblings’ identity and whereabouts should be included.  (This only applies prior to the adoption being finalized and the adoption record being closed.)

27. Obtain adoptive parents’ signature and date of signature on summary when it is provided.
28. Sign and date summary at the time summary is provided.
29. Give the original copy of the summary to adoptive parents and maintain a copy in the adoptive parents’ case record.
30. Review with the family and child, if age appropriate, any concerns and issues that have evolved during pre-placement activities.
31. Outline with the family and child the sequence of activities of placement support services.
    • Prepare the family and child for the transfer of custody hearing if this has not already occurred.

      NOTE: Removal of the child after placement can only occur at the family’s decision not to adopt the child, or because the child’s emotional and/or physical safety is at risk (i.e., a child abuse and neglect investigation has found "preponderance of evidence

32. Record all activities every 30 days.
33. Transfer record, which includes a transfer summary, within ten (10) working days of placement, as appropriate, to county that is to provide adoptive placement support services.
    1. Plan with other state for adoptive placement support services including regular reports of service progress.
    2. Do not transfer record if placement is in another state or if another in-state agency will be providing placement support services.  A summary of the child’s history and current condition and status should have been shared previously.