28.8 Current Foster/Kinship Family is Selected
The case manager/direct Children’s Service Worker will:
- Explain permanent plan to current foster/kinship family including services needed and required legal actions needed to achieve plan:
- Explain that if they are interested in adoption of the child in their care, an adoptive application and assessment will be needed.
- Explain consideration rights if they have had the child for less than nine months.
- Give preferential rights if they have had the child in their care nine months or longer.
- Explain importance of continuing to provide an environment that encourages and preserves the child's cultural identity.
- Advise foster/kinship parent that the court may allow them to present evidence for court consideration if they desire to adopt the foster child in their home who is the subject of a TPR hearing.
- If the family elects not to adopt the child, explain importance of their mandatory participation in the formal adoption staffing.
- Explain that if they wish to adopt the child, at CD’s option, a staffing committee will determine if adoption by them is the best plan that can be recommended to the court. If so, they will not be a member of the staffing committee.
- Explain child's right to obtain identifying information about the biological parents at the time the child reaches age 18.
NOTE: The adoptive parent(s) must consent to the release of identifying information regarding the biological parents if the adoption was instituted or completed prior to August 13, 1986.
- Explain foster/kinship parent rights to obtain non-identifying information about the biological parent or child after adoption.
- Explain child's right to obtain non-identifying information regarding the biological parents and child's siblings, at age 18 and after.
- Explain child's right at age 18 to register with the Missouri Adoption Information Registry to permit contact with biological parent.
NOTE: Contact will be made by registry staff if a match is made by the registry.
- Explain child's right at age 18 or over to make a written request to the court that granted the adoption for identifying information regarding an adult sibling.
NOTE: This information will be released by the court for health purposes only and with the consent of the adult sibling.
- Confirm family’s interest in adoption within seven (7) days of explaining the permanent plan:
- Explain importance of filing adoption petition within 90 days of approval for adoption.
- If not interested or inappropriate, follow procedure 28.9 of this Chapter to select another family to achieve the permanency plan of adoption for the child.
- If interested, refer family for adoptive application and family assessment to adoption specialist.
- Within seven (7) days of the decision that the child is available for adoption, assess and decide appropriateness for and interest of care provider in the adoption of the child:
- For siblings currently separated, adjustments and planning will have to be made for one of the current families to plan for adoption of all.
- Record factors that resulted in the decision that the foster/kinship family is appropriate as an adoptive parent within five (5) working days of decision.
- Obtain assurance that adoption petition has been filed by the family within 90 days of family’s approval for adoption:
NOTE: When the petition is filed by the foster/kinship family, the SS-61 must immediately be revised to indicate the child is in an adoptive placement.
- Plan for placement of child in an adoptive family if foster/kinship family is not approved for adoption.
- Consider adoptive placement plan for child if family has not filed the adoption petition.
NOTE: Although Foster/relative families have the right to indicate their preference to adopt a child in their care, they should not delay in taking action to demonstrate this preference. Assistance should be given in interpreting the child's need for permanency and the child's understanding of time.
- Provide a written, dated summary of child's past and current condition to family within seven (7) days of commitment to adoption (i.e., date CD is notified as to filing of the adoption petition). This must include a synopsis of any professional evaluations and treatment recommendations for the child. (i.e., medical, educational, dental, psychological, psychiatric, etc.)
NOTE: Guidelines for the written summary are located in Section 4, Chapter 27.3 Permanency Through Adoption – Child’s Summary for Adoption Placement
NOTE: The information shared must not include anything that would specifically identify natural parents or siblings (not placed together) but may be descriptive of natural parents or siblings. However, when knowledge of siblings (not placed together) is important to a child's adjustment in an adoptive placement, information should be included regarding the identity and whereabouts of the siblings. (This only applies prior to the adoption being finalized or the adoption record being closed.)
- Obtain adoptive parents’ signature on summary with date of signature at time it is provided.
- Sign summary at time adoptive parent(s) sign the written summary.
- Give original copy of summary to adoptive parent(s) and maintain a signed and dated copy in the adoptive parents’ case record.
- Interpret family's responsibility in assisting with the child's understanding of adoption.
NOTE: This includes sharing information about the child's right, at age 18, to obtain identifying or non-identifying information regarding biological parents.
- Prepare child and family for adoption, including discussion of the following issues:
- Understanding and acceptance of the past;
- Separation from birth family;
- Meaning of and desire for adoption;
- Placement with siblings, if planned; and
- Plans to continue to encourage and preserve the child's cultural identity.
- Assist caretaker with placement support services of social, medical, and legal actions necessary to consummate the adoption:
- Conduct an assessment of the child's physical, emotional and legal needs, if adoption subsidy is to be used.
- Plan for subsequent placement when disruption appears likely.
- Assess and process child and family's readiness to complete the adoption.
NOTE: Once the Division has committed to adoption by the family, removal of the child can occur only at the family's decision that they do not wish to adopt the child, or the child's emotional and/or physical safety is at risk (i.e., a child abuse and neglect investigation has found "preponderance of evidence" and the child is not safe in the home).
- Prepare child and family for court hearings.
- Prepare and submit necessary reports to the court for transfer of custody and/or final decree hearings.
- Interpret confidential nature of adoption to child and family:
- Develop plan for visits with siblings after adoption, if it is part of the adoption plan for the child.
- Develop plan for continued parental/kinship contact if the plan is in the best interest of the child.
- Attend court hearings, being prepared to testify if so ordered.
- Make one visit with family and child after final decree hearing for purpose of:
- Referral to community support groups, if needed;
- Reinforcing the lifetime commitment of adoption;
- Maintaining links to any needed rehabilitation services;
- Completing subsidized agreement, if indicated, and reminding family of yearly review and necessary maintenance activities;
- Planning for continued counseling, if needed; and
- Assuring that services will be extended if at any time in the future the family or child determine they are in need of services related to the adoption.
- Record all activities every 30 days.
- Close case with a recorded termination summary and copy of final decree:
- Keep case open if continued services are required, closing case at mutually agreed upon point.
- Copy information needed for the Adoption Subsidy case file, either adding it to the family’s existing subsidy file or begin a subsidy case file for the family.
- Maintain subsidy if this service is utilized and record subsidy transactions as needed.
NOTE: When providing services other than those relating to the maintenance of an adoption subsidy, the child's status in ACTS should be reported as a closing and reopened in the Protective Services Automated System as a safekeeping case. Those children receiving both post-adoption services and an adoption subsidy remain open cases in ACTS and must be opened or reopened in the Protective Services System.