Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.20-004 - Adoption Policies and Procedures Updates

A. Marriage;

B. Entry into the Armed Forces;

C. Out-of-state or out-of-country travel; and

D. Media release that identifies the child as being in foster care (also requires consultation with DHS Office of Communications, DHS Privacy Officer, and the child's attorney ad litem).

For youth ages eighteen (18) to twenty-one (21), who elect to participate in Extended Foster Care Program, the Area Director's or designee's consent is not required for the decisions listed above. However, Division staff will hold a staffing with the youth and the youth's team to discuss the benefits and drawbacks associated with such decisions and to provide guidance to the youth as needed.

A. With or voluntarily delivers the child to a medical provider, law enforcement agency, fire department; or

B. In a newborn safety device as described in Arkansas Code § 9-34-202.

A medical provider, law enforcement agency, or fire department that takes possession of a child under the Safe Haven Act will perform any act necessary to protect the physical health and safety of the child.

A. Law enforcement agency investigating abuse or neglect of the child that was committed before the child was relinquished; or

B. Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was relinquished.

Upon delivery of the child (to a medical provider, law enforcement agency, or fire department), an appropriate employee (of the medical provider, law enforcement agency, or fire department) will take the child into protective custody for seventy-two (72) hours under the Child Maltreatment Act.

The person taking the child into protective custody will immediately notify DCFS. DCFS will contact the Office of Chief Counsel (OCC) to request a petition be filed with the court for an order of emergency custody.

A. Notify OCC immediately upon taking possession of such a child in order to initiate a dependency petition;

B. Utilize the Arkansas Attorney General's Missing Children Services Program and any other national and state resources to determine whether the child is a missing child;

C. Notify Adoption Supervisor immediately upon taking possession of the child in order to obtain immediate assistance in identifying appropriate pre-adoptive placement for the infant; and

D. Assign the case as secondary to the Adoption Specialist Supervisor's inbox so that the Adoption Specialist Supervisor may assign it to an Adoption Specialist within twenty-four (24) hours.

A. Assign an Adoption Specialist to the case within twenty-four (24) hours; and

B. Ensure that an appropriate adoptive home is sought to meet the needs of the infant.

A. Assist with locating appropriate placement for the relinquished infant.

A. A child under the age of six months is a resident of Arkansas if:

B. A child over the age of six months is a resident of Arkansas if that child:

C. A person seeking to adopt a child is a resident of Arkansas if that person:

A. Placements where the child has been placed in resource care for pre-adoption with parental rights terminated;

B. Resource homes in which the parents have made a formal request (CFS-489: Request for Consideration to Adopt) to adopt a child currently placed in their home for foster care; and

C. Any home in which a provisional resource parent with custody has submitted official notice of intent to adopt the child placed with them.

However, if the child's death is a result of abuse or neglect on the part of the pre-adoptive parent(s), the adoption decree will not be finalized through the Division.

SERVICES AND SUPPORTS TO PRE- AND POST-ADOPTIVE PLACEMENTS

The Division works to support resource families and children placed in resource homes in pre-adoptive placements and after the finalization of adoptions, to ensure that adoption, when that is the best permanency option, is timely, well-supported, and lifelong.

ADOPTION RECORDS

All records of any adoption, finalized in the state of Arkansas, shall be maintained for ninety-nine (99) years. The Juvenile Division of Circuit Court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the state of Arkansas, unless the Court allows for finalization in the receiving state.

A. Invite Adoption Specialist to permanency planning staffing;

B. Prior to the permanency planning staffing, complete CFS-426: Adoption Packet Checklist, ensuring that the child's out-of-home placement record is up to date and that all attachments which are required for an adoption packet (Appendix two (2)) are in the child's record. These will be copied and forwarded to the Adoption Specialist within three (3) business days after the permanency planning hearing;

C. Conduct permanency planning staffing and enter a contact, detailing the outcome of the staffing in the Division's information management system;

D. Notify the Adoption Specialist within fourteen (14) days prior to TPR staffing and hearing;

E. Notify the Adoption Specialist, in writing within two (2) working days of the court hearing, that termination of parental rights with power to consent to adoption has been granted (if the Adoption Specialist was not at the hearing);

F. Determine if the resource parent, provisional resource parent, or a relative is interested in adopting the child if parental rights have been terminated.;

G. Complete a written account of all relatives for the child, via CFS-305: Relative and Fictive Kin Efforts, including but not limited to, the name, address, phone number, and reasons for denial of placement in the relative or fictive kin home. This written account should also address the location of the child's siblings and current visitation arrangements. Provide this written account, of all relatives and fictive kin for the child, to the adoption staff during the permanency planning staffing (as part of the adoption packet). Document this written account of relatives in the following locations in the Division's information management system:

H. Schedule and conduct a Consideration to Adopt staffing within ten (10) working days from the court hearing that terminates parental rights, being sure to include:

I. Utilize CFS-489: Resource Parent Consideration to Adopt to record the desire of the resource parents; and

J. Enter a contact in the Division's information management system detailing the outcome of the consideration to adopt staffing.

A. Participate in the permanency planning staffing;

B. Complete a CFS-471: Disclosure for Adoption for each child in need of adoptive placement;

C. Complete an Adoption Data Match for each child; and

D. Participate in the consideration to adopt staffing.

A. If the recommendation from the staffing supports the resource parent, provisional resource parent, or relative adoption, the Adoption Specialist will:

B. If the recommendation from the staffing does not support the resource parent, provisional resource parent, or relative adoption, the Adoption Specialist will:

C. If those attending the staffing disagree about support of the resource parent, provisional resource parent, or relative adoption, the Adoption Specialist will:

D. After consultation with Adoption Supervisor, make a decision to approve or deny the resource parent, provisional resource parent, relative or fictive kin's application to adopt within ten (10) working days of receiving the completed home study, and send a written notification to the resource parent, provisional resource parent, or relative, utilizing CFS-447: Consideration to Adopt Staffing Decision.

E. Explain in the written notification the reason(s) for denial and the internal review procedures.

A. Notify the Adoption Specialist within fourteen (14) days prior to the Termination of Parental Rights (TPR) staffing and hearing;

B. Send additional attachments to the Adoption Specialist once the initial adoption packet is completed, in order to maintain current information until a child is placed with an adoptive family;

C. Document the efforts to secure needed attachments and the reason for an attachment not being available, in the child's out-of-home placement record and in the Division's information management system;

D. Provide information requested by the Adoption Specialist in the preparation of the child's "CFS-418: Adoption Summary" and in the selection of an adoptive family; and

E. Place siblings together in the same resource home. (But see policy section above for exceptions.)

The Child's Adoption Specialist will:

A. Prior to the TPR hearing, determine if there is a resource home with an open adoptive service, to consider for a child who may have a permanency goal of adoption (enter characteristics of child into the computer matching system to obtain listing of approved adoptive applicants). If there is not an adequate resource of approved resource homes with an open adoptive service, the Adoption Specialist will initiate generalized recruitment for an adoptive family who may be interested in adopting a child with similar characteristics.

B. Respond to notification of inquiries timely:

C. Assist the Family Service Worker in preparing the child for adoption;

D. Ensure compliance with Indian Child Welfare Act, if applicable, by notifying and working with the OCC attorney;

E. Prepare the child's adoption disclosure packet (CFS-418: Adoption Summary and attachments - see Appendix 2: Adoption Summary Guidelines) within forty-five (45) days from receipt of the completed adoption packet.

F. Enter characteristics of the child into the Division's information management matching system, Adoption Data Matching, prior to the termination of parental rights hearing to obtain a listing of approved and registered adoptive applicants;

G. Decide within fourteen (14) working days from receiving the listing and home studies if recruitment of an adoptive family is needed;

H. Complete and maintain a "CFS-433: Individualized Recruitment Plan" if an appropriate adoptive family is not available;

I. Refer eligible children for placement on the Arkansas Heart Gallery:

J. Monitor and document the recruitment activities on the "CFS-433: Individualized Recruitment Plan;"

K. Enter characteristics of the child into the computer matching system on a consistent basis if the initial listing did not result in the selection of an appropriate adoptive family;

L. Update the child's CFS-418: Adoption Summary, annually until an appropriate adoptive family is selected, and ensure that attachments are updated. Send a copy of the updated adoption summary and special evaluations to the Adoptions Manager or designee if the child has a photo-listing, website, or adoption exchange registration;

M. Conduct Identification staffing by providing home studies for adoptive homes, chosen by Child's Adoption Specialist as potential matches for the child, to CASA and Ad Litem, as appropriate. This should include a narrowed pool of one to three home studies. All input and recommendations from the child's support team should be considered in making a final selection of home study;

N. Select the most appropriate approved adoptive applicant for the child, consistent with the child's needs. Ensure the applicant's ability to meet the special needs of the child, Minimum Licensing Standards for Child Welfare Agencies (Placement), and DCFS policy for resource homes (see DCFS Policy VII: Development of Resource Homes & Support to Resource Parents);

O. Upon approval of the identified family forward packets and "CFS-471: Disclosure for Adoption" to the family's Adoption Specialist, if different from the child's Adoption Specialist. The disclosure packet should include significant information about the child including the need for special resources or services, provide a schedule for pre-placement activities, and convey any other significant information that relates to the placement of the child;

P. Prepare and present to the Family's Adoption Specialist, resource parent, provisional resource parent, relative, or fictive kin, one non-identifying copy of the child's disclosure packet and a complete "CFS-471: Disclosure for Adoption" during the assessment and preparation process;

Q. Schedule and conduct a selection staffing with the Family Service Worker, the family's Adoption Specialist, and other appropriate DCFS staff and professionals (including the child's attorney ad-litem, CASA appointed to the child, and PLPA or TFC staff, as applicable).

R. Determine immediately if another approved adoptive applicant can be selected if the Adoption Supervisor, the adoptive family, or child does not agree with a selection. Document if another approved adoptive family cannot be selected and continue recruitment activities;

S. Provide written or verbal notification to the Family's Resource Worker for each approved adoptive applicant who has been considered, and document in the Division's information management system. The Child's Adoption Specialist will notify the approved applicant in writing if he or she had asked to be considered for a child who is registered in the DCFS photo-listing and website but was not selected;

T. Initiate and follow ICPC procedures if an out-of-state approved adoptive applicant is selected; and

U. Discuss any delays in completing the assessment and preparation process with the Adoption Supervisor and document reasons for the delay.

A. Ensure eligible children are referred to the Arkansas Heart Gallery;

B. Assess the child's disclosure packet, the home study of the approved adoptive applicant, and the "CFS-470: Selection of Adoptive Family" from the Adoption Specialist and then determine the appropriateness of the selection within ten (10) working days;

C. Document the determination to approve or deny the selection on the "CFS-470: Selection of Adoptive Family" from the Adoption Specialist, then explain in writing the reason(s) for a denial; and

D. Return all information to the Adoption Specialist.

A. Coordinate and maintain the computer matching system, to assist in the selection of an adoptive family;

B. Maintain the file for home studies of approved adoptive applicants (regardless of the state they reside in); and

C. Provide technical assistance on recruitment and selection of adoptive families.

A. Continue to prepare the child for adoption;

B. Prepare and support the resource family, or out-of-home placement provider, for separation and enlist their help with the child;

C. Prepare child's school personnel, therapist, and other professionals for the proposed adoption;

D. Participate in pre-placement and placement activities and remain involved until the process is completed;

E. Assess the feelings and reactions of the child and the resource parents or out-of-home placement provider, then share these with the child's Adoption Specialist;

F. Ensure that the child's clothing and personal belongings are appropriately prepared and packed for the move to the adoptive family's home; and

G. Transfer the child's out-of-home placement record (including in the Division's information management system) to the Child's Adoption Specialist within five (5) working days of the placement date (after pre-placement visits have been completed). The Child's Adoption Specialist will assume primary case management responsibility at the time of placement.

H. In the Division's information management system:

A. Review and discuss the disclosure packet with the Family's Adoption Specialist, resource parent, provisional resource parent, relative, or fictive kin;

B. Secure signatures on the "CFS-471: Disclosure for Adoption;"

C. Prepare the child to meet the selected adoptive family, with the assistance of the Family's Adoption Specialist, after the adoptive parents have signed the "CFS-471: Disclosure for Adoption;"

D. Coordinate with the family's Adoption Specialist times, dates, places, and activities for the pre-placement visitation schedule; and

E. In the Enter or Exit Screen, exit foster child from current resource home placement, selecting Pre-Adoptive Placement, and enter the child in the Pre-Adoptive Service of the adoptive family's home.

A. Continue to assist the Family Service Worker in preparing the child for adoption;

B. Prepare the child to meet the selected adoptive family (including the presentation of the family's photograph album) after the adoptive parents have signed the disclosure form;

C. Arrange and conduct pre-placement visits between the child and the selected adoptive family according to the following guidelines:

D. Supervise visits of the child with the selected adoptive family, as appropriate;

E. Review information about the child with the selected adoptive family and answer questions.

F. Provide the pre-adoptive family with CFS-468: Notification of Adoptive Placement;

G. Provide support to the selected adoptive family;

H. Assess the development of the relationship between the selected adoptive family and the child;

I. Arrange any needed appointments with the Family's Adoption Specialist, for the selected adoptive family to meet with special providers (i.e., mental health counselors, doctors, school personnel, etc.);

J. Ensure the pre-adoptive family obtains a PCP for the child, within thirty (30) working days prior to adoptive placement, and ensure the family understands the need for completion of the "CFS-352: Episodic Form" for each medical appointment occurring prior to finalization of the adoption;

K. Document dates of pre-placement visits, contacts, activities, progress, concerns, etc. and send a copy to the Adoption Supervisor, Family Service Worker, and OCC Attorney for the child's initiating county;

L. Enter current resource parent or relative as an adoptive resource completing the Resource Screens;

M. Forward a "CFS-300-A: Attorney-Ad-Litem, Court Appointed Special Advocate and Child Notification of Changes in Out-of-Home Placement" to the Adoption Supervisor and all other parties, within five (5) working days of pre-adoptive placement;

N. Assume primary case management once pre-adoptive placement occurs;

O. Request a resident county adoption specialist to be assigned by completing the Assign or Transfer screen in the Division's information management system, as appropriate; and

P. If child is to exit current resource care placement to enter relative's adoptive home, exit child from current resource parent placement and enter child into the relative's adoptive home in the Placement screens in the child's protective service case.

A. Discuss and coordinate with the selected adoptive parent, resources which a child may need (adoption subsidy, counseling, medical, educational services, etc.). In addition, when discussing an adoption subsidy, the Family's Adoption Specialist will be clear that they will only be screening for a determination of special needs, subsidy eligibility, and making a recommendation to the Adoption Unit. The Adoption Specialist will notify the family of approval or denial of an adoption subsidy (See Procedure VIII-I1: Initial Application for Adoption Subsidy). The Family's Adoption Specialist must also explore other resources and assistance that may be available for the child and adoptive family when screening for a subsidy; and

B. Retrieve and properly dispose of "CFS-471: Adoption Disclosure" provided to any pre-adoptive resource family choosing not to move forward with pre-adoptive placement.

A. Assign the Child's Adoption Specialist as the Primary Worker in the Assign/Transfer screen. The child remains in the current resource placement until finalization;

B. Enter current resource parent or relative, as an adoptive resource, by completing the Resource Screens;

C. Monitor and ensure an appropriate pre-placement visitation schedule is developed and maintained while ensuring that the plan is modified according to the adjustment of the child and adoptive family throughout the pre-placement process.

A. Help prepare the child for adoption;

B. Participate in the pre-placement and placement activities, as requested by Adoption Specialist;

C. Provide the selected adoptive family with information about the child, as requested by Adoption Specialist;

D. Assess and report the child's feelings, actions and reactions to the Family Service Worker or the Adoption Specialist; and

E. Encourage and support the child to accept the adoptive family.

A. Evaluate if legal risk placement is appropriate for the child based on the following considerations:

B. Conduct a conference with the Adoption Specialist and County Supervisor requesting location of a legal risk placement; and

C. Provide all information listed above to the Adoption Specialist during the conference.

A. Email a request for approval of legal risk placement, to the Area Director or designee, to include:

B. Expedite concurrent planning efforts, by preparing CFS-471: Disclosure for Adoption, as soon as discussions of legal risk placement occur; and

C. Upon receipt of approval for legal risk placement from Area Director or designee:

A. Review the request for legal risk placement;

B. Submit the request for legal risk placement to the Assistant Director of Community Services or designee; and

C. Email an approval or denial of request to the Adoption Specialist within five (5) business days.

A. Review the request for legal risk placement; and

B. Consult with the Adoption Manager or designee as necessary and email an approval or denial of request to the Area Director or designee within three (3) business days.

A. Arrange a staffing to determine if adoptive placement is appropriate to consider;

B. Submit the results and recommendations from the staffing to the Area Director or designee, Adoptions Specialist, and Adoptions Supervisor;

C. Direct staff to follow procedures outlined above;

D. Work with the OCC Attorney in regard to pending litigation if it appears that the resource parent, provisional resource parent, relative, or fictive kin would not be suitable adoptive parents for the child; and

E. Notify the Adoption Supervisor if information regarding other prospective adoptive families for the child is needed.

A. Provide casework, counseling, support, and referral to needed resources and services until the adoption is finalized;

B. Inform the family about post-adoption services, via "PUB 31: Post Adoptive Services," and document such in Document Tracking in the Division's information management system;

C. Visit weekly during the first month of placement, bi-weekly during the second month of placement (monthly thereafter) and make contact as needed with the family until the adoption is finalized;

D. Have a private conversation with age-appropriate children during each visit;

E. Submit a narrative, documenting the place and dates of post-placement contacts, conversations about post adoptive services, activities, progress, concerns, etc. Narrative entries regarding visits and services will be approved in the Division's information management system by the Adoption Supervisor;

F. During the fourth month of adoptive placement, complete the Adoption Subsidy Request Packet and submit to Adoption Supervisor by following all procedures as outlined in Procedure VIII-I1; and

G. Forward approved subsidy request to Subsidy Coordinator.

A. Notify pre-adoptive family of the date for a judicial review;

B. Recommend initiation of procedures to finalize the adoption, upon receipt of approval of the adoption by the Adoption Supervisor and approval of adoption subsidy, if applicable, and if the child has resided with the resource parent, provisional resource parent or relative for at least six months. However, residence in the home is not required for a minor to be adopted (if in DHS custody) and the minor must reside outside the home to receive medically necessary health care;

C. Inform the family about post-adoption services, via "PUB 31: Post Adoptive Services," and document such in Document Tracking in the Division's information management system; and

D. Complete all Court Hearing screens, for all judicial reviews, in the Division's information management system.

Finally, the Adoptions Supervisor will review all requests for adoption subsidy and forward a written determination for each request to the Family's Adoption Specialist within 3 business days of receipt of request.

A. Provide appropriate services to preserve the family and prevent disruption, if applicable; and

B. Prepare the adoptive family for the disruption and provide casework counseling and referrals for needed services.

A. Schedule and conduct a staffing to include those listed above and the resource parents, provisional resource parent(s) or relative, any age appropriate child, and any other significant individuals;

B. Immediately notify the Adoption Supervisor, Adoptions Manager, County Supervisor, Family Service Worker, Adoption Manager, OCC Attorney, and attorney ad litem;

C. In the Division's information management system:

D. Prepare the child for the disruption and provide casework, counseling, and referrals for needed services.

A. Transfer the case back to the last Primary Assigned Family Service Worker in the Assign/Transfer Screen; and

B. Return case management responsibility to the Family Service Worker (of the initiating county) and transfer primary worker designation (in the Division's information management system) back to the Family Service Worker if it is not the plan to immediately select another adoptive family, and disruption occurs. Return the child's paper record back to the Family Service Worker within five (5) working days of the disruption.

A. The adoption decree may be finalized through the court, upon parent's request. The parents have thirty (30) days to make such request;

B. The child's last name may be legally changed to that of the adoptive family and may be inscribed on a headstone or other memorial marker;

C. The child may be buried in a location specified by the family; and

D. The Division will pay for reasonable, ordinary, and necessary funeral expenses.

Adoption staff will include the following documents in the adoption packet:

A. "CFS-432: Checklist for Recommendation for Finalization;"

B. Initial home study of the adoptive family and all updates;

C. "CFS-418: Adoption Summary" of the child and all updates;

D. "CFS-471: Signed Disclosure for Adoption;"

E. Report of Adoption (accessible at: http://www.healthy.arkansas.gov/images/uploads/pdf/resource);

F. Court order terminating parental rights;

G. Certified birth certificate of child;

H. FBI, state criminal record checks, and child maltreatment checks as applicable;

I. "CFS-428: Adoption Assistance," if applicable;

J. Adoption Information Sheet; and

K. Death Certificate or medical notes recording the death.

The Adoption Supervisor may approve the adoption consent. Any denial of a postmortem adoption decree must be reviewed by the Division Director or designee.

A. Forward the following to the Adoption Supervisor when submitting the recommendation to finalize the adoption:

B. In the Division's information management system, complete the Adoption Characteristics and Medical section of the Child's Characteristic's Screen;

C. Inform the family of post-adoption services utilizing "Pub 31: Post Adoptive Services;"

D. Document in the Division's information management system narrative the plan of action to resolve barriers to finalizing the adoption (if the Adoption Supervisor does not agree with the recommendation). Inform the family of the recommendation;

E. Monitor and document the implementation of the plan of action and progress toward achieving the plan;

F. Assist OCC Attorney in completing the Report of Adoption;

G. Provide detailed instructions for obtaining a new birth certificate to the adoptive family upon adoption finalization;

H. Forward within five (5) working days of Supervisor approval a packet of information to the OCC Attorney or Private Agency Attorney which includes:

I. Obtain a certified copy of the final decree of adoption and supplemental adoption order and place them in the child's case file;

J. In the Division's information management system:

K. Scan and email the following to Eligibility Unit Analyst and Subsidy Coordinator:

L. By interoffice mail, deliver to the Subsidy Coordinator the Decree of Adoption, Petition for Adoption and original signed Adoption Subsidy.

A. Assess the legal packet, information, and recommendation which has been forwarded by the Adoption Specialist, within five (5) working days;

B. Prepare and sign a consent for adoption if it is agreed that procedures to finalize the adoption should be initiated;

C. Notify the Adoption Specialist in writing to explain if there is disagreement to initiating the procedures to finalize the adoption;

D. Formulate with the Adoption Specialist a plan of action to resolve the barriers to finalizing the adoption; and

E. Assign the finalized adoption case as primary to the Adoption Manager.

A. Adoption subsidy;

B. Casework management;

C. Education and training;

D. Family Support Services;

E. Information about, and referral to, service providers;

F. Mutual Consent Voluntary Adoption Registry;

G. Resource library;

H. Respite care; and

I. Support groups.

A. Open a supportive services case for the family;

B. Make referrals and arrange services upon request from the adoptive family;

C. Assist the adoptive family in completing forms and in following procedures;

D. Document contacts, activities, progress, concerns, etc. in Provider Screens;

E. Request and participate in an Interdivisional Staffing, as appropriate; and

F. For cases remaining open more than thirty (30) days, transfer the supportive services case to a protective services unit for assignment to FSW for further provision of services.

A. Assign the case to a Protective Services case unit inbox; and

B. Consult with Protective Services Unit Supervisor to provide information regarding the needs of the family.

A. Assign the case to an FSW for service provision;

B. Transfer information from Adoption Supervisor to FSW; and

C. Ensure appropriate services are provided for family preservation.

A. Provide foster care and reunification services as appropriate.

POLICY VIII-H: Legal Custodian Petition to Adopt a Child Previously in Foster Care

01/2021

When a child in foster care achieves permanency through a guardianship or an order of permanent custody, the child's guardian or custodian may wish to adopt the child in the future. The guardian or custodian may request that the Division of children and Family Services (DCFS or the Division) provide services to assist the guardian or custodian with the adoption.

The Division will forward a request for adoption services to the Division's contracted provider for legal services. The legal services contract provider will review the request and determine if adoption is likely to be granted under the circumstances. If there is likelihood of success in finalizing an adoption for the guardian or custodian, the Division will request that the legal services contract provider proceed with initiating the adoption proceedings on the guardian or custodian's behalf.

In such circumstances, the Division will encourage individuals to become a fully approved resource home. If a child was IV-E eligible prior to the guardianship or custody order being granted, then the child is eligible for an adoption subsidy. If a child was non-IV-E eligible prior to the guardianship or custody order being granted, then the child is not eligible for adoption subsidy.

The legal services contract provider will enter into a representation agreement with the guardian or custodian and the Division will agree to pay for the associated fees pursuant to the Division's contract with the provider for legal services.

A. Verify that termination of parental rights has occurred;

B. Request secondary assignment to Resource Worker;

C. Complete CFS-426: Adoption Packet Checklist for child and provide to Adoption Supervisor within fourteen (14) business days; and

D. Upon provision of completed CFS-426: Adoption Packet Checklist request primary assignment be made to Adoption Specialist.

A. For custodians who elect to become an open resource home:

B. For custodians who do not elect to become an open resource home:

A. Follow Procedures VIII-G9: Finalization of an Adoption and VIII-G10: Post-Adoption Services with the exception that, rather than working with OCC for the associated the legal proceedings, the Adoption Specialist will make a request to the Adoptions Manager to make a referral to the Division's contracted provider for legal services.

A. Review CFS-426: Adoption Packet Checklist to ensure completeness; and

B. Upon verification of CFS-426: Adoption Packet Checklist, complete primary case assignment to Adoption Specialist.

A. Collaborate with the Program Administrator or designee who oversees the Division's contracted provider for legal services.

POLICY VIII-I: ADOPTION SUBSIDY

01/2021

The Division of Children and Family Services (DCFS or the Division) provides an adoption subsidy as a service to assist in making adoption possible for a child, who, with special needs, might not otherwise be adopted and for whom a family is not readily available. A subsidy is allocated for the purpose of meeting the needs of the child. In addition, payments for one-time expenses, known as a non-recurring adoption subsidy, may be obtained in order to reimburse the family for out-of-pocket pre-adoptive or finalization expenditures.

A child must be legally free for adoption with parental rights terminated for an adoption subsidy to be put in place. No payment may be made to parents with respect to any applicable child that is not a citizen or resident of the United States, was adopted outside of the United States, or was brought into the United States for the purpose of being adopted. A child that is not a citizen or resident of the US, was adopted outside the US, or brought into the US for the purpose of being adopted, may become eligible for adoption assistance payments if the initial adoption of the child by the parents is a failure and the child is subsequently placed into foster care.

A child in foster care placed in an adoptive home continues status as a child in foster care until finalization of the adoption and the adoption subsidy is initiated.

Any individual who is adopting or who is considering adopting a child who is in foster care will be notified of their potential eligibility for a Federal Adoption Tax Credit.

The adoptive parents are required to inform the Division of circumstances that would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount.

Adoption subsidies can be funded through federal title IV-E adoption assistance or state funds depending on the child's eligibility.

FEDERAL TITLE IV-E SUBSIDY

To be eligible for federal Title IV-E adoption assistance, the child must meet the special needs determination and IV-E eligibility rules.

A. The state has determined the child cannot or should not be returned to the home of his parents.

B. The state has determined that a specific factor or condition, or combination of factors and conditions, make the child more difficult to place for adoption without providing title IV-E adoption assistance or title XIX medical assistance. In Arkansas these factors are:

C. The state must determine that in each case a reasonable, but unsuccessful, effort to place the child with appropriate parents without providing adoption assistance has been made such as the use of adoption exchanges, referral to appropriate specialized adoption agencies.

A. The child is AFDC-eligible.

Adoption assistance eligibility that is based on a child's AFDC eligibility is predicated on a child meeting the criteria both at the time of removal and in the month the adoption petition is initiated. At the time adoption proceedings were initiated, the child must have been removed from the home of a specified relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child. For the purpose of adoption assistance, a child must meet the AFDC criteria in the specified relative's home from which he or she is removed. In addition, the special needs determination must be made prior to finalization of the adoption.

B. The child is eligible for Supplemental Security Income (SSI) benefits.

A child is eligible for adoption assistance if, at the time the adoption petition is filed, the child meets the requirements for title XVI SSI benefits, and prior to the finalization of the adoption is determined by the state to be a child with special needs. There are no additional criteria that a child must meet to be eligible for title IV-E adoption assistance when eligibility is based on a child with special needs meeting SSI requirements. Specifically, how a child is removed from his home or whether the state has responsibility for the child's placement and care is irrelevant in this situation. The child's eligibility for SSI benefits must be established no later than at the time the adoption petition is filed.

C. The child is eligible as a child of a minor parent.

A child is eligible for title IV-E adoption assistance in this circumstance if:

D. Age at Adoption.

Beginning January 1, 2018 through June 30, 2024, all children age two (2) or older by the end of that fiscal year are eligible based on age. Starting July 1, 2024 all children will be eligible based on age. Younger children adopted with their age-eligible siblings are also IV-E eligible.

E. Length of Time in Foster Care

As of October 1, 2009, children with special needs who have been in care for at least sixty (60) consecutive months became eligible for IV-E adoption assistance. Siblings of these children will also be eligible (regardless of their length of time in care) if they are adopted with the eligible sibling.

F. The child is eligible due to prior title IV-E adoption assistance eligibility.

In the situation where a child is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die, a child may continue to be eligible for title IV-E adoption assistance in a subsequent adoption. The only determination that must be made by the state prior to the finalization of the subsequent adoption is whether the child is a child with special needs. Need and eligibility factors must not be re-determined when such a child is subsequently adopted because the child is to be treated as though his circumstances are the same as those prior to his previous adoption. Since title IV-E adoption assistance eligibility need not be reestablished in such subsequent adoptions, the manner of a child's removal from the adoptive home, including whether the child is voluntarily relinquished to an individual or private agency, is irrelevant.

A. The child has attained the age of eighteen (18);

B. The parents are no longer legally responsible for the support of the child; or

C. The child is no longer receiving support from the adoptive parents.

A. Will take into account the circumstances of the adopting parents and the needs of the child being adopted;

B. May be adjusted periodically with the concurrence of the adoptive parents to reflect changing circumstances; and

C. May not exceed the child's foster care maintenance payment that is in effect at the time a subsidy is approved (if the child with respect to whom the adoption assistance payment is made had been in a resource home).

The standard foster care maintenance board rate scale is found below. These rates are effective for board payments made November 2009 and after. New rates will not be paid until the child reaches the next age range.

A request for a larger monthly adoption maintenance subsidy may be made for a child who has received a higher than standard monthly foster care board payment. A monthly subsidy payment cannot exceed the child's foster care board rate which is in effect at the time a subsidy is approved.

Special Board Rate formulas and procedures will be used strictly as guides in determining an appropriate nonstandard rate to discuss with the family and to use in negotiating a lower subsidy rate (when appropriate). No subsidy will exceed $460.00 above the standard board rate for the child's age group. However, if the child is SSI eligible, the rate can go up $460.00 above the SSI rate.

Special subsidies are state funded, and the Adoption Subsidy Coordinator, Adoption Services Unit, will consider the child's eligibility on a case-by-case basis. The consideration will be based on the information developed during the Adoption Specialist's determination of the child's special needs in relation to adoption planning. The adoptive parent's gross income will be considered, as well as other financial resources and health insurance, in determining eligibility for a special subsidy. For more information, see Procedure VIII-I1: Application for Adoption Subsidy.

A. Relevant facts regarding the child, the biological family or the child's background were known, but not presented to the adoptive parents prior to the adoption's finalization;

B. Any subsidy decision which the adoptive parents deem adverse to the child;

C. Erroneous determination by the Division that a child is ineligible for adoption assistance; and

D. Failure by the Division to advise adoptive parents of the availability of adoption assistance.

If an appeal is upheld, the child may be eligible for a federal (Title IV-E) or state subsidized adoption. The effective date of a federal (Title IV-E) retroactive subsidy payment will be the date of final order issued by the Administrative Law Judge.

A. The child is completing secondary education or a program leading to an equivalent credential;

B. The child is enrolled in an institution which provides post-secondary or vocational education;

C. The child is participating in a program or activity designed to promote, or remove barriers to, employment;

D. The child is employed for at least eighty (80) hours per month; or,

E. The child is incapable of doing any of the above described activities due to a medical condition.

The Division will ensure that the child meets these employment or education requirements. If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.

A. Be signed by the adoptive parents and the Division, and be in effect before adoption assistance payments are made under Title IV-E, but no later than the finalization of the adoption;

B. Specify the duration of the agreement;

C. Specify the amount of the adoption assistance payment (if any) and the nature and amount of any other payments, services, and assistance to be provided (including nonrecurring adoption expenses in agreements that became effective on or after January 1, 1987, for expenditures incurred by the parents on or after that date);

D. Specify the child's eligibility for title XIX and title XX;

E. Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement remains in effect regardless of the state of residence of the adoptive parents; and

F. Contain provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect, or for agreements entered on or after October 1, 1983 (if needed).

If the service specified in the agreement is not available in the new state of residence, the state making the original assistance payment remains financially responsible for providing the specified service(s).

Any subsidy requests that are denied may undergo the appellate process to be upheld or reversed. For adoption subsidies that are requested and approved after adoption finalization has occurred, the Adoption Assistance Agreement (and, therefore, subsidy payments) will go into effect based on the adoption subsidy application approval date (i.e., not the adoption finalization date). This includes both IV-E and non-IV-E subsidies.

A. Be signed by the adoptive parents and the Division and be in effect before adoption assistance payments are made under Title IV-E;

B. Specify the duration of the agreement;

C. Specify the amount of the adoption assistance payment (if any) and the nature and amount of any other payments, services, and assistance to be provided (including nonrecurring adoption expenses in agreements that became effective on or after January 1, 1987, for expenditures incurred by the parents on or after that date);

D. Specify the child's eligibility for title XIX and title XX;

E. Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement remains in effect regardless of the state of residence of the adoptive parents; and

F. Contain provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect; and for agreements entered on or after October 1, 1983, if needed.

STATUS OF SUBSIDY WHEN A CHILD RE-ENTERS FOSTER CARE

When a child with an approved adoption subsidy enters foster care, adoption subsidy payments will continue to the adoptive parents. DCFS will work with Office of Chief Counsel to identify parents receiving adoption subsidy payments to request an order of child support for the subsidy amount. Child support will continue, as applicable, until the child is reunified in the family home or termination of parental rights occurs. If termination of parental rights occur, adoption subsidy payments will be terminated.

SUBSIDY REDETERMINATION

The federal title IV-E adoption assistance program does not require re-determinations of a child's eligibility. Although the title XIX Medicaid Program and the programs that, in part, may qualify a child initially for adoption assistance, such as AFDC and SSI, require re-determinations, they are unnecessary for the purpose of maintaining a child's eligibility for title IV-E adoption assistance.

A. Upon the adoptive parent(s') request;

B. Upon the child's death;

C. Upon the death of the adoptive parent(s) of the child (in a two-parent family, this means both parents);

D. At the cessation of legal responsibility of the adoptive parent(s) for the child;

E. If the Division determines that the child is no longer receiving support from the adoptive parent(s); or

F. When the child reaches the age of eighteen (18) unless:

A. Follow the same subsidy-related policy and procedures, including subsidies for nonrecurring legal expenses, regardless if the adoption is being handled in-state or out-of-state;

B. Ensure close coordination with the other state's adoption worker, if applicable;

C. Determine that the child has a special need in relation to adoption planning, is between the age of birth to 18 years, is in the custody of DHS (for state subsidy only), and is legally free for adoption;

D. Determine if the child is eligible for federal IV-E adoption maintenance subsidy first. If ineligible for title IV-E, determine if the child is eligible for state funded adoption maintenance subsidy;

E. Determine that a reasonable, but unsuccessful, effort has been made to place the child without providing adoption subsidy;

F. Document in each child's case record the specific factor(s) that make the child difficult to place and describe the efforts to place the child for adoption without providing assistance.

G. Determine what type of adoption subsidies are needed, and complete all application procedures by the fourth (4th) month of placement;

H. Review and sign the CFS-425: Application for Adoption Subsidy after the adoptive parent completes it;

I. Print title IV-E verification of eligibility from the Division's information management system;

J. Be clear in the discussion with the family that they will only be screening for a determination of special needs, subsidy eligibility, and making a recommendation to the Adoption Services Unit. Under no circumstances will the Adoption Specialist give the adoptive family the subsidy determination prior to receipt of approval from the Adoption Services Unit. The Adoption Specialist must also explore other resources and assistance that may be available for the child and adoptive family when screening for a subsidy;

K. Complete the "CFS-427: Determination of Eligibility for Adoption Subsidy" and attach the following to the CFS-427:

L. Complete the following:

M. Inform the adoptive parents that subsidy payments may continue until the end of the month of the child's eighteenth (18th) birthday, or by the end of the month of the child's twenty-first (21st) birthday if he or she meets one of the established criteria described in the "Subsidy Extension" policy subsection above and the extension is requested by the adoptive parent as described in the Subsidy Extension" policy subsection above.

N. Provide the following documentation with the initial adoption subsidy application packet:

O. Prepare a narrative entitled "Subsidy Family Profile" about the adoptive family to include:

P. Submit the completed packet to the Adoption Supervisor for review and comment; and

Q. Upon completion of supervisory review, send completed forms, narrative, documents, and other attachments to the Adoption Subsidy Coordinator.

A. Assess all submitted forms and documentation, make a recommendation to approve or deny the adoption subsidy application, and provide written notification to the Adoption Specialist of the recommendation within three (3) working days of receiving the initial application packet from the Adoption Specialist. Contact the Adoption Specialist if additional information or forms are needed;

B. Prepare the "CFS-428: Adoption Assistance Agreement" and route it to the Adoption Manager for approval, then send the CFS-428 to the DCFS Director or designee for signature;

C. Send the signed CFS-428 to the Adoption Specialist with written instructions;

D. Notify the adoptive parent in writing if the application is denied and explain the reason, the internal review procedures, and the Administrative Fair Hearing procedures;

E. Send a copy of the notification of denial to the Adoption Specialist; and

F. Scan all subsidy packets into E-doctus.

A. Meet with the adoptive parent to explain an approval;

B. Review the "CFS-428: Adoption Assistance Agreement;"

C. Secure the adoptive parent's signature on the CFS-428 within five (5) working days from receipt of the agreement or prior to finalization;

D. Send the Adoption Subsidy Coordinator and adoptive parent a copy of the signed CFS-428 within three (3) working days upon receipt;

E. Contact the Adoption Subsidy Coordinator in writing within three (3) working days from the meeting if the adoptive parent has a disagreement with the contents of the CFS-428;

F. Meet with the adoptive parent to explain a denial, review the decision, and explain internal review procedures within ten (10) working days from receipt of written notification to deny; and

G. Send a copy of the Adoption Petition and Final Decree of Adoption to the Adoption Subsidy Coordinator within five (5) working days upon receipt.

G. Upon the adoptive parent(s) request;

H. Upon the child's death;

I. Upon the death of the adoptive parent(s) of the child (in a two-parent family, this means both parents); J. At the cessation of legal responsibility of the adoptive parent(s) for the child;

K. If the Division determines that the child is no longer receiving support from the adoptive parent(s); or

L. When the child reaches the age of eighteen (18) unless:

A. Accept and review referrals for independent adoption and private agency subsidy applications;

B. Assess all submitted forms and documentation, make a recommendation to approve or deny the adoption subsidy application, and provide written notification to the applicant, the person who arranged the independent adoption, or the private agency representative of the decision, within fifteen (15) working days of receiving the initial application packet from the Adoption Specialist;

C. Contact the applicant, the person who arranged the independent adoption, or private agency representative, if additional information or forms are needed;

D. Prepare the CFS-428: Adoption Assistance Agreement if it is recommended the adoption subsidy application be approved, and route the CFS-428 to the Adoption Manager for approval, then send the CFS-428 to the DCFS Director or designee for signature;

E. Send signed CFS-428: Adoption Assistance Agreement to the Applicant and Private Agency representative, if applicable, with written instructions;

F. Notify the adoptive parent in writing if the application is denied, to explain the reason for the denial, the internal review, and the Administrative Fair Hearing procedures; and

G. In CHRIS:

A. Follow the same subsidy-related policy and procedures, regardless if the adoption is being handled in-state or out-of-state;

B. Ensure close coordination with the other state's adoption worker, if applicable;

C. Amend a subsidy if there is documentation that an "at risk" child has developed a serious physical, mental or emotional condition;

D. Determine with adoptive parent if an amendment to the existing adoption subsidy is needed. An amendment may be requested at any time. The adoptive family must consent to any subsidy amendment (title IV-E only);

E. Determine if a change in subsidy payee is appropriate, based on documentation of divorce and custody, by:

F. Determine if there has been a significant change in type of condition of the child to warrant the amendment of a federally funded subsidy. A state may renegotiate an adoption assistance agreement if the adoptive parents request an increase in payment due to a change in type of condition of the child. A higher foster care rate would have been paid on behalf of the child if the child had still been in foster care. Review and sign the "CFS-425: Application for Adoption" after the adoptive parent completes it;

G. Carefully review all requests for increases in payment for state funded subsidies and special subsidies. As state dollars are limited, an exploration of other resources is required and must be documented in the narrative when submitting an amendment request. The Division Director can review extraordinary circumstances at his or her discretion;

H. Complete the "CFS-427: Determination of Eligibility for Adoption Assistance" if a special subsidy is requested;

I. Complete a narrative to address the type of subsidy needed, the source of funding, the reason for the subsidy, the costs, and recommendation;

J. Send all requests, the forms, narrative, and any other documents to the Adoption Subsidy Coordinator within twenty (20) working days from the initial contact with the adoptive parent. For requests of special board rate increases, forward completed packets to the Adoption Subsidy Coordinator for review and comment. Communicate with the adoptive parent to explain an approval, to review the "CFS-428: Adoption Assistance," and to secure the adoptive parent's signature on the CFS-428 within ten (10) working days from receipt of the agreement;

K. Send the Adoption Subsidy Coordinator and adoptive parent a copy of the signed CFS-428;

L. Send the Adoption Subsidy Coordinator a written notification within three (3) working days from the meeting with the adoptive parent to explain a disagreement with the contents of the CFS-428;

M. Meet with the adoptive parent(s) to explain a denial, review the decision, and explain internal review procedures within ten (10) working days from receipt of the written notification to deny;

N. In the Division's information management system, if subsidy amendment is approved, change the Subsidy Ending Date on the Adoption Subsidy screen to stop the existing adoption subsidy. Then, click Clear and enter the new amended subsidy with the new Beginning and Ending dates and the subsidy amount. Request the Approval for the amended subsidy amount;

O. Prepare the CFS-428 if the adoption subsidy application is approved, and route the CFS-428 to the Adoption Manager for approval, then send the CFS-428 to the DCFS Director or designee for signature; and

P. Notify the adoptive parent in writing if the application is denied, to explain the reason for the denial, the internal review, and the Administrative Fair Hearing procedures.

A. The adoptive parent must be receiving a federal or state-funded adoption maintenance subsidy prior to the child's eighteenth (18th) birthday;

B. The adoptive parent must make a formal written request of the DCFS Adoption Support Specialist to continue the subsidy and provide proof that the child:

A. Include the above documentation and recommend whether the adoption subsidy should be continued past the child's eighteenth (18th) birthday;

B. If the adoption subsidy is approved to continue past the child's eighteenth (18th) birthday:

C. If the adoption subsidy is not approved to continue past the child's eighteenth (18th) birthday by either the Adoption Support Specialist, Adoption Manager, or DCFS Director or designee:

A. Approve or deny the "CFS-428-A: Adoption Assistance Agreement for State Funded Payments" or "CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance", as appropriate;

B. If the Adoption Assistance Agreement is approved, send to the DCFS Director or designee for signature; and

C. If the Adoption Assistance Agreement is denied, notify the Adoption Support Specialist and explain the reason for denial.

A. Approve or deny the CFS-428-A or CFS-428-B, as appropriate.

B. Return the CFS-428-A or CFS-428-B, as appropriate, to the Adoption Manager.

A. Contact the ICAMA Coordinator or refer an adoptive parent to the ICAMA Coordinator in the DCFS Adoption Services Unit; and

B. Provide the ICAMA Coordinator with the adoptive family's new address, phone number, and the effective date of the move.

A. Complete the ICAMA forms in relation to a child who is moving from the state and forward the forms to the new state of residence. Forward the following:

B. Forward completed ICAMA forms to the Eligibility Unit in relation to a child who moves into the state:

A. Submit a billing packet to the Adoption Subsidy Coordinator for non-recurring adoption expenses within sixty (60) days after the finalization of the adoption. Non-recurring adoption expenses shall not exceed a total of $1,500.00;

B. For non-travel related expenses, the packet will include: the DHS-1914, original invoice, a copy of the CFS-428-A: Adoption Assistance Agreement for State Funded Subsidy Payments or CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance, as applicable, and final adoption decree;

C. For travel-related expenses, the packet will include TR-1, receipts, a copy of the 428-A: Adoption Assistance Agreement for State Funded Subsidy Payments or CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance, and the final adoption decree; and

D. For payment of a special subsidy, the packet will include DHS-1914; original invoice; copy of the 428-A: Adoption Assistance Agreement for State Funded Subsidy Payments or CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance; and the final adoption decree.

A. Review, code, and forward each completed billing packet within ten (10) business days and forward to the Adoptions Manager for approval.

A. Forward the approved packet to the office of finance for payment within ten (10) working days of receipt from the subsidy coordinator.

A. In the event a child with an adoption subsidy enters foster care:

B. If termination of parental rights occurs for a child whose parents are receiving an adoption subsidy:

A. Assess any change in the adoptive family's circumstances which would warrant termination of the adoption subsidy;

B. Determine if termination of the adoption subsidy is necessary;

C. Conduct a staffing with the Adoption Manager or designee; and

D. Provide written notification to the adoptive parent to explain the reason for the termination of the adoption subsidy and the internal review procedures.

A. Upon receipt of the copy of the court order terminating parental rights or other documentation indicating that the subsidy must be terminated as prescribed in the Adoption Assistance Agreement, send written notice to the adoptive parent(s) informing them of the Division's intent to terminate the subsidy fourteen (14) calendar days from receipt of the notice.

B. In the Division's information management system:

A. Adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian;

B. Adoptee;

C. In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee;

D. The birth parent of the adoptee; or

E. Any child welfare agency having custody of the adoptee.

Any additional non-identifying information which may have been added regarding health, genetic, or social history (excluding information identifying any birth parent, member of a birth parent's family, or any other adoptees for the adoptive parent) will be made available ONLY to the persons listed above.

Any affidavits filed for placements on the registry and any other information collected shall be retained for ninety-nine (99) years following the date of registration. Any qualified person may choose to remove his name from the Registry at any time by filing a notarized affidavit with the Registry.

A. Prepare forms to be shared with administrators of other agencies when an applicant identifies another agency as the agency having completed the adoption.

B. Establish office procedures which will assure the confidentiality of the Registry, its records, and identifying information.

C. Ensure that information contained in the Registry or obtained by Registry staff consists of non-identifying information only.

D. Send information packets containing registration requirements, procedures, and an affidavit to any person inquiring about registration.

E. Access the agency's closed adoption records and court records (limited to the act of verifying a Registry match or for compilation of non-identifying information).

F. Collect fees for registration services and accept affidavits for registration.

G. Provide written notification to qualified registrants as to the status of the initial search of all registrants who wish to be identified.

H. Send notification to match registrants by certified mail.

I. Determine if non-identifying information is available and if the registrant is eligible to receive it.

J. Provide non-identifying genetic, health, and social history of the adoptee in the form of a written adoption summary.

K. Mail non-identifying written summary of information to the registrant by certified mail.

L. Maintain copies of non-identifying information in a secured location.

M. Keep records of every adult adoptee and birth parent reunited through the use of Mutual Consent Voluntary Adoption Registry.

N. Provide a de-identified copy of the foster care record to the adoptee upon request. De-identify the names of any reporters of child abuse and/or neglect.

O. Arrange for an adoptee to review his or her foster care record upon request. This access is NOT available to adoptees who were placed as infants for the sole purpose of adoption.

A. Refer any person inquiring about the Registry to the Registry Administrator, Adoption Services Unit.

B. Provide a minimum of no less than one (1) hour of counseling to Registry applicants for receipt of identifying information and sign the affidavit to verify the service.

A. Adoption through a licensed child placement agency under the Child Welfare Agency Licensing Act; or

B. A private adoption through a person licensed to practice medicine or law.

A fast track adoption under Garrett's Law may occur for newborns not in the custody of the Division of Children and Family Services (DCFS) and for those newborns who are already in DCFS custody. Each scenario is described below.

A. Adoption through a licensed child placement agency under the Child Welfare Agency Licensing Act; or

B. A private adoption with a person licensed to practice medicine or law.

However, if the proposed adoptive family, to include a relative family, has not completed the adoptive home study process, including the required criminal background checks, DCFS will place the newborn in a resource home that is licensed and approved under the Child Welfare Agency Licensing Act. The newborn will remain in a licensed or approved resource home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents. In addition, if the newborn is in the custody of the department:

A. An order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents;

B. Any petition for adoption shall be filed in the open dependency-neglect case; and,

C. The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn.

A. The proposed relative adoptive parents have an approved home study, or the Division approves the adoption (under state law on adoption, child welfare agency licensing laws and regulations, and department policy and procedures);

B. The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody (so that child protection will not be an issue if the adoption is granted); or

C. The court enters an order describing the level of contact, if any, that is permitted between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order.

If DCFS is the licensed child placement agency selected by the mother to facilitate the adoption of her newborn that has already entered DCFS custody, DCFS will conduct the required home study and all other requirements for opening a resource home with an adoptive service on the proposed adoptive family, including a relative family, as prescribed by Policy VII -C.

A. Birth Information:

B. Physical Description:

C. Developmental and Social History:

D. Health History:

E. Personality:

F. Daily Schedule:

G. Clothing:

H. Out-of-Home Placement Experiences:

I. School Experiences:

J. Siblings:

A. Physical and Personality Description:

B. Health:

C. Education:

D. Religion:

E. Employment history.

F. Other Significant Information:

A. The Adoption Specialist may describe the type of family the child needs and state if the child should not be placed in a certain location due to proximity to birth or legal parents, or relatives.

B. The Adoption Specialist may request the child be placed in a home of the same racial or ethnic heritage if indicated by an individualized determination that this placement is needed to advance the best interests of the child.

C. If there are siblings, the Adoption Specialist will explain whether they should be placed together. If separation is recommended, reasons will be stated.

The Adoption Specialist may state preferences in relation to pre-placement visits between the child and an adoptive family.