Delaware Administrative Code
Title 14 - Education
900 - Special Populations
936 - Child Placing Agencies
Part III - ADOPTION
Section 936-III-47.0 - General Policies and Practices

Universal Citation: 14 DE Admin Code 936-III-47.0

Current through Register Vol. 28, No. 3, September 1, 2024

47.1 A licensee shall provide documentation that a relinquishing birth parent or guardian has been provided the following information regarding terminating parental rights:

47.1.1 Assistance with reaching an informed decision regarding termination of parental or guardian rights, such as counseling in arriving at a plan that is best for himself or herself and the child, including available alternative plans;

47.1.2 Resources to seek legal counsel about any questions regarding the legal results of relinquishing a child;

47.1.3 Procedures involved in relinquishing a child for adoption;

47.1.4 Counseling in resolving problems relating to a child's relinquishment;

47.1.5 Referral for hospitalization, maternity home care, or other community resources, as needed;

47.1.6 If appropriate, preparation of the child and the relinquishing birth parent or guardian for the separation; and

47.1.7 Search service for both the relinquishing birth parent or guardian and the child as provided by law.

47.2 A licensee shall inform a relinquishing birth parent or guardian of his or her right to receive, on request, the following information before relinquishment:

47.2.1 A description of an agency's criteria used in selecting an adoptive parent applicant if not already identified; and

47.2.2 Non-identifying background information on an adoptive parent applicant if already identified.

47.3 Before placing a child, a licensee shall have documentation on the physical, emotional, and social developmental and educational factors relevant to the child's background and current situation, to the extent the information has been made available. This documentation shall include:

47.3.1 Full name, age, address, phone number, and social security number, as appropriate, of a relinquishing birth parent or guardian;

47.3.2 Attitudes of relinquishing birth parent or guardian and child, if appropriate, toward adoption;

47.3.3 Reasons for relinquishing a child;

47.3.4 Name, age, and address of siblings and other known family members;

47.3.5 Social, physical, and mental history of a birth parent and other known family members;

47.3.6 Child's name, birth date, sex, religion, race, nationality, height, weight, hair color, eye color, and identifying marks;

47.3.7 Child's social security number;

47.3.8 Child's physical, medical, mental, and educational history; and

47.3.9 Child's health appraisal or medical update performed within 12 months before placement.

47.4 A licensee shall ensure that services, including financial, provided to or for a relinquishing birth parent or guardian are not dependent upon a decision to place a child for adoption.

47.5 A licensee shall maintain a record for a relinquishing birth parent or guardian and child that includes:

47.5.1 Information, as required by these regulations;

47.5.2 Updated information, if available, on the child's location; and

47.5.3 Summary of services provided.

47.6 A licensee shall inform a relinquishing birth parent or guardian of his or her right to maintain current contact information and responsibility to report to an agency hereditary or other medical conditions that may affect a child's health.

47.7 An agency shall have an arrangement with an approved foster parent to ensure care for a child between the time of relinquishment and the time of placement.

47.8 At the time of initial inquiry, a licensee shall have a written policy on evaluating an adoption application. This policy shall be available to an applicant and state:

47.8.1 An approach to involvement of an applicant in a self-evaluation of strengths and weaknesses;

47.8.2 Selection criteria for an applicant, including criteria an agency uses for rejection of an application;

47.8.3 How applications are processed, including a timeline for notifying an applicant of a decision regarding the application; and

47.8.4 A written appeal procedure provided to an applicant whose application has been denied explaining the appeal process, if an appeal is possible, how and when an appeal can be heard, and when a denial decision is final.

47.9 The licensee shall ensure a household member turning 18 years old has a background check by Delaware State Police within five business days of turning this age.

47.10 A licensee shall ensure an applicant is informed of the requirement to report to the agency any subsequent arrest or criminal charge and any child abuse or neglect allegations or substantiations of himself or herself and any other household member throughout an adoption process.

47.11 A licensee shall have a written placement policy that:

47.11.1 Matches a child with an adoptive parent to ensure the child's needs are met;

47.11.2 Addresses the need for siblings to remain together; and

47.11.3 Addresses the need for a child to preserve his or her cultural, racial, and religious identities.

47.12 A licensee shall ensure that an adoptive parent is aware that personal information about a child or the child's birth parent or guardian or other family member shall be held in a confidential manner except as authorized by law.

47.13 A licensee shall have a written description of how an agency prepares a child in its care or supervision for adoption.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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