Overview of CA Child Welfare Adoption Practice. Welcome!!! Day 1

Overview of CA Child Welfare Adoption Practice

Welcome!!!

Day 1

Goals of training

oImpart the philosophy that all children deserve family connection and permanence.

oDiscuss that there are several paths to permanency – adoption in just one of the paths.

oExploration of feelings

Learning Objectives

Knowledgeo Things we want you to know, learn, or acquire

Skillso Things we want you to be able to do/

demonstrate

Valueso Things we want you to feel is important and

incorporate in practice

Parking Lot

Center for Social Services Research- California

Center for Social Services Research- Add County Name

State and County Adoption Statistics (CSSR)

• INSTRUCTIONS

– Go to http://cssr.berkeley.edu/ucb_childwelfare/– Click on the Foster Care button– Click on the Adoption button– Select C2.1 – Adoption within 24 months (exit cohort)– Select the most recent time period (or another time period)

– Click the next button– Click the finish button

AFCARS

Staff MUST provide complete, accurate, and timely data in order to avoid federal penalties

These items have been problematic in the past:1.Actions or Conditions Associated with Child’s Removal.

2.Death or Incarceration of Parent(s).

3.Create/Continue a Hearing Date.

4.Hispanic Designation.

5.Case Plan Goals.

6.Financial Aid Documentation/Foster Care Payments.

7.Foster Caretaker/Substitute Care Provider Data.

8.Caretaker Family Structure/Foster Family Structure

9.Caretakers’ Birth Date.

10.Clinically Diagnosed Disability(ies).

• Social Security Act

• Child Abuse and Prevention and Treatment Act (CAPTA)

• Adoptions and Safe Families Act (ASFA)

• Indian Child Welfare Act (ICWA)

• Multi-Ethnic Placement Act (MEPA)

• (Safe & Timely) Interstate Compact on the Placement of Children (ICPC)

• Adam Walsh Child Safety & Protection

Federal and State Regulations & other important Codes

New(er) Laws

•AB 1856 - Providing Safe, Supportive homes for LGBTQ youth

•AB458 - The California Foster Care Non-Discrimination Act



Title XXII Regulations

http://www.dss.cahwnet.gov/ord/PG308.htm

Welfare & Institutions Codes (WIC)•366.26•366.3•16115 – 16125 (AAP)•366.24

Identifying Values Related to Permanency & Adoptions

• Questions about Permanency– Children are unsuitable for permanency when…– Adopted children and children under guardianship

are…– When considering placing a child outside his/her

geographic region, I am most concerned about…– When formulating a permanency plan for a teen-ager,

adoption is…

Assumptions about Permanency

• Adoption and guardianship are different from birth families.

• Adjustment to non-birth parent permanency is a lifelong process.

• Adopted children and those under guardianship bring genes, birth experience, family ties, and life history to the permanency family.

• Adoptive/guardianship parents, biological parents, and children share a sense of loss.

• Permanency is a service on the continuum of protective services to children.

• All children who are unable to return to their own home should be considered for permanency.

Types of Permanency Options Placement Preferential Order

• Remain safely in birth home • Placement with Relatives or Extended Non-

relative (mentor) • Foster Family Home • Foster Family Agency Home • Group Home (institution care)

The lowest level of care must used based on the needs of the child. Once a child is placed out of home, we must look toward placing a child in a placement that can offer a permanency plan should reunification not be successful .

Reunification Timelines

• Reunification Timelines• California Timelines

Benefits to Adoption

• Keep Connection• Share Information• Birth Families Care• Not a Threat• Know the Permanency Outcome• Feel more Authentic• Healthier Relationships Develop

Caregiver/Child Matching

• Caretaker Suitability• Child Match Characteristics• Consideration of Kin

Caregiver/Child Matching

• Caregiver – Child Matching• Successful Characteristics of Adoptive Parents• Successful Characteristics of Special needs

adoptive families

Home Study

• Philosophy Shift• The SAFE Model

– Structured– Analysis– Family– Evaluation

ACTIVITY – Python Home Study

Welcome!!!

Day 2

Crossword Puzzle

7 Core Issues of Adoption

1. Loss,

2. Rejection,

3. Guilt/Shame,

4. Grief,

5. Identity,

6. Intimacy & Relationships,

7. Control/Gains

http://www.adoptionsupport.org/res/7core.php

• Psychosocial Model of Adoption Adjustment– Adoption as a Risk Factor

• Infancy• Toddlers and Preschoolers• Middle Childhood• Adolescence


• Attachment/Reaction to Separation and Loss• Impact of Abuse and Neglect


• Placement Moves: Impact on Children– Attachment– PTSD– Abuse, Stress & Anger



• Impact of loss• Placement Moves• Exposure to

Trauma

Early Interactions Affect the BRAIN

• Full disclosure to all participants– Definition

Respectful, candid discussion that begins when a child is placed in foster care. Full disclosure is

offered to the parents and other team members, and continues throughout the life of a case.

Disclosure and Confidentiality

National Resource Center for Permanency and Planning Connectionshttp://www.nrcpfc.org/cpt/component-two.htm

Full disclosure to all participants

– Entitled parties– What Information should be disclosed?– Parental Relinquishment

Disclosure and Confidentiality

National Resource Center for Permanency and Planning Connectionshttp://www.nrcpfc.org/cpt/component-two.htm

Adoptive Placement

• Completing Adoptive & Placement Forms

– AD 512 – Psychosocial and medical history of child– JV285 – Relative Information– AD67 – Information about the birth mother– AD67A – Information about the birth father– Adopt 310 – Contact after Adoption agreement– Adopt 330 – Request for appointment of confidential

intermediary – Adopt 331 – Order of appointment of confidential

intermediary

Completing Adoptive & Placement Forms

– AD 904 – Consent for contact– AD 904A - Waiver of rights to confidentiality for

siblings– AD 904B - Waiver of rights to confidentiality for

siblings: Under the age of 18– AD 908 – Adoption Information Act Statement– AD 908A – Adoption Information Act Statement: Adult

Adoptee

Adoptive Placement

Voluntary Relinquishment

• Definition– Relinquishment means that a birth parent surrenders

their custody and control and any responsibility for the care and support of the child to the department or any licensed public or private agency.

• Parental Advisement


• Social Worker Assessment• Adoption Worker Assessment


• Assessment for Potential of Reunification– Reunification Assessment Checklist

• Strong potential for reunification indicators• Week potential for reunification indicators

– Egregious Circumstances


• Permanency Planning Mediation– Most Commonly Asked Questions

• Why mediation?• Who may ask for mediation?• Must a family enter into mediation?• What families are appropriate for mediation?• Is adoption always the goal of permanency planning

mediation?• What is an open adoption agreement?• What is “safe contact” for the child?

– Waiver of Reunification


• Substantial Probability of Return– DefinitionThe parent/guardian has consistently contacted and visited the

child, made significant progress in resolving the problems leading to the children’s removal, and demonstrated the capacity and ability to complete the case plan objectives…

– Consistent contact and visitation– Significant progress – Capacity and ability to be a safe parent

Reunification Timelines

• Reunification Timelines• California Timelines

Substantial Probability of Return

ACTIVITY


Firm Timelines

1 mo 2 mo 3 mo 4 mo 5 mo 6 mo 7 mo 8 mo 9 mo 10 mo 11 mo 12 mo

3 years of age on the date of their initial removal

3 years of age on the date of their initial removal

Some/all siblings when at least one was under the age of 3 on the date of their initial removal IF the court determines that the same 366.26 hearing

date is needed to find/maintain permanency


• Parental Competency

– Agency Determinations before accepting relinquishment

– AD 855A (Statement of Understanding Agency Adoption Program)

Special Topics

Safe Surrender Definition

An infant is considered to be safely surrendered if the child:•Is 72 hours old or younger•Is voluntarily surrendered by a parent or individual w/ lawful custody•Is surrendered to personnel on duty at a designated safe surrender site•Hast not suffered abuse and/or neglect

Safe Surrendered Baby Law (http://www.babysafe.ca.gov/)

Welcome!!!

Day 3

Transitioning

• Transition Tools

– Photo Album– Family Video

http://www.galleryleather.com/photo-albums

•Transition Tools– Pre-Placement Calendar

• Pre-Verbal Child• Preschool Child• School-age Child• Children in residential care• Moving children out of state• Children with developmental disabilities

• Transition Tools– Good-bye Letter– Candle Ceremony– Child’s List

Transitioning

Needs and Fears

Transitioning

Multiple Purposes of a Lifebook

Child Information Gateway•This is my Story•Tip Sheet•Life Book pages

Sample Life Book – Annette Zhen

http://www.emkpress.com/pdffiles/lifebook.pdf

Transitioning

Eco-Map

Eco Map Reference

• The Cover Story

Transitioning

My name is ___________________I came from (town/state) ________

Transitioning

• Adoption and Pre-Placement Plan

Interviewing Children

• Three Aspects of Parenting– Birth Parent– Legal Parent– Parenting Parent


• Talking to Children about their Birth Parents– Preschool– Early elementary– Middle School


• Talking to Children about Permanency

Working with Birth Parents

• Compelling Reasons not to Terminate Parental Rights– Regular visitation– Child is 12 years and objects to TPR– Child is in a residential tx facility, adoption is unlikely

or undesirable– Child is living with a relative or foster parent who is

unable or unwilling to adopt b/c of exceptional circumstances…

– There would be substantial interference with a child’s sibling relationship…


Assessment of the Potential for Reunification

Strong potential for Reunification Indicators

Weak potential for Reunification Indicators

Parent-Child Relationship Catastrophic Prior Abuse

Current Parental Support System Dangerous Lifestyle

Past Parental Support System Significant CWS History

Family History Historical Influences

Parent’s Self-care & Maturity

Child’s Development


Danielle’s Family


What do families expect of the adoption process?

Graphic Reference

Welcome!!!

Day 4

Court Timelines & Adoption

ACTIVITY

Court Timelines & Adoption

• Time to Finalization• 366.26 Reports• 361.5 Adoption Assessment

Post Adoption

• Phases in Post Adoption– Initial Adjustment– Growth/ Time brings change– Crisis

• Early Adjustment phase• Transitional phase• Adult phase

Post Adoption

Crisis Periods

Areas where problems are most likely to occur: •Entitlement•Claiming•Separation and Loss•Bonding and Attachment•Identity formation•Unmatched expectations•Shifting Family System

Post Adoption

Disruption/Dissolutions

Disruption – adoption process ends after the children is placed in an adoptive home and BEFORE the adoption is finalized.

Dissolution – adoption in which the legal relationship between the adoptive parents and adoptive child is severed AFTER the adoption is legally finalized.

Child Information Gateway

Non NMD - Policies and Procedures

• Eligibility– Age eighteen AND in foster care dependency under the jurisdiction of

the juvenile court

– Are on probation and under an order for foster care placement at age 18

– Are eligible for either federal or state AFDC-FC

– Meet any of the above circumstances and are:

• In foster care and pregnant and/or parenting

• In foster care and residing out-of-county or

• In foster care and residing out-of-state

– Are in a Non-relative legal guardianship (NRLG) established through juvenile court and sign a mutual agreement to remain in foster care.

– Youth who do not qualify are still able to pursue an adult adoption. However, only NMD adoptions are eligible for AAP benefits.

Non NMD - Policies and Procedures

• Case Planning– The social worker helping the NMD to identify

permanent connections– The social worker facilitating contact between NMD

and relative(s) or tribal customary adoptive parent(s)– The social worker documenting the NMDs desire to

be adopted by an adult who has been established as a permanent connection

Disclosure

Dependency Non-Minor Dependents

1. Full disclosure mandated (Title 22, section 35195 (1)(a),(b)).

2. Social worker responsible for collecting and disseminating information.

3. AD 512NMD- Social worker attaches all documents and information provided.

4. AD513NMD - None in dependency adoption.

1. Full disclosure not mandated (NMD has sole authority).

2. Disclosure of background information is determined by the NMD.

3. Any background information or placement history cannot be shared without the consent of the NMD.

4. Worker is responsible for instructing NMD how to obtain and disclose information.

5. (HO76) AD 512NMD -Worker attaches all information NMD authorizes release of and/or writes “Declined” across any sections NMD declines to share. Worker and NMD acknowledge receipt of information in writing.

6. (HO 77) AD513NMD - Explains requirements for releasing background information. Requires signatures of NMD, worker and adoptive parent.

Disclosure

• Practice Considerations– Workers must advise NMDs about the importance of

mutually trusting relationships with prospective adoptive parents.

– Workers shall explain the role of background information in the negotiation of the AAP benefit amount.

– If workers have knowledge of background information that may pose a concern for the adoptive family and the NMD chooses not to disclose, the worker may indicate in their court report that the adoption is not in the best interests of the NMD and the prospective adoptive parents. W&IC 366.31(f)(5)(G).

Assessment & Court

If the court makes an order of adoption at a 366.3 hearing, the court will set a hearing within 60 days.

– The NMD must consent to the adoption. – A hearing to terminate parental rights is not required.– EXCEPTION. If the NMD is an Indian Child and Tribal

Customary Adoption is recommended as the permanent plan, AB1712 authorizes:

• The permanent plan must follow the process for TCA as outlined in current regulation. NMD adoption does not terminate parental rights.

• NMD’s who are receiving benefits in the After 18 program are eligible for the Adoption Assistance Program (AAP) until age 21.

Assessment Report

• Must include a recommendation to the court as to whether adoption is in the best interests of the NMD and prospective adoptive parent(s). The assessment shall focus on the following:– Evaluate the length and nature of the relationship between the

NMD and the prospective adoptive parent– Determine whether a permanent connection has been

established with the NMD and prospective adoptive parent and whether NMDs needs are being met

– Evaluate the ability of the prospective adoptive parent to meet the specific needs of the NMD

– The prospective adoptive parent’s motivation to adopt

Assessment & Placement

• Face-to-face visits are required to complete the assessment. • Interviews must be youth focused and conducted individually and conjointly. • Online interviews using video chat (Skype) may be used in cased on travel

hardship.• The NMD does not have to reside with adoptive parents; however they must

provide support (emotional and financial).• If the NMD has a developmental disability the worker shall involve the regional

center caseworker (if applicable) in determining whether adoption is an appropriate plan and the prospective adoptive parents are capable of meeting the needs of the NMD.

• If a final assessment does not recommend that adoption is in the best interest of the NMD, the prospective adoptive parent and NMD may file a request for a grievance.

• Prospective adoptive parent(s) will be required to provide criminal history background information. Background clearances are required for authorization of Adoption Assistance Payments (AAP).

Court Reports

A Court report must be submitted a minimum of ten (10) calendar days prior to the hearing. The Court Report must have the following completed documents attached:•Non-minor Dependent Mutual Disclosure Agreement Form (AD 513NMD)•Adoption Assistance Program Agreement (AD 4320)•Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475)•Judicial Council form Consent of Spouse or Registered Domestic Partner to Adoption of Nonminor Dependent (JV-477) (if applicable)•Judicial Council form Order of Adoption of Non-minor Dependent (JV-479) – To be submitted at finalization hearing

AAP Benefits – Families

• AAP benefits are available to families who complete a NMD adoption through the juvenile court. A NMD adopted after the age of 18 may be eligible for AAP benefits if:

• They meet the three parts special needs determination• They meet the citizenship requirement• They meet one of the Title IV-E (federal) Eligibility Paths• The public adoption agency must inform the prospective parent that

the following may be available:• AAP benefits• Reimbursement of non-recurring adoption expenses of up to $400

and/or• Potential for a state and federal tax credit (please consult a tax

professional)

AAP Benefits – NMD Eligibility

• The public adoption agency is in charge of determining the NMD’s AAP eligibility. NMD’s must meet one of the five participation criteria for AAP benefits to age 21:

• Attending/completing high school or an equivalency program

• Enrolled in post-secondary or vocational school• Participating in a program or activity that promotes or

removes barriers to employment• Employed at least 80 hours per month• Is incapable or participating in one through four above

due to a documented physical or mental condition.

AAP Forms

• AAP 7 - Adoption Assistance Program Statement of Acknowledgement• AD4320 – Adoption Assistance Program Agreement• AD907 – Adoption Placement Agreement

STATE ID NUMBERDuring the review hearing where NMD adoption is ordered as the permanent plan, the adoption agency shall file the following:•AD 90 – (Acknowledgment and Confirmation of Child Freeing Documents)•AD 558 – (Notice of Removal)

CDSS will issue an AD 4333 to confirm receipt of the documents and will provide the agency with a state case number. If, for any reason the adoption does not finalize, a Notice of Removal (AD580) must be file with CDSS.