Overview of CA Child Welfare
Adoption Practice
Welcome!!!
Day 1
Goals of training
o Impart the philosophy that all children deserve
family connection and permanence.
o Discuss that there are several paths to
permanency – adoption in just one of the
paths.
o Exploration of feelings
Learning Objectives
Knowledge
o Things we want you to know, learn, or acquire
Skills
o Things we want you to be able to do/
demonstrate
Values
o 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
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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:
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Actions or Conditions Associated with Child’s Removal.
Death or Incarceration of Parent(s).
Create/Continue a Hearing Date.
Hispanic Designation.
Case Plan Goals.
Financial Aid Documentation/Foster Care Payments.
Foster Caretaker/Substitute Care Provider Data.
Caretaker Family Structure/Foster Family Structure
Caretakers’ Birth Date.
Clinically Diagnosed Disability(ies).
Federal and State Regulations &
other important Codes
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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 NonDiscrimination Act
Federal and State Regulations &
other important Codes
Title XXII Regulations
http://www.dss.cahwnet.gov/ord/PG308.htm
Welfare & Institutions Codes (WIC)
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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
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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 Nonrelative (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
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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
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Structured
Analysis
Family
Evaluation
ACTIVITY – Python Home Study
Welcome!!!
Day 2
Crossword Puzzle
7 Core Issues of Adoption
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Loss,
Rejection,
Guilt/Shame,
Grief,
Identity,
Intimacy & Relationships,
Control/Gains
http://www.adoptionsupport.org/res/7core.php
7 Core Issues of Adoption
• Psychosocial Model of Adoption Adjustment
– Adoption as a Risk Factor
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Infancy
Toddlers and Preschoolers
Middle Childhood
Adolescence
7 Core Issues of Adoption
• Attachment/Reaction to Separation and Loss
• Impact of Abuse and Neglect
7 Core Issues of Adoption
• Placement Moves: Impact on Children
– Attachment
– PTSD
– Abuse, Stress & Anger
7 Core Issues of Adoption
Early Interactions Affect the BRAIN
• Impact of loss
• Placement Moves
• Exposure to Trauma
Disclosure and Confidentiality
• 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.
National Resource Center for Permanency and Planning Connections
http://www.nrcpfc.org/cpt/component-two.htm
Disclosure and Confidentiality
Full disclosure to all participants
– Entitled parties
– What Information should be disclosed?
– Parental Relinquishment
National Resource Center for Permanency and Planning Connections
http://www.nrcpfc.org/cpt/component-two.htm
Adoptive Placement
• Completing Adoptive & Placement Forms
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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
Adoptive Placement
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
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
Voluntary Relinquishment
• Social Worker Assessment
• Adoption Worker Assessment
Voluntary Relinquishment
• Assessment for Potential of Reunification
– Reunification Assessment Checklist
• Strong potential for reunification indicators
• Week potential for reunification indicators
– Egregious Circumstances
Voluntary Relinquishment
• Permanency Planning Mediation
– Most Commonly Asked Questions
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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
Voluntary Relinquishment
• Substantial Probability of Return
– Definition
The 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
Voluntary Relinquishment
Firm Timelines
1 mo 2 mo 3 mo
4 mo
5 mo
6 mo
7 mo
3 years of age on
the date of their
initial removal
8 mo
9 mo 10 mo 11 mo
12 mo
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
Voluntary Relinquishment
• 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
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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
Transitioning
• The Cover Story
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
Interviewing Children
• Talking to Children about their Birth Parents
– Preschool
– Early elementary
– Middle School
Interviewing Children
• 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…
Working with Birth Parents
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
Working with Birth Parents
Danielle’s Family
Scenario
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Scenario
2
Working with Birth Parents
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
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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
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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 (JV479) – 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 NUMBER
During 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.