Trends in U.S. Foster Care
Adoption Legislation:
A State by State Analysis
November 2006
COMMISSIONED BY THE NATIONAL ADOPTION DAY COALITION
CONDUCTED BY THE URBAN INSTITUTE CHILD WELFARE RESEARCH PROGRAM
Trends in U.S. Foster Care Adoption Legislation: A State by State Analysis
*Please note that the following report is embargoed until Thursday, November
16, 2006 at 11:00 a.m. EST
The National Adoption Day Coalition is comprised of seven partners – The Alliance for
Children’s Rights, Casey Family Services, Children’s Action Network, Congressional
Coalition on Adoption Institute, Dave Thomas Foundation for Adoption, Freddie Mac
Foundation, and Jockey International – that work to draw special attention to foster
children waiting for permanent families and to celebrate all loving families that adopt.
Web site: www.nationaladoptionday.org
The Urban Institute is a nonprofit, nonpartisan policy research and educational
organization established in Washington, D.C., in 1968. Its staff investigates the social,
economic, and governance problems confronting the nation and evaluates the public and
private means to alleviate them. The Institute disseminates its research findings through
publications, its Web site, the media, seminars, and forums. This study was conducted
by: Erica H. Zielewski and Karin E. Malm of the Urban Institute in collaboration with Rob
Geen of Child Trends and Steve Christian at the National Conference of State
Legislatures. The authors would like to thank Patti Banghart, Daniel Kuehn, Brendan
Saloner and Rachel Yarbrough for their research assistance. Web site: www.urban.org
INTRODUCTION
According to the most recent data available, 114,000 children in the United States foster care system were
waiting to be adopted in 2005. These children have come into the foster care system due to abuse or neglect, and
the public child welfare agencies have determined that adoption is their best option for achieving permanency.
During that same year, however, only 51,000 children were adopted from foster care (U.S. Department of Health
and Human Services 2006). Children waiting to be adopted are older (8.6 versus 6.7 years) than their adopted
counterparts and have been in care for three and a half years, on average.
A clear gap exists between the number of children waiting to be adopted and the number actually adopted from
foster care each year. This gap is caused by a number of factors, including states’ struggles to recruit families to
adopt children from foster care and a complex and lengthy adoption process. In 2004, the National Adoption Day
Coalition research report identified the primary barriers and promising approaches states report in moving foster
children into adoptive homes, as noted in the U.S. Department of Health and Human Services’ Child and Family
Services Reviews. Last year, the National Adoption Day Coalition commissioned the Urban Institute to conduct a
study to look more closely at how states find adoptive homes for children in foster care, a key barrier reported in
2004. This report described interest in adoption, actions taken to adopt, and the state of adoption recruitment in
the United States.
In each of the two previous years, our research has focused on how policy and practice work together to move
children from foster care to adoption. This year, the research focuses on a different tool for adoption reform, state
legislatures. This report provides a first look at legislation specifically related to the adoption of children from
foster care, that is, foster care adoption, introduced in the 50 state legislatures and the District of Columbia
between 2002 and 2006. Using various legislative databases and state legislative web sites, research staff
identified and coded all bills related explicitly to foster care adoption. For more information on methodology, see
appendix B. In addition to identifying trends in foster care adoption legislation, this analysis also takes an in-depth
look at eight bills, to understand the legislative process surrounding adoption. Finally, this report examines
services that support families after they adopt children from foster care, called post-adoption services and
supports.
This report comes at a critical time. The Adoption and Safe Families Act (ASFA), passed in 1997, greatly
increased efforts to move children from foster care to permanent homes in a timely manner. In response to ASFA,
state legislatures have had to respond to comply with this bill. While adoption has always been a matter of state
rather than federal law, we anticipated that state legislatures would be responding to ASFA as they often do to
federal legislation, by introducing and passing related legislation. However, this analysis indicates that state
legislatures are active in the area of foster care adoption and that much of this legislation is introduced not in
direct response to federal legislation, but perhaps rather as part of efforts to address barriers to adoption in the
states.
How Does Adoption Work .................................................................................................................... 2
Guidelines for the Research................................................................................................................. 3
Key Finding: Legislatures Interested in Foster Care Adoption ........................................................ 4
Key Finding: Legislation Relates to Barriers to Foster Care Adoption .......................................... 5
Key Finding: Post-Adoption Supports Provided, Needs Remain .................................................... 6
Case Studies of Featured Legislation ................................................................................................. 8
Case Studies: Finding and Approving Adoptive Families ................................................................ 9
Case Studies: Expediting the Adoption Process ............................................................................. 10
Case Studies: Supporting Adoptive Families................................................................................... 11
Lessons Learned from Case Studies ................................................................................................ 12
Emerging Trends in Legislation......................................................................................................... 13
Recommendations .............................................................................................................................. 14
Additional Resources and Information ............................................................................................. 15
Guide to the State-by-State Profiles .................................................................................................. 16
Appendix A: Glossary......................................................................................................................... 18
Appendix B: Methodology.................................................................................................................. 20
Appendix C: State-by-State Profiles .................................................................................................. 21
1
HOW DOES ADOPTION WORK?
The movement of children through the foster care system and into adoptive homes is a complex process marked
by different stages. The following, taken from Foster Care Adoption in the United States: A State-by-State
Analysis of Barriers and Prosing Approaches by Macomber and coauthors (2004), offers a detailed look at each
stage of the adoption process.
Entry into Care
A child first enters the child welfare system most often due to abuse or neglect suffered at the hands of his or
her parents. At this point, the child is removed from his or her home and the child welfare agency assesses
the child’s needs and identifies a placement best suited for the child. The court makes a finding of abuse
or neglect. In identifying a placement, the agency may seek a family that is interested in adopting the child,
which may speed the adoption process if it is later determined the child can not be reunified with his or her
parents. However, if the finding of abuse or neglect is not timely in the courts, future permanency hearings
may be delayed. In fact, adoption efforts can begin at placement.
Permanency Planning
After a child is placed in care, the child welfare agency begins a process called “permanency planning.” This
process involves the development of a plan with a permanency goal to eventually return the child home
(reunification) or place the child in an alternate living arrangement (e.g., adoption, legal guardianship,
permanent placement with relatives, or other planned permanent living arrangement). Agencies may
implement a practice called concurrent planning to simultaneously pursue reunification and another
permanency option, should reunification fail. States have to make reasonable efforts to reunify unless the
court determines that the circumstances are so egregious that they are not necessary. The court must hold a
permanency hearing for the child within 12 months of a child’s entry into care, to confirm the goal for the
child and order the appropriate actions to support it.
Termination of Parental Rights
If it is determined that the child welfare agency will make efforts to place the child for adoption, the process of
termination of parental rights (TPR) begins. This process involves conducting a diligent search for the child’s
absent parents and/or extended birth family members, conducting court proceedings, providing legal
services for the parents, and conducting proceedings should the parent appeal the TPR. In some cases, a
parent may voluntarily relinquish his or her parental rights.
Adoptive Placement Recruitment and Approval
States vary as to when they begin the process of finding an adoptive placement for the child. Some begin
during concurrent planning, while others wait until TPR proceedings have been finalized. This process
involves recruiting, selecting, and approving the appropriate home.
Adoption Proceedings and Placement
The court then conducts adoption proceedings, while the agency sets up a subsidy and establishes
services for the adoptive family, and prepares the family and child for the adoption. Many families who
adopt children from foster care are eligible to receive an adoption subsidy to assist with care expenses.
Post-Adoption
After the adoption is finalized, the child is no longer in the custody of the state, and the new adoptive family
assumes full responsibility for the child’s care. States may provide post-adoptive services in addition to
adoption subsidies to ensure a smooth transition into the adoptive home for both the child and the adoptive
family. In addition, adoptive parents may work with the child’s biological family to create post-adoption
contract agreements, so that the child can be in communication with his or her birth family.
2
GUIDELINES FOR THE RESEARCH
Below are a few key points to keep in mind when reading this report.
Data Provides a Snapshot of Legislative Action
The information provided in this report looks at a specific time period from January 2002 to June 2006.
We are only measuring legislative activity during this time period. Prior to or after this time period, the
legislative landscape around foster care adoption could be different. Also, in counting the number of
introduced bills that have been passed, we are only able to consider bills that have been introduced and
passed during this time period. It is possible that some bills were introduced multiple times before the
time period and that some bills will be passed after the time period.
Number, Not Quality or Impact of Legislation
While this study highlights the number of bills relating to foster care adoption that state legislatures have
introduced and passed, the quantity of bills is not an indicator of the quality of bills. Sometimes a
legislature will introduce a bill to change the definition of one term in a state’s law. To contrast, other bills
create broader service programs. It is impossible to understand the impact or significance of the
legislation based on the number of bills introduced.
Legislative Activity Varies By State
Looking across the states reveals clear differences in the number of bills relating to foster care adoption
that have been introduced and the rates at which those bills have been passed. There are many reasons
why the numbers of bills introduced or passed by a state vary, many of which are unrelated to
legislatures’ interest in the topic. The length of the legislative session varies by state from one to twelve
months. Additionally, several state legislatures meet every other year, while others meet for limited
annual sessions. The number of legislators and the size of their legislative staff all impact the number of
bills introduced. Depending on how a state’s laws are structured, some states may be able to carry out
reforms through policy or executive branch actions while others require legislation for the same reform.
Lack of Legislative Action Does Not Equal Lack of Reform
While this report focuses on legislative activity on the issue of foster care adoption, there are other ways
to enact change in the adoption system. A state may not need legislative action if they already have a
statute in place that addresses a particular issue or if the particular reform can be done by an executive
agency without statutory change. For example, a state legislature may not have introduced a bill giving a
state tax credit to adoptive families because the state already has this policy. Similarly, one state
legislature may not introduce a bill to make a unified process for approving foster and adoptive families,
because administrators at the child welfare agency have authority to carry out these reforms without
legislative action in the state—whereas in another, legislative action may be required, or it may be desired
by the legislature to prompt more rapid action. When viewing these data, it is important to remember that
the lack of a bill on an issue does not mean that the state is inactive on that issue.
3
KEY FINDING: LEGISLATURES INTERESTED IN
FOSTER CARE ADOPTION
Legislative Activity Relates to Adoption of Children in Foster Care
Between 2002 and 2006, state legislatures introduced nearly 1,000 pieces of legislation related to adoption of
children from the foster care system, that is, foster care adoption. Some of these bills, however, are introduced
repeatedly throughout this five-year period and there are many instances in which legislatures have introduced
different versions of the same bill. Each of the 50 states and the District of Columbia introduced at least one bill
related to foster care adoption during this time period. On average, the states introduced 20 bills related to foster
care adoption during the past five years.
Foster Care Adoption is a Bipartisan Issue
Bills have been introduced and passed in states that are controlled by the Republican and Democratic parties,
indicating that foster care adoption is a bipartisan issue addressed by state legislatures regardless of party and
ideology.
Legislation Affects All Stages of the Adoption Process
Between 2002 and 2006, state legislatures introduced and passed bills that relate to all stages of the foster care
adoption process (table 1). More than 40 percent of the bills passed (and almost a third of the bills introduced)
related to termination of parental rights or other parental rights issues. In addition, a third of the bills passed
related to adoption recruitment, placement identification, or family approval. At least 39 states introduced
legislation related to the four of the six stages of the adoption process we identified, and at least 29 states passed
legislation related to these stages. Finally, it appears that the proportion of introduced bills that were passed did
not vary significantly based on the stage of the process the bills addressed. Overall, state legislatures passed
approximately one in four of the adoption bills introduced. It is important to remember that legislation often takes
time before being passed and that many bills have been introduced multiple times. It is possible that some of
these bills will be passed in the future.
# Bills
Introduced,
Related to
Legislation
# Bills
Passed
% of
Introduced
Bills
Passed
# States
Introducing
Related
Legislation
# States
Passing
Related
Legislation
Entry into Care
24
6
25
11
6
Permanency Planning
46
18
39
20
14
Termination of Parental Rights/Other Parental Rights Issues
323
100
31
39
30
Adoption Recruitment, Placement, and Family Approval
312
81
26
42
30
Adoption Proceedings and Preparation/Transition to Adoption
203
58
29
41
30
Post-Adoption Services and Supports and Open Adoption
198
47
24
40
30
Other Adoption Items like Tax Credits, Adoption Studies, etc.
364
70
19
40
29
Stage of the Adoption Process
Note: The number of bills introduced and passed in table 1 does not add up to the total number of bills
reported in the text, because many bills relate to more than one stage of the adoption process and are
noted more than once.
4
KEY FINDING: LEGISLATION RELATES TO
BARRIERS TO FOSTER CARE ADOPTION
Clear Barriers to Foster Care Adoptions Exist
In 2004, the Urban Institute, with the support of the National Adoption Day Coalition, identified numerous barriers
to foster care adoption as noted in the U.S. Department of Health and Human Services’ Child and Family
Services Reviews. Top barriers to adoption reported by states included delays in conducting termination of
parental rights hearings, recruiting adoptive homes, child welfare case management, court case management,
and establishing or changing a child’s goal. Other notable barriers included approving adoptive families,
conducting termination of parental rights appeals, and lack of child welfare and court resources.
Ways to Address Adoption Barriers
While many barriers to foster care adoption exist, there are also many remedies. Breaking down the barriers can
take many forms. The federal Child and Family Services Reviews provide information about promising
approaches to helping more children achieve permanency through adoption. In addition, each state’s Program
Improvement Plan provides an opportunity for states to address barriers to adoption by creating clear plans to
improve programs. Finally, states’ public child welfare agencies adapt existing policies to address the identified
barriers. How a state chooses to address adoption barriers is dependent upon which changes must be made
through statute and which can be made through administrative action alone.
Legislation Addresses Some Barriers to Foster Care Adoption
Legislation provides an avenue for addressing barriers to foster care adoption. There are many examples of
legislation that addresses barriers to adoption noted in the Child and Family Services Reviews (CFSRs). While it
is impossible to know whether a particular state bill was a direct response to a barrier in that state, clear examples
of ways in which legislation could address barriers emerge. Below we outline several barriers and ways in which
legislation introduced relates to these barriers.
Permanency Hearings—According to the CFSRs, 46 states noted barriers in holding permanency hearings, initiating
concurrent planning, or establishing or changing a child’s goal (to adoption). We found that 13 states reporting the barrier
in their CFSRs introduced legislation that addressed it. For example, Minnesota House Bill 2724 (2004) mandates that
once a child alleged to be in need of protection or services is under the court's jurisdiction, the court shall ensure that
reasonable efforts are made to prevent placement and to finalize a permanent plan for the child. Previously, the statute
stated that the court needed to prevent placement or finalize a permanent plan for the child.
Termination of Parental Rights—According to the CFSRs, 50 states reported barriers in either terminating parental rights
or conducting appeals. We found that 25 states reporting the barrier in their CFSRs introduced legislation that addressed
it. An example is Delaware House Bill 442 (2005) which makes an order terminating parental rights final six months after
the decision, or at the adoption of the child at issue, whichever comes first.
Recruiting Adoptive Homes—According to the CFSRs, 47 states reported barriers in recruiting adoptive homes. We found
that 11 of the states introduced legislation that addressed it. An example is New York Senate Bill 3687 (2003) that
provides that the permanent impairment or incapacitation of one spouse shall not prevent a husband and wife from
adopting together or a competent spouse from adopting as a single parent.
Approving Adoptive Families—As indicated in the 2004 report, 50 states reported barriers in the family approval process,
including criminal background checks. We found that 10 states reporting the barrier introduced legislation that addressed
it. An example is Alabama House Bill 602 (2005) that provides for expedited pre-licensure for foster or adoptive homes
(name-only criminal background check).
Legislation Does Not Always Address Barriers
The data also identified various pieces of legislation that do not address barriers to foster care adoption. In fact,
some pieces of legislation may further barriers rather than work to eliminate them. While 46 states reported
barriers to recruiting adoptive families in their CFSRs, 19 state legislatures have introduced bills that constrict the
potential pool of adoptive parents by limiting who can adopt. While the majority of bills relating to barriers tend to
address these barriers, it is important to note that legislative action does not always manifest itself this way.
5
KEY FINDING: POST-ADOPTION SUPPORTS
PROVIDED, NEEDS REMAIN
Post-Adoption Services are Beneficial to Families
Post-adoption services can provide beneficial supports to adoptive families. By providing critical support, these
services may prevent adoption displacements and, ultimately, could prevent dissolution. Post-adoption services
work to preserve adoptive families during crises, as family preservation services work with families to prevent the
child from being removed from the home. These services also strengthen and enhance the well-being of other
adoptive families. While limited in scope, new research on the outcomes for adopted children in families receiving
post-legal adoption services indicates that post-adoption services may have the greatest impact on the child’s
behavior, the parents’ understanding of the effect of adoption on the child, and effective communication. In
addition, data suggest that families that receive more and longer services may experience larger improvements in
these areas (Lenerz et al. 2006).
Families Need Services Beyond Those Addressed through Legislation
In comparing the services that adoptive families need to the post-adoption services that state legislation has
addressed, some gaps emerge. While there is strong evidence that states are providing more post-adoption
services and that families are using them, it appears that there is more work to be done in this area. Recent
literature on post-adoption services suggests that while post-adoption service provision has grown, adoptive
families have remaining needs, including respite care, information about services, summer and after-school
activities, and tutoring (Barth et al. 2001). State legislatures have primarily focused on two types of post-adoption
supports, insurance coverage and educational benefits. While these are clear needs for adopted children and
their families, as noted above, recent studies of post-adoption services point to other needs as well. For example,
a study of adoptive families in New York City found that these families most commonly received medical services,
special education programs, and information about after-school activities, but that they needed and were not
provided telephone hotlines, information about summer activities, and tutoring help (Festinger 2001). Similarly, a
study of post-adoption services in Nevada found that adoptive families’ most common unmet needs were respite
care, counseling, and in-home supports (Reilly and Platz 2004). In examining the body of literature on postadoption supports, there is an apparent gap between what post-adoption services families need and what they
often receive.
6
Child Welfare Agencies and Legislatures Address Post-Adoption Services
A review of post-adoption services indicates that child welfare agencies are actively working to ensure the
availability of post-adoption services to families. Data from the Association of Administrators of the Interstate
Compact on Adoption and Medical Assistance and the American Public Human Services Association indicate that
states most frequently provide support groups, information and referral services, respite care, education or
training for adoptive parents, and search/reunion services or adoption registries. Other services provided less
frequently include residential treatment for youth, counseling services, advocacy services, case management, and
resource libraries. State legislation introduced between 2002 and 2006 included bills in the following categories:
Education Benefits and Medical Insurance. Between 2002 and 2006, 25 states introduced bills relating to
post-adoption supports and services. In general, legislation regarding post-adoption services focuses on
two main areas: educational benefits for children adopted from foster care including tuition benefits at
post-secondary school institutions and medical insurance coverage for adopted children. There are a few
bills that attempt to provide a broader spectrum of post-adoption services, such as California Assembly
Bill 1808 (2005) and New York Assembly Bill 5200 (2005).
Adoption Subsidy Eligibility. Twenty-eight states have introduced legislation surrounding adoption
subsidies. In general, these bills relating to adoption subsidies or adoption assistance concern eligibility
for subsidies, allocate appropriations for post-adoption services, and bring the state into compliance with
federal regulations. A few bills have sought to narrow eligibility for adoption assistance payments, such as
Missouri SB 539 (2005), which used family income levels to narrowed eligibility for adoption subsidies for
children who are not Title IV-E eligible. However, several state legislatures have attempted to increase
financial support for adoptive families by increasing reimbursements for non-recurring expenses,
increasing subsidy rates, and extending payments beyond age 18 in certain circumstances.
Incentives and Benefits to Adoptive Families. Increasingly, state legislatures have attempted to both
recruit and support adoptive families by offering incentives or benefits. Between 2002 and 2006, 31 states
introduced legislation relating to tax credits or other benefits for adoptive families, like family leave. More
specifically, 17 states introduced legislation relating to tax credits for special needs adoption. For the most
part, these bills provide state tax credits for adopting, while a few offer tax benefits to companies that
provide adoption benefits to employees. In addition, 19 states introduced legislation that provides some
type of maternity or family leave benefits for adoptive parents. In the cases of both tax credits and family
and medical leave, there is also federal legislation that affords these benefits to individuals. While the
federal government has taken the lead on these incentives and benefits for adoptive families, state
legislatures are actively working to fortify these supports for adoptive families.
7
CASE STUDIES OF FEATURED LEGISLATION
Case Studies Shed Light on Legislative Process
While this report has focused more broadly on the quantity and types of bills relating to foster care adoption that
have been introduced in the state legislatures, these case studies offer an opportunity to understand why certain
bills are introduced, the purpose that they are intended to serve, and the potentially useful components of these
bills that might be replicable in other states. In featuring these bills, we hope to tell the story of how eight different
legislative efforts in different states and parts of the United States progressed. This might enable other states and
policymakers to consider these bills and look for ways to learn lessons where applicable.
CA AB 2481 (2005)
Creates a foster and
adoptive parent
recruitment and
retention program
CO HB 1312 (2002)
Gives docket priority to any
hearing concerning a
petition for adoption
NY SB 658 (2005)
Creates a post-adoption
information and referral
services program
RI HB 7400 (2004)
Defines the
necessary
components of a
home study
CA AB 2161 (2005)
Pilots a singleresource family
approval process to
replace the existing
multiple processes
for licensing foster
care providers and
adoptive parents
CA SB 1712 (2005)
Provides funding for Adoption
Assistance Program payments
and post-adoption services to
ensure the successful adoption
of hard-to-place foster children
AR HB 2790 (2005)
Allows a family that has
previously adopted a
child from foster care to
use a streamlined
process to adopt a
second child from care
LA HB 137 (2002)
Provides for a credit for
certain adoption expenses
for certain children, equal
to 5 percent of the federal
adoption tax credit
Process for Selecting Featured Legislation and Developing Case Studies
In selecting bills to feature, the research team employed a set of criteria: the bill addressed a barrier to adoption,
the bill was representative of many other bills introduced, or the bill was pertinent to a specific stage of the
adoption process. After compiling a list of potential bills, the National Adoption Day Coalition selected the specific
bills presented here for further study. In conducting these case studies, researchers aimed to speak with
legislative staff, adoption program managers, and other important stakeholders in each of these states. It was not
possible to speak with a representative of each of these groups for every state. In addition to the interviews,
researchers also conducted document reviews of hearings, testimony, press releases, and other related
documents to understand the policy process behind each bill. The following pages present summaries of our case
studies by each stage of the adoption process.
8
CASE STUDIES: FINDING AND APPROVING
ADOPTIVE FAMILIES
Broad Coalitions Addressing Needed Reforms—California AB 2481 (2005)
California Assembly Bill 2481 is the product of collaboration among many foster care and adoption stakeholders
throughout the state. Assembly member Noreen Evans, then chairwoman of the Assembly’s Human Services
Committee authored AB 2481, with the County Welfare Directors Association of California (CWDA) and Children’s
Advocacy Initiative as cosponsors. In preparing for the 2005 legislative session, a diverse group of stakeholders
including advocates, legislative staff, and statewide organizations came together to identify potential
improvements to the foster care system. Out of these discussions came several legislative initiatives, including AB
2481, which addresses a need for more foster parents and foster care payments that are sufficient to cover the
costs of caring for a foster child. Additionally, the bill included a provision to create and fund a recruitment and
retention program for foster and adoptive parents and relative caregivers. AB 2481 received extensive support
during the drafting stage and after it was introduced, from organizations such as the National Center for Youth
Law, the National Association of Social Workers (California chapter), the California State Association of Counties,
children’s attorneys, foster parent associations, and many others. However, AB 2481 died in the Assembly’s
Appropriations Committee because of its high price tag of over $90 million in total grant impact through 2007-08.
This collaborative effort was successful at getting other foster care bills signed into law during 2005, and there are
plans to reintroduce AB 2481 in the next legislation session.
Statewide Organizations Offer Voice for Reform – California AB 2161 (2005)
California’s Assembly Bill 2161 (2005) introduced by Assembly Member Loni Hancock and sponsored by the
California Welfare Directors’ Association was created in response to concerns over the duplicative nature of the
family approval process. In California, the approval processes for foster caregivers, kinship caregivers, and
adoptive parents were different. AB 2161 aimed to create a uniform procedure for all types of caregivers, as well
as adding new assessment tools to the home study process such as the permanent assessment done as part of
the initial screening process to assist families that may want to adopt a foster child. While CWDA took the lead in
drafting this bill, the CA Department of Social Services and legislative offices were active partners in refining the
bill. There were financial costs associated with the bill of over $1 million, with required federal and county shares
of these costs. With unanimous support, the AB 2161 passed the California Assembly, but was held at the
request of the Governor due to fiscal concerns. The bill vehicle was then given to a different author and was
amended and completely re-written in August 2006. Stakeholders hope to reintroduce the bill during the next
legislative session, possibly as part of a larger package of foster care and adoption reforms.
Collaboration to Address a State’s Needs—Rhode Island HB 7400 (2004)
Rhode Island House Bill 7400, introduced in January 2004, marked the culmination of extensive work by a task
force created to discuss adoption in Rhode Island. The task force brought together many different stakeholders,
including public and private adoption agencies, adoptive families, the Urban League, Adoption Rhode Island,
Casey Family Services, the Child Advocate’s Office, family court representatives, and legislative staff. With HB
7400, the task force aimed to address the inconsistency of adoptive family home studies across the state. The
goal was to standardize all home studies in Rhode Island, ensuring inclusion of the same types of information and
defining the types of information to be included. Though there was some early opposition to wording in the bill, the
bipartisan task force worked hard to develop the final language of the legislation. Including all of the stakeholders
in developing and drafting the bill ensured that these individuals and organizations did not oppose the bill.
Building on this overwhelming support, HB 7400 was passed and went into effect in July 2004.
9
CASE STUDIES: EXPEDITING THE ADOPTION
PROCESS
Responding to Constituent Concerns—Arkansas HB 2790 (2005)
Arkansas House Bill 2790, the Streamline Adoption Act, introduced by Representative Douglas Matayo, arose
directly from constituent concerns about the length of the adoption process. Specifically, constituents who had
previously adopted a child from the public child welfare system were frustrated when faced with having to repeat
the process to adopt another child. In creating the Streamline Adoption Act, Rep. Matayo focused on the
philosophical premise that children do better in a home with a family than in the state’s care and that expediting
the process for families that had already adopted would put children into adoptive homes more quickly. While
Rep. Matayo introduced the bill on his own, the bill quickly gained support from the Arkansas Department of
Human Services (DHS) and local adoption advocates. DHS’s support of this bill expanded to include testimony in
favor of the bill and DHS’s attorneys assisting in refining the bill. Arkansas HB 2790, introduced on March 7, 2005,
moved quickly and unopposed through both chambers of the Arkansas legislature and was signed into law on
April 5, 2005.
Using Research to Guide Legislative Efforts—Colorado HB 1312 (2002)
Colorado House Bill 1312, introduced in 2002, resulted from Project UPLIFT (Understanding Permanent Lessons
in Future Teamwork), a multiyear effort funded through the Federal Adoption Opportunities Grant program.
Started in 1999, Project UPLIFT began as a planning grant to determine the barriers to adoption from both the
child welfare agency and judicial perspectives. This planning grant was followed by a three-year implementation
effort to address some of the identified barriers and to improve inter-jurisdictional placements. HB 1312 came out
of this work with Project UPLIFT, which determined that continuances and other court delays were slowing down
the adoption process for some children. By giving docket priority to any hearings related to an adoption petition,
HB 1312 ensured that other types of cases, like dependency and neglect cases, would not delay adoption
hearings. The bill received unanimous support within the legislature and had many representatives join the bill as
cosponsors, behind prime sponsors Representative Mark Paschall and Senator Doug Linkhart. In June 2002, HB
1312 was signed into law and since that time has had the intended effect of speeding up the adoption process by
giving these cases priority on judicial dockets.
10
CASE STUDIES: SUPPORTING ADOPTIVE
FAMILIES
Following Promising Practices in Other States – California SB 1712 (2005)
California’s Senate Bill 1712, introduced by Senator Carole Migden, is modeled after a program in New York that
offered financial incentives to families who adopt older children. Senator Migden’s staff drafted a bill to create a
similar pilot program in California. SB 1712 was part of a larger package of bills introduced in the 2006 Session by
the Select Committee on Foster Care, which was formed in 2005. The bill went through several Senate hearings
and the House Judiciary and Human Services Committees. There was no formal opposition to the bill and
numerous organizations supported the bill, including the California Welfare Directors’ Association, Group Home
Association, Association of Adoption Agencies, the Youth Coalition, the National Association of Social Workers,
and youth advocates. SB 1712 was funded in the Budget Act of 2006 and its substance was enacted in the
accompanying budget trailer bill, AB 1808. The content of AB 1808 was heavily debated amongst the Governor’s
administration, the Department of Social Services, government fiscal advisors, the non-partisan legislative
analysts’ office, California’s 58 counties, advocates, and various subcommittees. As was the case with SB 1712,
there was no formal opposition to AB 1808 and AB 1808 was signed into law on July 12, 2006.
Offering Statewide Support to Adoptive Families—New York SB 652 (2005)
New York Senate Bill 658, introduced during the 2005 legislative session, marked an attempt to help New York
State’s adoptive families. Originally conceived of by Senator Mary Lou Rath in 2004, SB 658 was eventually
passed on to Senator Carl Marcellino in 2005. The bill creates a statewide post-adoption information and referral
services program, which could include such services as web sites, lending libraries, databases on existing
programs, 24-hour telephone lines, resource guides, videos, and other informational services. Senator Rath
drafted this bill in consultation with the State Office for Children and Families and in response to statewide
advocacy groups’ position regarding the need for supports for adoptive families, an issue that groups like the New
York State Citizens Coalition for Children had been promoting for some time. To date, the New York State
Legislature has not passed SB 658. It has twice been referred to the Senate Committee on Social Services,
Children, and Families, most recently in January 2006.
Building on Federal Benefits for Adoptive Families—Louisiana HB 137 (2002)
Louisiana House Bill 137, introduced in April 2002, was part of a package of three bills introduced by
Representative Diane Winston, each of which related to tax benefits for adoptive parents. More specifically, HB
137 offers a state income tax credit of 5 percent of the federal credit for adoption expenses and requires that the
adopted child must have been in the custody of the state for at least 18 months. Like some of the other bills
discussed, HB 137 arose out of constituent concerns, but unlike the other bills, HB 137 dealt with the tax code,
not the Louisiana Children’s Code. If a bill does not affect the Louisiana Children’s Code, the Department of
Social Services is not necessarily engaged in the legislative process by commenting on the bill’s fiscal and
programmatic impact. HB 137, along with its partner bills, did not get very far through the legislative process.
Each of these bills was referred immediately to, and remains in, the Louisiana House Committee on Ways and
Means. Given that more than four years have passed since HB 137 was referred to the House Ways and Means
Committee, it is unlikely that the bill will be passed.
11
LESSONS LEARNED FROM CASE STUDIES
Many Paths to Foster Care Adoption Legislation
Our eight case studies reveal that there are many paths to introducing adoption legislation, including (1) a
legislator introduces something on his or her own, usually at the urging of a constituent; (2) the public social
services agency asks the legislature for action; (3) an advocacy group or groups lobby a legislator to introduce
something; and (4) a more collaborative effort is undertaken among the public agency, advocacy groups,
legislators, and others to achieve specific outcomes. Utilizing broad coalitions involving any stakeholders (public
child welfare agency, advocacy organizations, private adoption agencies, courts, attorneys, etc.) appears to be
effective at drafting legislation that could clearly address barriers and has a greater likelihood of legislative
success.
Public Child Welfare Agency as Partner in Legislation
The child welfare agency is involved in the legislative process by preparing analyses of costs of the proposed
bills, being asked to testify, and providing other assessments of proposed bills. In some respondents’ views,
legislators’ coming to the child welfare agency before introducing a bill enables the agency to identify pitfalls in the
bill, discuss feasibility, and work with the fiscal impact when possible. In almost all of our interviews with state
adoption program managers, respondents expressed they prefer to be active and engaged partners in the
legislative process.
Content of Legislation Offers Examples for States Facing Similar Barriers
The featured bills offer variety of examples of the ways state legislators approach adoption barriers. For example,
many states report judicial delays throughout the adoption process. Colorado’s initiative to give these hearings
priority offers one example of a way to make sure that key decisions are not delayed due to high numbers of
dependency hearings. Similarly, many states report barriers in approving families and note lengthy, cumbersome,
and inconsistent approval processes. Three states (Arkansas, Rhode Island, and California) offer different
approaches to streamlining and simplifying the process for foster, kinship, and adoptive families. Similarly, three
states (New York, California, and Louisiana) explored legislation to increase financial and other supports for
adoptive families, particularly for those families that adopt children with the greatest needs.
Legislative Change Not Always an Ideal Route for Reform
As discussed earlier in the report, there are numerous ways to address barriers to foster care adoption, such as
administrative policy change. It is important to note that legislative change is not the only remedy and is not
necessarily the ideal remedy. Respondents had mixed views on the role of legislation as a tool for enacting
reform. As one respondent noted, a bill may start out as one thing, but may end up passed as a completely
different bill due to amendments and other changes throughout the legislative process. But if a reform cannot be
achieved through administrative action, whether because the executive branch lacks authority or resources or
does not support the policy, legislation often becomes the only or the preferred vehicle for reform. While there
may be risks involved in introducing legislation, such as a bill being completely transformed through the legislative
process, it appears that many organizations and individuals are willing to take these risks when there is potential
to enact needed change in the area of foster care adoption.
12
EMERGING TRENDS IN LEGISLATION
States Are a Key Arena for Foster Care Adoption Legislation
While passage of the Adoption and Safe Families Act in 1997 established new federal guidelines on permanency
and focused attention on adoption of children in foster care, state legislative actions between 2002 and 2006
indicate considerable state ownership of the issue. While some of the state legislatures’ actions are in response to
or follow federal initiatives, the vast majority of bills introduced by the states can be seen as efforts to support and
strengthen efforts in this issue area.
Legislation Focuses on Getting Children Adopted
The majority of bills introduced focus on the process for, and expediency of, getting foster children adopted. Given
the financial incentives set in place by the Adoption and Safe Families Act (ASFA) of 1997 and its focus on timely
permanency, this may not be surprising. States receive a financial “incentive” payment between $4,000 and
$6,000 for each additional child adopted in the state during the fiscal year that exceeds the base number of foster
child adoptions for the state for the fiscal year. In addition to the financial incentives built into ASFA, the legislation
also aims to place children in a timely manner and take the steps necessary to finalize permanency plans. Given
that states must operate within the confines of ASFA, state legislatures must likewise work to move children to
adoption.
More Legislative Actions Directed at Specific Stages of Adoption Process
In reviewing the nearly 1,000 bills related to foster care adoption between 2002 and 2006, certain topics were the
focus of more legislative action. For example, we found many bills related to TPR and adoption petitions. These
are topics that are likely to require statutory change, rather than just changes in the policies or practices of state
agencies. Similarly, in most states, program or policy changes that have a large fiscal impact may be more likely
to require legislative action. While we see more legislative activity in some areas and less in others, an important
question emerges. When is it appropriate or advantageous for states to use legislation as a means for adoption
reform? While some issues require legislative action, such as termination of parental rights, for other issues the
question of the appropriateness and effectiveness of legislative reforms is less clear. Future research could
identify issues that are best reformed through legislation. Yet, in spite of this, we do find legislative action in all
stages of the process. See table 1.
Funding is Critical in Foster Care Adoption Legislation
Findings suggest that legislators are interested in adoption, but that this interest is dependent on financing. It
appears more difficult to introduce and pass adoption legislation in areas with high state fiscal impact, such as
increased subsidy payments, in comparison to areas where the fiscal impact may be lower, such as TPR and
adoptive family approval. It appears that budget constraints within the states, which were particularly tight
between 2002 and 2006, may have prevented state legislatures from passing legislation supported theoretically,
but not fiscally.
13
RECOMMENDATIONS
While this research shows that there is a lot of legislative interest in foster care adoption issues, there is still work
to be done to reduce barriers to adoption. In response to this research, the National Adoption Day Coalition
recommends the following to help states address remaining challenges in moving children from foster care to
adoption.
Turn Legislative Interest into Action to Tackle Adoption Barriers
Legislators are clearly interested in the area of foster care adoption. However, this report raises questions as to
whether certain barriers to adoption are being adequately addressed. It is important that this interest be turned
into legislation that helps move children from foster care into adoptive homes. Given that some passed legislation
may exacerbate barriers to adoption, advocates need to do a better job of articulating the potential unintended
consequences of well-meaning legislation. At the same time, more research needs to be done to determine what
barriers are best addressed by legislation.
Educate Policymakers about the Costs of Not Getting Children Adopted
Legislative interest in the area of adoption is often hindered by budget constraints. Bills that provide needed
supports for adoptive families or for recruitment campaigns may not be successful because of the associated
costs. There are, however, notable costs to keeping children in the foster care system and for not supporting them
once they have been adopted. Investments into getting children out of the foster care system may be met with
returns that are equal to or larger than the costs. It is critical to educate policymakers about the costs of not
getting children adopted, as well as the potential benefits and cost savings in moving children to safe and
permanent homes.
Use Legislation to Strengthen All Avenues of Reform – Including Policy Changes
There are many ways to address barriers to foster care adoption, including policy changes within child welfare
agencies. However, even if policies are implemented to address barriers, legislators could collaborate with
adoption advocates to ensure that laws strengthen these policies and make sure that they receive adequate
levels of funding.
Focus on Needed Post-Adoption Supports
Legislators should carefully consider the potential unintended consequences of any cuts to the adoption
assistance program, as many states are currently considering. States should take another look at the postadoption supports they provide. Despite improvements in recent years, adoptive parents still report wanting
greater support in certain areas.
Review Adoption-Related Court Statutes
Given that courts play a critical role in the adoption process, legislators should examine their state’s statutes
governing the permanency process. Once the review is complete, legislators should consult with judges,
attorneys, court administrators, and child welfare agency staff to identify opportunities for improving and
streamlining the state’s statutes and permanency process.
States Need to Continue to Examine Adoption Issues
It is critical that states continue to examine potential barriers to getting children adopted from foster care. While
legislation may not be the best route for reform in all cases, states must examine barriers to determine what
remedies might be most effective, including legislation. The second round of the Child and Family Services
Reviews (CFSRs) provides an additional opportunity for state’s to examine their adoption programs. If the second
review reveals persisting barriers to adoption, this report provides an opportunity to learn about existing legislative
actions in other states that could help address remaining barriers.
14
ADDITIONAL RESOURCES AND INFORMATION
References
Barth, R., D. Gibbs, and K. Siebenaler. 2001. Assessing the Field of Post-Adoption Service: Family Needs,
Program Models, and Evaluation Issues. Literature Review. Submitted to the U.S. Department of Health and
Human Services’ Office of the Assistant Secretary for Planning and Evaluation. Washington, DC: U.S.
Department of Health and Human Services..
Festinger, T. 2001. After Adoption: A Study of Placement Stability and Parents’ Service Needs. Research Report.
New York: New York University. July.
Lenerz, K., D. Gibbs, and R. Barth. 2006. “Postadoption Services: A Study of Program Participants, Services, and
Outcomes.” In The Postadoption Experience: Adoptive Families’ Needs and Service Outcomes, edited by M.
Dore. Washington, DC: Child Welfare League of America.
Macomber, J., C. A. Scarcella, E. Zielewski, and R. Geen. 2004. Foster Care Adoption in the United States: A
State-by-State Analysis of Barriers and Promising Approaches. Commissioned by the National Adoption Day
Coalition. Washington, DC: The Urban Institute. November.
Reilly, T., and L. Platz. 2004. “Post-Adoption Service Needs of Families with Special Needs Children: Use,
Helpfulness, and Unmet Needs.” Journal of Social Service Research 30(4): 31–67.
U.S. Department of Health and Human Services, Administration for Children and Families, Administration on
Children, Youth and Families, Children's Bureau. 2006. “Preliminary Estimates for FY 2005 as of September 2006
(13).” Washington, DC: U.S. Department of Health and Human Services. http://www.acf.hhs.gov/programs/cb.
Previous National Adoption Day Research
National Adoption Day 2005
http://www.urban.org/url.cfm?ID=411254
National Adoption Day 2004
http://www.urban.org/url.cfm?ID=411108
Child Welfare Information
Child Welfare Information Gateway—U.S. Department of Health and Human Services
http://www.childwelfare.gov/
Post-Adoption Services and Supports
North American Council on Adoptable Children
http://www.nacac.org
Legislative Resources
National Conference of State Legislatures
http://www.ncsl.org
Other Research Organizations
The Urban Institute
http://www.urban.org
Child Trends
http://www.childtrends.org
15
GUIDE TO THE STATE-BY-STATE PROFILES
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed:
Legislative Sessions:
Bills organized by the stage of the
adoption process they relate to.
Some bills relate to more than one
stage of the process and may be
included under multiple stages.
Gives the number of bills related to foster care adoption that
the state passed between 2002 and 2006 and whether the
state’s legislature meets annually, biennially, or with limited
annual sessions
Includes all bills related
to foster care adoption
passed by the state
legislature between 2002
and June 2006.
Also includes selected
legislation that has been
introduced but not passed.
Bills that are not bolded or italicized have been introduced, but not yet passed by the state
legislatures. See example below:
HB ### (Year)—Brief description of the bill.
PostAdoption
Adoption
Proceedings
and
Preparation
Adoptive
Home
Recruitment
and Approval
Termination of
Parental Rights
(TPR)
Bills denoted in BOLD and ITALICS have been passed by the state legislature and include
chapter numbers. See example below:
HB ### (Year)—Chapter No. ###—Brief description of the bill.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
16
ADOPTION INDICATORS:
2002
2002
2004
Nation
2004
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-elative
Relative
Stepparent
For each item described at left,
we present data from fiscal
years 2002 through 2004 and
also include national estimates
for FY 2004 as a comparison.
These data are taken from the
federal Adoption and Foster
Care Analysis and Reporting
System.
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
Each state defines special needs by considering the specific factors or
conditions that determine a child cannot be placed with adoptive parents
without providing financial assistance in the form of adoption assistance
or a subsidy. States use these criteria to determine whether a child and
his or her adoptive family is eligible to receive adoption subsidies.
BASIC SUBSIDY RATES, FY 2005
Basic subsidy rate information comes from the Child Welfare League of
America’s (CWLA) National Data System (NDAS) and is broken down
into three age groups: age 2, 9, and16. For each of these age groups,
these data show the maximum basic monthly adoption assistance
maintenance payment to an adoptive family. Accessed at
http://www.cwla.org.
REIMBURSEMENT FOR
NONRECURRING EXPENSES, FY 2005
States provide reimbursement for some nonrecurring adoption expenses,
defined as the reasonable and necessary adoption fees, court costs,
attorney fees, and other expenses, which are directly related to the legal
adoption of a child with special needs, which are not incurred in violation
of state or federal law, and which have not been reimbursed from other
sources or funds. Also taken from the CWLA’s NDAS – see above.
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
Taken from the U.S. House Ways and Means Committee 2004 Green
Book, these data show how much the federal government spent in
adoption assistance expenditures under Title IV-E for assistance
payments, administration, training, and expenditures under waiver
demonstrations. Accessed at http://www.gpoaccess.gov.
POST-ADOPTION SERVICES PROVIDED
Data taken from the Child Welfare Information Gateway, as provided by
the Association of Administrators of the Interstate Compact on Adoption
and Medical Assistance and the American Public Human Services
Association. Each state has a list of services that the state notes may be
available to adoptive families. It does not mean that every adoptive
family receives every listed service. Accessed at www.childwelfare.gov.
FOR MORE INFORMATION
For each state, there is a link to the North American Council on
Adoptable Children’s state profile, which provides extensive information
on post-adoption services and adoption subsidies in each state.
17
APPENDIX A: GLOSSARY
All terms contained in the glossary come from the Child Welfare Information Gateway at
http://www.childwelfare.gov.
Adjudicatory Hearings—held by the juvenile and family court to determine whether a child has been maltreated
or whether another legal basis exists for the state to intervene to protect the child.
Adoption—meeting the developmental needs of a child by legally transferring ongoing parental responsibilities
for that child from birth parents to adoptive parents, recognizing that a new kinship network is created by the
process that forever links the two families together through the child who is shared by both.
Adoptive Parents—adults who legally become parents of a child who was not born to them.
Adoption and Safe Families Act (ASFA)—signed into law in November 1997 and designed to improve the
safety of children, to promote adoption and other permanent homes for children who need them, and to support
families. The law requires child protective services (CPS) agencies to provide more timely and focused
assessment and intervention services to the children and families that are served within the CPS system.
Birth Parents—parents who conceive and give birth to a child, whatever their future relationship may be to that
child.
Case Plan—the casework document that outlines the outcomes, goals, and tasks necessary to achieve in order
to reduce the risk of maltreatment.
Concurrent Planning—identifies alternative forms of permanency by addressing both reunification or legal
permanency with a new parent or caregiver, if reunification efforts fail.
Consent—refers to the agreement by a parent, or a person or agency acting in place of a parent, to relinquish the
child for adoption and to release all rights and duties with respect to that child.
Foster Care—taking care of children and meeting their developmental needs outside of their own families on a
short-term basis and without legally transferring full parenting responsibilities.
Foster Parents—those who assume, usually for a limited period of time, the day-to-day care of a child not born to
them and for whom they do not have full legal parental rights.
Guardian ad Litem—a lawyer or lay person who represents a child in juvenile or family court. Usually this person
considers the "best interest" of the child and may perform a variety of roles, including those of independent
investigator, advocate, advisor, and guardian for the child. A lay person who serves in this role is sometimes
known as a court-appointed special advocate, or CASA.
Juvenile and Family Courts—established in most states to resolve conflict and to otherwise intervene in the
lives of families in a manner that promotes the best interest of children. These courts specialize in areas such as
child maltreatment, domestic violence, juvenile delinquency, divorce, child custody, and child support.
Kinship Care—formal child placement by the juvenile court and child welfare agency in the home of a child's
relative.
Medically Fragile Children—children born vulnerable as a result of genetic or congenital difficulties or poor
prenatal care, or who develop illnesses that necessitate special medical observation or care to assure their
continued well-being.
18
Open Adoption—an adoption in which there is a planned opportunity for contact between the birth family and the
adoptive family. The contact may range along a continuum, from an exchange of written information at the time of
placement to regular, ongoing, face-to-face contact between the two families throughout the child's lifetime.
Out-of-Home Care—child care, foster care, or residential care provided by persons, organizations, and
institutions, to children who are placed outside their families, usually under the jurisdiction of juvenile or family
court.
Petition—a document filed with the court that is used to initiate a civil child protective proceeding. The petition
contains the essential allegations of abuse or neglect that make up the petitioner's complaint about a particular
child's situation. It does not include all of the detailed facts available to the petitioner to support these allegations.
Putative Father Registry—registries that provide information on putative or “presumed” fathers, which includes
information on their whereabouts, a registration date, and information about the child.
Reasonable Efforts—as required by state law, the state welfare agency must make reasonable efforts to keep
the family together, or if the child has already been removed, to reunify the family. Before a state may receive
federal financial support for the costs resulting from a child's removal from home in out-of-home care, a judge
must determine that reasonable efforts have been made to keep the family together. Similarly, placement may not
be continued with federal support without a finding by the judge that such efforts have been made to reunite the
family.
Review Hearings—held by the juvenile and family court to review dispositions (usually every six months) and to
determine the need to maintain placement in out-of-home care or court jurisdiction of a child.
Special Needs Children—those children, who because of genetic, prenatal, birth, or developmental difficulties;
age; membership in a sibling group that must stay together; or other limiting circumstances, present an additional
challenge to prospective substitute parents.
Termination of Parental Rights—a legal proceeding to free a child from a parent's legal custody so that others
can adopt the child. The legal basis for termination of rights differs from state to state, but most consider the
failure of the parent to support or communicate with the child for a specified period of time, parental failure to
improve home conditions, extreme or repeated neglect or abuse, parental incapacity to care for the child, or
extreme deterioration of the parent-child relationship as grounds for termination of parental rights.
19
APPENDIX B: METHODOLOGY
Review of Legislation Related to Foster Care Adoption
To identify all pieces of legislation relating to foster care adoption introduced in the 50 state legislatures and the
District of Columbia, researchers used a strict search methodology. Data for this portion of the product came from
three sources: the StateNet database, the NetScan database, and state legislative web sites. Researchers
reviewed data from all “adoption” queries on StateNet and NetScan. Bills not relating to foster care adoption or
outside of the scope of the study were not entered into the database. For example, the researchers did not
include any bills relating to the following topics: international adoption, private domestic adoption, access to birth
records, birth certificates, abortion or pregnancy, and estates. Upon entering relevant bills into a database,
researchers coded the bills by topic and part of the adoption process. After entering all relevant data, researchers
employed multiple search terms to identify additional bills on state legislative web sites.
Case Studies of Selected Legislation
Using data from the review of all legislation relating to foster care adoption, researchers selected bills for the
Coalition to focus on in the case studies. As discussed earlier, the research team employed a set of criteria in
selecting these bills, including (1) the bill addressed a barrier to adoption, (2) the bill was representative of many
other bills introduced, or (3) the bill was pertinent to a specific stage of the adoption process. After compiling a list
of potential bills, the Coalition selected the specific bills presented here for further study and to use as featured
legislation. Researchers conducted telephone interviews with relevant legislative staff, state adoption program
managers, and when appropriate, adoption advocates regarding each featured bill. Researchers also reviewed
relevant documents, like fiscal notes and legislative analyses of the bills when available.
Review of Post-Adoption Services Literature
Researchers identified and gathered numerous studies of post-adoption service provision. After reviewing this
research, the research team identified areas where the literature suggests gaps in post-adoption service
provision. In addition to the literature review, the research team used data from the Association of Administrators
of the Interstate Compact on Adoption and Medical Assistance and the American Public Human Services
Association to determine which types of post-adoption services states provide.
State-by-State Profiles
Using data gathered in the legislative review, researchers created each state’s selected legislation table, which
included all bills passed by the state legislature and selected bills introduced by the legislature. To provide context
for the legislation, each state profile also contains several indicators related to adoption, such as foster caseload
numbers, number of children waiting to be adopted (defined as children whose parents’ parental rights have been
terminated or have a goal of adoption), and the number of children adopted and by whom. Data are included for
2001 through 2003, with national estimates for 2003 included for comparison. These indicators were obtained
from the Adoption and Foster Care Analysis and Reporting System, which provides a compilation of state reports
on the numbers and characteristics of children waiting to be adopted and those who have been adopted. It is
important to note that states may have more current data than what is available in the federal AFCARS. Finally,
each state profile also includes an overview of post-adoption services and supports in the state. These data were
obtained from various sources including the Child Welfare League of America’s National Data Analysis System,
the North American Council on Adoptable Children, the House Ways and Means Committee’s 2004 Green Book,
and data from the Child Welfare Information Gateway, as provided by the Association of Administrators of the
Interstate Compact on Adoption and Medical Assistance and the American Public Human Services Association.
20
APPENDIX C: STATE-BY-STATE PROFILES
ALABAMA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 0
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive
Home
Recruitment
and Approval
Adoption
Proceedings
and
Preparation
HB 349 and SB 299 (2002) – Provides for definitions, implied consent and withdrawal of implied
consent, service and notice of adoption proceedings, the procedure for determining custody of
adoptees when proceedings are pending in other jurisdictions, and that the best interest of the
adoptee is the determinative factor in contested adoption proceedings.
PostAdoption
HB 602 (2005) - Provides for expedited pre-licensure for foster or adoptive homes with a name-only
criminal background check.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 72 (2005) – Provides a tax credit for the adoption of a special needs child.
21
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
5,883
948
1,525
9
249
12%
30%
57%
7.0
6,079
927
1,608
9.0
329
15%
36%
54%
7.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,602
-398
-31%
66%
7.3
44%
0%
56%
50%
48%
2%
59%
16%
24%
45%
55%
1%
0%
<1%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
POST-ADOPTION SERVICES PROVIDED
FOR FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Eight years of age or older
African American and two years of age or older
Member of a sibling group of three or more children placed at the
same time with the same family
Documented mental or physical disability
Documented emotional disturbance/problem
Documented high risk of developing a mental or physical disability
Age 2
Age 9
Age 16
$410
$434
$446
$1,000
$6,361,277
Post-adoption services are administered by the Department of Human
Resources through contracts with outside agencies. The Alabama PostAdoption Connections (APAC) program provides services through five
offices located throughout the state. Post-adoption services include the
following:
Information and referral
Educational trainings
Special events
Adoptive family support groups
Adoptive family/adjustment/crisis counseling
Resource library
Scholarships/camperships
http://www.nacac.org/stateprofiles/alabama.html
22
ALASKA
ADOPTION RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
HB 408 and SB 26 (2005) – Chapter No. 20 – Amends the standard of evidence needed to
determine the appropriateness of a placement when a child is removed from the home, which
includes with an adult family member.
HB 386 (2002) – Requires the minor's parent or guardian to provide the department with the names
and locations of relatives who may be willing to care for the child when the child is committed to the
Department.
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
HB 17 (2004) – Prohibits the child welfare agency from approving an adoption by a person or family
who is not related to the child by blood if a relative of the child requests that the department approve
the relative for the adoption and it is in the child's best interest and prohibits the department from
approving a relative home in a number of different circumstances.
HB 386 (2002) – States a preference for adoption by a foster parent under certain circumstances.
Adoption
Proceedings and
Preparation
HB 408 and SB 26 (2005) – Chapter No. 20 – Revises conditions surrounding the disclosure
of confidential or privileged information about certain children by the commissioner of health
and social services or the commissioner's designee or the commissioner of administration
or the commissioner's designee.
HB 386 (2002) – Requires courts to expedite consideration of petition for adoption of children in
need of aid.
PostAdoption
HB 53 (2005) – Chapter No. 64 – Gives priority to an adult family member when assigning
guardianship and requires that the Department must show reasonable efforts to finalize the
permanent plan for the child during the permanency hearing.
HB 408 and SB 26 (2005) – Chapter No. 20 – Amends the standard of proof required to
terminate parental rights in child-in-need-of-aid proceeding.
HB 114 (2005) – Enables parents to retain certain privileges in a relinquishment and termination of
parental rights proceeding.
HB 166 and SB 123 (2003) – Chapter No. 31 – Eliminates annual review of the subsidy paid by
the State after adoption of a hard-to-place child has occurred or a court has appointed a legal
guardian for a hard- to- place child.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 408 and SB 26 (2005) – Chapter No. 20 – Addresses permanent fund dividends paid to
foster and adopted children and discusses conditions for paying dividends to youth.
23
ADOPTION INDICATORS:
2002
2003
2004
Nation
2004
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
2,072
360
621
7.8
230
-67%
2,040
374
639
8.5
208
-69%
517,000
65,000
118,000
8.8
52,000
-52%
--663
-182
-61%
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
99%
6.6
97%
7.1
89%
6.9
92%
7.4
63%
0%
37%
0%
57%
2%
41%
0%
59%
16%
24%
<1%
56%
0%
44%
0%
Relative
Step-parent
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
A child with special needs is defined as a child that has at least one of the
following needs or circumstances that may be a barrier to placement or
adoption without financial assistance:
Eight years of age or older
Racial or ethnic factors (any child of color)
Member of a sibling group of two or more children
Physical or mental disability
Emotional disturbance
Recognized high risk of physical or mental disease
Any combination of the above factors or conditions
Age 2
Age 9
Age 16
$572 to 820
$572 to 820
$572 to 820
$2,000
$6,974,511
Post-adoption services are administered by Department of Health and
Social Services’ Office of Children’s Services and provided by contract
through private agencies or independently through private and parent
organizations. In addition, the Alaska Adoption Support Center is
available to provide post-adoption and adoption preservation services.
Post-adoption services include the following:
Information and referral
Counseling services
Case management
Support groups
Crisis intervention services
Respite
http://www.nacac.org/stateprofiles/alaska.html
24
ARIZONA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 7
Legislative Sessions: Annual
SB 1119 (2006) – Chapter No. 247 – Requires that children be placed in the least restrictive
setting; requires court to explain why placing a child with a family member or someone who
knows the child is not in the child’s best interest; and requires efforts to place the child with
a grandparent, extended family member, or someone else who was a relationship with the
child.
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
HB 2091 (2005) – Chapter No. 124 – Requires that a prospective parent must be certified as
acceptable to adopt children before petitioning to adopt; provides for an investigation by an
officer of the court; and provides that the applicant must already have a valid fingerprint
clearance card.
HB 2030 (2005) – Requires verification that a prospective adoptive parent is a citizen or legal
resident of the United Sates.
HB 2680 (2004) – Chapter No. 169 – Requires any prospective adoptive parent to be certified
by the court as acceptable; exempts great-grandparents and birth parent or legal parent with
custody of the child.
Adoption Proceedings
and Preparation
SB 1415 (2006) – Chapter No. 58 – Provides that a potential father who fails to file a paternity
action and does not comply with service requirements waives his right to be notified of any
judicial hearing regarding the child's adoption or the termination of parental rights and that
his consent to adoption is not required.
SB 1090 (2003) – Chapter No. 181 – Prohibits the granting of an adoption by the court unless
consent to adopt has been obtained and filed from specified authorities and provides for the
confidentiality of information relating to adoptions.
HB 2329 (2002) – Chapter No. 309 – Eliminates adoption fees to court clerk in adoption
proceedings.
Post-Adoption
SB 119 (2006) – Chapter No. 247 – Describes what must be contained in a petition for
termination of parental rights.
HB 2559 (2006) – Relates to various TPR issues including: allowing a jury for the TPR trial by
request of individual whose rights would be terminated; requires the individual to submit jury bond to
offset additional costs for impaneling a jury; enables the individual to request a change of judge in
certain circumstances; requires the court to issue a decision within thirty days of holding a TPR
hearing; and prevents another action to TPR within 12 months if the court decides not to TPR during
this hearing.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 1164 (2006) – Ch. 358 – Provides for education benefits for children who were in foster
care at any time before graduating from high school.
HB 2138 (2003) – Relates to various adoption subsidy issues, including: defines eligibility for
adoption subsidies; prohibits subsidies because the child placed through private agency; requires
Department to conduct reviews of subsidies every two years; requires parents to provide
documentation that resources have been exhausted before authorizing special services subsidy; and
states that the special services subsidy cannot be authorized if it exceeds reasonable fees for
services rendered.
HB 2729 (2005) – Makes advance appropriations for adoption and family preservation projects.
25
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
6,173
1,386
1,650
7.9
793
25%
51%
94%
6.6
7,469
1,337
1,701
7.8
839
23%
47%
95%
6.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,140
-729
-57%
95%
6.2
26%
38%
36%
0%
37%
31%
32%
0%
59%
16%
24%
<1%
32%
33%
36%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may be a
barrier to placement or adoption without financial assistance:
Six years of age or older
Racial or ethnic factors (African American, Native American,
Hispanic, Asian or other heritage that may be a barrier to adoption)
Member of a sibling group to be placed together
Physical, mental or developmental disability
Emotional disturbance
High risk of physical or mental disease
High risk of developmental disability
High risk of severe emotional disturbance if removed from the care
of foster parents
Any combination of the above factors
Age 2
Age 9
Age 16
$358
$358
$419
$2,000
$23,316,884
Post-adoption services are administered by the Department of Economic
Security and contracted through outside agencies, such as Aid to Adoption
of Special Kids (ASK). Post-adoption services include the following:
Information and education
Resource and referral
Legal resource information
Recreation
Respite
Support groups
Advocacy
Parental assistance and training
http://www.nacac.org/stateprofiles/arizona.html
26
ARKANSAS
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 9
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment
and Approval
Adoption Proceedings and
Preparation
HB 1291 (2003) – Act No. 650 – Requires that the child welfare agency or licensed social
worker conduct a homestudy before placing a child in the home of an adoption petitioner.
HB 2790 (2005) – Act No. 1685 – Creates the Streamline Adoption Act to provide that a family
who adopts a child from the Department of Human Services is eligible for the streamlined
adoption process if the family chooses to adopt another child from the department.
HB 2876 (2005) – Act No. 1689 – Provides that detailed, written health history and genetic and
social history of the child are not required for a petition to adopt under certain circumstances.
HB 1408 (2005) – Allows a petition to adopt only if there is written consent of the father given certain
circumstances.
HB 1408 (2005) – Act No. 437 – Clarifies laws regarding consent of adoption of a minor by
biological parents and guardians.
HB 2626 (2005) – Allows a child to return to the home of the petitioner following the dismissal of a
petition to adopt if it is in the child’s best interests.
SB 462 (2003) – Act No. 1185 – Amends court procedure for withdrawal of consent to adopt and
requires adoption proceedings to be held in privacy.
HB 2471 (2003) – Act No.1166 – Change jurisdiction for adoption proceedings from juvenile
court to circuit court.
PostAdoption
SB 926 (2005) – Act No. 1990 – States that a parent's resumption of contact, participation in the
case plan, or following orders of the court following the permanency planning hearing and
preceding the termination of parental rights hearing is an insufficient reason to not terminate
parental rights. In addition, states that petitioner must check putative father registry in
addition to providing notice of TPR hearing and sets out the provisions required before
terminating parental rights.
HB 1408 (2005) – Act No. 437 – Prevents sibling visitation rights from being terminated if
adopted child was in custody of DHS, the sibling was not adopted, and visitation was
determined to be in the best interests of the child following adoption. Also requires adoption
subsidies to be determined by a means-based test.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 2676 (2005) – Act No. 2225 – Outlines duties required by child welfare review board to
monitor adoption placement agencies and allows board to revoke or suspend licenses and
place civil penalties.
SB 332 (2003) – Act No. 663 – Allows exclusion from gross income of benefits received under
an employer's adoption assistance program.
27
ADOPTION INDICATORS:
Children in foster care on September 30
2002
2003
2004
Nation
2004
2,971
3,000
517,000
--
Children whose parental rights have been terminated
445
457
65,000
--
Total number of children waiting to be adopted
982
987
118,000
964
Mean age of waiting children
7.9
8.4
8.8
--
Total number of children adopted
297
385
52,000
331
Within 24 months of latest removal (in percent)
28%
29%
--
--
Time between TPR and adoption less than 12 months (in percent)
56%
60%
52%
47%
Receiving a subsidy (in percent)
81%
79%
89%
75%
Mean age at finalization (in years)
7.7
6.9
6.9
6.8
87%
87%
59%
89%
Adopted by (in percent)
Foster parent
Non-relative
0%
0%
16%
0%
Relative
13%
13%
24%
11%
Step-parent
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Two years of age or older and a child of color
Nine years of age or older and Caucasian
Member of a sibling group of three or more children placed
together
Severe medical or psychological needs that require ongoing
rehabilitation or treatment
At high risk for the development of a serious physical, mental or
emotional condition, if a medical professional specializing in the
area provides documentation of the condition for which the child
is considered at risk.
Age 2
Age 9
Age 16
$400
$425
$475
$1,500
$7,535,407
Post-adoption services are administered by the Department of Human
Services (DHS), Division of Children and Family Services (DCFS),
through DCFS, contracted agencies, and parent organizations. Postadoption services include the following:
Information and referral
Adoption education and training
Case management
Resource library
Respite care
Adoption support groups
http://www.nacac.org/stateprofiles/arkansas.html
28
CALIFORNIA
ADOPTION-RELATED LEGISLATION:
Number of Bills Passed: 20
Legislative Sessions: Annual
Permanency
Planning
AB 1412 (2005) – Chapter No. 640 – Revises existing law requiring the juvenile court to
conduct periodic status review hearings and to terminate the parental rights to, and to order a
permanent plan of adoption for, a dependent child of the juvenile court to a child who is 10
years of age or older and who has been in an out-of-home placement and provides that a child
be given an opportunity to participate in the development of a case plan.
SB 591 (2003) – Chapter No. 812 – Includes the willingness of the caregiver to provide legal
permanency for the child in the evidence and information used by a court for child placement.
AB 408 (2003) – Chapter No. 813 – Requires the court to determine whether the placing
agency has made reasonable efforts to maintain a child's relationship with individuals who
are important to a child who is 10 years of age or older placed in a group home; orders
actions to maintain those relationships; and requires training for social workers about the
importance of maintaining those relationships.
Termination of Parental Rights (TPR)
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
SB 302 (2005) – Chapter No. 627 – Authorizes an adoption agency to whom the child has been
relinquished to or a prospective adoptive parent of the child to bring an action to determine
paternity and expands the list of specified persons whom the social worker or probation
officer must notify regarding a hearing to terminate parental rights or establish a legal
guardianship by requiring that notice be given to unknown parents by publication, if ordered
by the court.
AB 519 (2005) – Chapter No. 634 – Permits a child who has not been adopted at least 3 years
after TPR and for whom the court has determined that adoption is no longer the permanent
plan, or is no longer likely to be adopted, to petition the juvenile court for reinstatement of
parental rights.
SB 59 (2003) – Chapter No. 247 – Provides that following TPR, an order that a dependent child
is to reside in, be retained in, or be removed from, a specific placement is not appealable,
except as specified, but does not affect the right of a parent, a legal guardian, or the child to
appeal any order that is appealable and is issued at a hearing to terminate parental rights.
SB 182 (2003) – Provides the action to terminate the parental rights of a father shall be heard in the
court, rather than the county, in which the termination process is filed; provides a court order,
requiring or dispensing with, a father's consent for an adoption of a child may be appealed from in a
specified manner; and authorizes a proceeding to declare a minor child free from the custody and
control of one or both parents for purposes of adoption under certain conditions.
SB 1512 (2002) – Chapter No. 260 – Requires that notice be provided to every person
identified as the natural father or a possible natural father at least 10 days before the time
stated in the notice for the appearance in a proceeding to terminate the parental rights of a
father in order to place a child for adoption.
29
Adoptive Home Recruitment and Approval
Adoption Proceedings and
Preparation
SB 302 (2005) – Ch. 627 – Provides that the consent of a presumed father is not required for
the child's adoption with some exceptions.
SB 1357 (2003) – Ch. 858 – Provides that if a presumed father waives the right to notice in
writing, no notice, relinquishment of, or consent to adoption shall be required for the adoption
proceeding to proceed.
SB 947 (2003) – Ch. 469 – Requires the appropriate agency to ask whether a child is or may be
a member of an Indian tribe when a parent seeks to relinquish a child for adoption or to
execute an adoption placement agreement.
AB 416 (2003) – Chapter No. NA – Authorizes a legal guardian of more than 6 months to file a
petition to adopt the child if the court has found the child to be abandoned.
Post-Adoption
AB 1808 (2006) – Chapter No. 75 – Allows state funding to pay for scholarships for former
foster youth and develops a pilot program to promote older child adoption which includes
additional incentive payments to adoptive parents.
SB 1357 (2003) – Chapter No. 858 – Changes provisions governing post-adoption contract
agreements.
SB 984 (2003) – Chapter No. 323 – Establishes eligibility for Adoption Assistance Program
benefits for a child who is eligible for program benefits and who, at the time a petition for
adoption is filed, has met the requirements for federal SSI benefits and makes appropriations
for these benefits.
SB 169 (2003) – Chapter No. 19 – Authorizes a child who was adopted as part of a sibling
group, and who has been separated from his or her sibling or siblings through re-adoption by
a resident of the state, to petition the court to enforce any agreement for visitation made prior
to the child's re-adoption or to order visitation.
SB 1712 (2006) – Requires the Department of Social Services to establish pilot projects in 4 counties
promoting older child adoption by offering enhanced Adoption Assistance Program payments and
post-adoption services to ensure the successful adoption of hard- to-place foster children who are at
least 11 years of age, but not yet 18 years of age, and who are members of sibling groups.
Other
AdoptionRelated
AB 218 (2005) – Chapter No. 626 – Following TPR, allows custody of the child be given to a
caretaker if that caretaker is a prospective adoptive parent and authorizes a court to
designate a current caretaker as a prospective adoptive parent under certain conditions.
AB 2492 (2003) – Chapter No. 128 – Specifies that adoption pre-placement evaluations may be
made by a licensed private or public adoption agency of the state of the petitioners'
residency.
SB 1357 (2003) – Chapter No. 858 – Provides that a child born in the state and placed for
adoption in the state is not subject to the interstate compact.
SB 984 (2003) – Chapter No. NA– Eliminates provisions that authorize an agency placing a
child in foster care, or the State Department of Social Services or licensed adoption agency to
which a child has been freed for adoption, to consider specified matters relating to the
cultural, ethnic, or racial background of the child, and the capacity of the prospective foster
parents or adoptive parents, as appropriate, to meet the needs of the child. Also states that
existing law requiring agencies responsible for the placement of foster children for adoption
to take into consideration specified matters in placing those children do not affect the Indian
Child Welfare Act.
SB 970 (2003) – Chapter No. 470 – Relates to communication networks needed to facilitate the
transmission of requests from specified entities in the State for criminal offender record
information for custodial child placement or adoption purposes.
AB 416 (2003) – Chapter No. NA – Authorizes a legal guardian of more than 6 months to file a
petition to adopt the child if the court has found the child to be abandoned.
SB 1661 (2002) – Chapter No. 901 – Provides disability compensation for any individual who is
unable to work due to the employee's own sickness or injury, the sickness or injury of a
family member, or the birth, adoption, or foster care placement of a new child.
30
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
100,451
994
6,335
6.8
8,840
21%
44%
93%
6.5
97,261
1,038
5,472
6.7
7,468
23%
46%
85%
6.4
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--4,903
-7,754
-53%
91%
6.2
48%
6%
47%
<1%
51%
5%
44%
<1%
59%
16%
24%
<1%
52%
5%
44%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
Child has at least one of the following needs or circumstances that may be a
barrier to placement or adoption without financial assistance:
Three years of age or older
Race, ethnicity, color, or language that is a barrier to
adoption
Member of a sibling group that should remain together
Mental, physical, emotional, or medical disability certified
by a licensed professional
Parental background of a medical or behavioral nature that
can be determined to adversely affect the development of
the child
Age 2
Age 9
Age 16
$425
$494
$597
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
$400
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
$268,393,869
POST-ADOPTION SERVICES PROVIDED
Post-adoption services are administered by the Department of Social
Services through the Post-adoption Services Project (PASP), parent groups,
and contracted agencies. Post-adoption services include the following:
Information, resource/referral
Educational programs
Support groups
Respite
Crisis intervention (licensed Social Workers)
Educational materials
Newsletter
Reading room (resource library)
FOR MORE INFORMATION
http://www.nacac.org/stateprofiles/california.html
31
32
COLORADO
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 11
Legislative Sessions: Annual
HB 1174 (2005) – Chapter No.194 – Describes information that birth parents must give during
a temporary custody hearing, including contact information for relatives, and specifies that
agency must search for listed relatives as a potential placement.
Termination of Parental Rights
(TPR)
HB 1286 (2003) – Concerning acceleration of the process for terminating parent-child legal
relationship for children under one year of age and expediting the voluntary relinquishment process.
HB 1312 (2002) – Chapter No. 329 – See above with TPR.
HB 1064 (2002) – Chapter No. 217 – See above with TPR.
Post-Adoption
Adoptive Home Recruitment and
Approval
Adoption
Proceedings
and
Preparation
HB1286 (2003) – Chapter No. 114 – Accelerates the process for terminating the parent-child
legal relationship of children under age 1 and expedites the voluntary relinquishment
process.
SB 23 (2003) – Chapter No. 158 – For children under age 6, requires the court to hear a
motion for TPR within 120 days after such motion is filed; prohibits the court from granting a
delay of the TPR hearing except in certain circumstances; and requires the court to fully
explain the notice of rights and remedies for families (e.g. right to counsel) to the respondent
and advise a respondent of the minimum and maximum time frames for the dependency
process.
HB 1312 (2002) – Chapter No. 329 – Gives docket priority to any hearing concerning a petition
for adoption filed with the court and includes termination of parental rights.
HB 1064 (2002) – Chapter No. 217 – Recognizes Colorado's commitment to compliance with
the federal Indian Child Welfare Act by requiring the petition in those types of cases, which
includes termination of parental rights proceedings and adoption proceedings.
HB 1093 (2005) – Chapter No. 165 – Requires a prospective adoptive parent to submit to a
criminal history record check and to pay for the cost of obtaining criminal history record
checks and to present the results of his or her fingerprint-based criminal history record
checks to the court for review.
HB 1173 (2005) – Chapter No. 22 – Allows the court to consider a request that guardianship
and legal custody of the child be placed in relative and gives preference to a relative of the
child when they have made a timely request and the placement is in the best interests of the
child.
HB 1149 (2004) – Chapter No. 97– Concerns the use of criminal history records to find out
information regarding any crime, with an underlying basis to include an act of domestic
violence, in adoption proceedings.
SB 314 (2003) – Chapter No. 409 – States that when available, joint placement of all children in
a sibling group is in the best interests of the children.
HB 1037 (2005) – Chapter No. 21 – Allows the state to consider optional groups to provide
medical assistance including children for whom subsidized adoption assistance payments
are made, but who do not meet the requirements of title IV-E of the "Social Security Act”.
HB 1022 (2002) – Chapter No. 69 – Eliminates an annual re-determination of the need for
subsidized adoption assistance to adoptive parents of children with special needs that is not
required under the federal adoption assistance program.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
33
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
9,209
1,274
1,886
7.3
992
38%
49%
92%
6.7
8,754
1,034
1,496
8.2
1,033
45%
56%
87%
6.2
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,573
-958
-60%
86%
6.4
57%
12%
32%
<1%
58%
11%
31%
<1%
59%
16%
24%
<1%
56%
13%
31%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR NON-RECURRING
EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
"Special needs" means the specific factors or conditions that apply to
the child and that may prevent the child from being adopted unless the
department provides adoption support services and requires that the
child meets three conditions:
One or more of the following factors or conditions must exist
(ex. age 7 or older, member of sibling group, physical disability,
mental retardation, etc.)
It has been determined that the child cannot or should not be
returned to the home of the biological parent; and
There is documentation that the department or child-placing
agency had made a reasonable but unsuccessful effort to place
the child for adoption without adoption support
Age 2
Age 9
Age 16
$293
$293
$352
$800
$21,601,509
Post-adoption services are administered through the Department of
Human Services, Division of Child Welfare Services and offered
through the Colorado Post-adoption Resource Center, parent groups,
and contracted organizations. Post-adoption services include the
following:
Information and referral
Educational material
Support groups
Support programs
Therapeutic intervention
Respite
Diagnostic evaluations
Mental health supports
Developmental disabilities services
http://www.nacac.org/stateprofiles/colorado.html
34
CONNECTICUT
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Limited Annual
Permanency
Planning
Termination of
Parental Rights
(TPR)
SB 454 (2005) – Requires that the Department of Children and Families notify potential adoptive
and foster care parents, in writing, of the family circumstances of the child.
SB 5 (2006) – Provides a court with the jurisdiction to submit an adoption order if the same court
terminated parental rights of the same child.
SB 129 (2004) – Act No. 04-159 – Authorizes the creation of a regional children's court pilot
program, which would deal with guardianship, termination of parental rights, adoption, etc.
Post-Adoption
Adoptive
Home
Recruitment
and Approval
SB 129 (2004) – Act No. 04-159 – Authorizes the creation of a regional children's court pilot
program, which would deal with guardianship, termination of parental rights, adoption, etc.
HB 5597 (2004) – Act. No. 04-128 – Requires a hearing on a petition for TPR based on
consent of the parent to be held no more than ten days after the filing of such petition and
requires an appeal of an order of TPR be taken within twenty days after the issuance of such
order.
Adoption
Proceedings
and
Preparation
SB 6 (2006) – Revises requirements and procedures relating to permanency plans for abused and
neglected children.
SB 269 (2006) – Concerns appropriations to the Department of Children and Families to help pay
for college for adopted children who were previously in the custody of the Department.
SB 298 (2004) – Act. No. 04-53– Allows adoptive parents to purchase group health insurance
through the state.
HB 6118 and SB 936 (2003) – Act. No. 03-243 – Maintains compliance with the Interstate
Compact on the Placement of Children, which regulates which state is responsible for the
payment of adoption subsidies.
HB 5644 (2002) – Act. No. 02-96 – Requires that adopted children be treated on the same
basis as other dependents and are not subject to restrictions concerning pre-existing
conditions.
Other
AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 5011 (2006) – Act No. 06-102 – Extends family and medical leave to parents who are state
employees and provides a leave of absence for state employees due to a serious illness of
an adoptive or foster child, in addition to a biological child.
35
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
6,007
703
1,036
8.4
617
9%
44%
86%
7.0
6,742
797
1,319
8.2
342
11%
50%
86%
6.8
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,408
-349
-61%
80%
6.1
61%
26%
13%
0%
60%
28%
12%
0%
59%
16%
24%
<1%
54%
33%
13%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
POST-ADOPTION SERVICES PROVIDED
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Eight years of age or older
Two years of age or older and a member of a minority
Member of a sibling group of two are more children to be placed
together
Diagnosis of a physical, mental or emotional handicapping
condition
High risk of developing of a physical, mental or emotional
handicapping condition
Age 2
Age 9
Age 16
$654
$675
$744
$750
$21,078,985
Post-adoption services are overseen by the Department of Children and
Families’ Office of Foster and Adoptive Services and received through
outside agencies. Post-adoption services include the following:
Support groups
Training programs
Mentor “buddy” program
Respite
Assigned support social worker
Information and referral services
The Connecticut DCF contracts with licensed child-placing agencies to
serve parents who adopt a difficult-to-place child. Known as the
Permanency Placement Services Program (PPSP), the services are
provided on a case-by-case basis at the recommendation of the child's
caseworker and with the approval of the DCF regional supervisor.
FOR MORE INFORMATION
http://www.nacac.org/stateprofiles/connecticut.html
36
DELAWARE
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Annual
Termination of Parental
Rights (TPR)
Adoption
Proceedings
and
Preparation
Adoptive
Home
Recruitment
and Approval
HB 442 (2005) – Chapter No. 75: 345 – Makes an order terminating parental rights final six
months after the decision, or at the adoption of the child at issue, whichever comes first.
HB 136 (2003) – Allows state licensed adoption agencies to place a child in an adjacent state
while maintaining the right to terminate parental rights.
HB 23 (2003) – Establishes the standby adoption act, which permits a terminally ill parent to
transfer parental rights to another person to become effective upon the death of the terminally ill
parent, and places it to the general adoption section of Delaware Code.
HB 290 (2003) – In addition to creating a putative father’s registry, limits the time that a putative
father has to make a claim and contest an adoption
PostAdoption
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 212 (2003) – Chapter No. 74: 107 – Allows the Child Placement Review Board to
intervene in court proceedings involving children under its review without following
previous protocol.
37
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
886
156
210
6.9
133
10%
45%
92%
7.8
814
114
144
7.3
101
27%
65%
86%
5.9
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--221
-73
-50%
74%
6.1
58%
28%
14%
0%
72%
16%
12%
0%
59%
16%
24%
<1%
66%
26%
8%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial
assistance:
Eight years of age or older
Member of a minority race or ethnic background
Member of a sibling group of two or more children
to be adopted in the same placement
Mental or emotional condition(s), verified by a
psychologist, psychiatrist, or other qualified
professional
Medical condition, physical handicap, or disease which
requires ongoing medical attention as verified by a
physician
Age 2
Age 9
Age 16
$397
$451
$511
$2,000
$1,680,401
Post-adoption services are administered by the Department of
Services for Children, Youth, and Families through contracted
agencies. Post-adoption services include the following:
Information
Referral
Support groups
Newsletter publication
Respite
http://www.nacac.org/stateprofiles/delaware.html
38
DISTRICT OF COLUMBIA
ADOPTION LEGISLATION PASSED:
Number of Adoption Bills Passed: 0
Legislative Sessions: Annual
ADOPTION-RELATED LEGISLATION CONSIDERED:
Termination of
Parental
Rights (TPR)
Adoptive
Home
Recruitment
and Approval
PostAdoption
Adoption
Proceedings
and
Preparation
Bill No. 590 (2006) – Amends current code to grant domestic partners similar rights and
responsibilities in the area of adoption, and to apply the same adoption procedures to
domestic partners.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
39
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
3,321
1
1,178
9.0
253
6%
68%
62%
9.0
3,092
49
1,130
9.1
241
4%
66%
70%
9.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--790
-436
-82%
100%
9.2
73%
<1%
27%
71%
1%
29%
59%
16%
24%
73%
2%
25%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Two years of age or older
Race
Ethnic background
Membership in a sibling group of two or more children
who should be placed together
Physical or mental condition
A child for whom an adoptive placement has not been made
within six months after he is legally available for adoptive
placement
Age 2
$718
Age 9
$718
Age 16
$791
$2,000
$7,324,134
Post-adoption services are offered through The Adoption Resource
Center and the DC Child and Family Services Agency’s adoption
assistance program. The Center can assist families in the District of
Columbia in finding supportive community resources in such areas as
mental health, parenting, emergency services, public health, academic
support, and adoption assistance. Post-adoption services include the
following:
Information and referral
Short-term family counseling
Support and counseling groups
Crisis hotline
Parent trainings and workshops
Resource library
Respite
http://www.nacac.org/stateprofiles/dc.html
40
FLORIDA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 7
Legislative Sessions: Annual
Entry
Permanency
Planning
HB 7123 and SB 1080 (2005) – Chapter No. 86 – Amends various laws and relates to permanency
planning under ASFA, which includes new definitions of permanency planning and descriptions
of permanency planning options.
SB 1976 (2005) – Requires court to approve permanency plan and provides that adoption is primary
permanency option if reunification of child with parents is not in the best interest of child
HB 757 and SB 2046 (2004) – Chapter No. 389 – Prohibits the removal of a child from the home of
a foster parent or legal custodian with whom the child has lived for at least 6 months following
the denial of that person’s application to adopt the child except in certain circumstances.
Termination of Parental Rights
(TPR)
HB 7123 and SB 1080 (2005) – Chapter No. 86 – Clarifies the circumstances under which DCF is
required to file or is excused from filing a TPR petition at the time of the 12-month judicial review;
provides authority for the court to review DCF’s decision not to file this petition; provides that the
availability of a non-adoptive relative placement may not be considered as a factor weighing
against the TPR; and states that if a child has been in a stable or pre-adoptive placement for not
less than six months, the availability of a different placement, including a placement with relative,
is not considered a ground to deny the petition for TPR.
HB 835 and SB 2456 (2003) – Chapter No. 58 – Extends time period for the court to mail a
judgment of TPR to the child welfare agency and combines the TPR and adoption proceedings
regarding the adoption of relatives, adults, or stepchildren and also discusses unmarried fathers’
rights.
Post-Adoption
Adoption
Proceedings and
Preparation
Adoptive Home
Recruitment and
Approval
HB 7123 and SB 1080 (2005) – Chapter No. 86 – Requires that parents be allowed to give names of
relatives to place children with upon removal.
Other
AdoptionRelated
STAGES OF ADOPTION
SELECTED LEGISLATION
HB 7123 and SB 1080 (2005) – Chapter No. 86 – Removes the limitation on considering placement
of a child with an adult relative at a later date when no suitable relative is earlier identified.
HB 835/SB 2456 (2003) – Chapter No. 58 – Eliminates provisions giving a grandparent with whom
a child has lived for at least a 6 month period first priority to adopt; makes continued jurisdiction
of the Florida court permissive when a minor is placed with prospective adoptive parents who
primarily live and work outside Florida, and modifies the provision making it unlawful for a person
to place a minor for adoption with a person who primarily lives and works outside Florida, unless
all of the requirements of the Interstate Compact for the Placement of Children have been met.
HB 757 and SB 2046 (2004) – Chapter No. 389 – Provides an exception to the statutory
requirement that a departmental consent be attached to a petition for adoption and provides for a
waiver of departmental consent to an adoption if the court decides consent is being withheld
unreasonably, provided that the petitioner has a favorable adoptive home study.
HB 835 and SB 2456 (2003) – Chapter No. 58 – Combines the termination of parental rights and
adoption proceedings regarding the adoption of relatives, adults, or stepchildren.
HB 11 and SB 2526 (2003) – Chapter No. 56 – Makes all information in the Putative Father Registry
confidential and exempt from public disclosure, with exceptions related to adoption.
HB 7173 (2005) – Chapter No. 194 – Expands Medicaid eligibility criteria to include 18 and 19 year
young adults who were adopted from foster care after age 16 and those who spent at least six
months in foster care.
HB 835 and SB 2456 (2003) – Chapter No. 58 – Among many adoption topics, clarifies that parents
whose rights have been terminated may have contact with a child with agreement of the adoptive
parents.
HB 1837 (2004) – Chapter No. 269 – Appropriations related to transferring funds for adoption
services.
SB1454 (2003) – Chapter No. 146 – Creates the “Local Funding Revenue Maximization Act” to
enhance the abilities of agencies and local political subdivisions to achieve maximum federal
matching of funds for as many clients and health and human service needs as possible.
41
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
31,963
3,649
8,115
8.3
2,309
25%
52%
66%
6.6
30,677
4,428
8,180
8.4
2,786
20%
48%
63%
6.7
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--7,729
-3,264
-46%
77%
7.1
36%
26%
38%
48%
21%
31%
59%
16%
24%
39%
21%
40%
0%
0%
<1%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
Child has at least one of the following needs or circumstances that may be
a barrier to placement or adoption without financial assistance:
Eight years of age or older
African American or racially mixed parentage
Member of a sibling group being placed for adoption as a unit
Mentally handicapped
Physically handicapped
Emotionally handicapped
Significant emotional ties with his foster parents or relative
caregiver
Age 2
Age 9
Age 16
$295
$304
$364
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
$1,000
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY
2004
$44,863,421
POST-ADOPTION SERVICES PROVIDED
Post-adoption services are administered by the Department of Children and
Families’ (DCF) Family Safety and Preservation Program Office. The DCF
and contracted agencies provide various services, depending on location.
Post-adoption services include the following:
Information and referral
Support groups
Adoption related libraries
Case management
Training
Florida Adoption Reunion Registry (FARR)
FOR MORE INFORMATION
http://www.nacac.org/stateprofiles/florida.html
42
GEORGIA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 4
Legislative Sessions: Annual
HB 1482 (2006) – Excludes general public from hearings on termination of parental rights and
adoption proceedings.
HB 195 (2005) – Act No. 75 – Changes the timeframe for hearings and orders on petitions to
TPR.
HB 330 (2003) – States that parental rights are lost when a parent is convicted of a felony.
HB 1482 (2006) – Excludes general public from hearings on termination of parental rights and
adoption proceedings.
SB 55 (2003) – Relates to the placement of a child following a termination order, custodial authority,
and review of placement, so as to change the time limit requirements for the review of an adoption
petition.
HB 1631 (2004) – Requires that courts determine adoption and child custody issues within 90 days of
domestic relations cases.
PostAdoption
Adoption
Proceedings and
Preparation
Adoptive
Home
Recruitment
and Approval
Termination of
Parental Rights
(TPR)
HB 1322 (2004) – Act No. 489 –Relates to the placement of a child following a termination
order to change timeframes for a review of the child’s placement and efforts to move the child
to adoption from every year to every six months if the child is not adopted six months after
TPR.
HB 272 (2005) – Act No. 81 – Provides educational and living assistance for adopted children
in post-secondary education.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 1210 (2002) – Chapter No. 849 – Permits licensed child-caring and child-placing agencies
and court appointed independent investigators with responsibility for placing children in
homes for foster care or adoption access to records of child abuse.
43
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
13,149
1,899
3,200
7.7
1,135
15%
35%
74%
7.2
13,578
1,495
2,524
8.3
1,092
15%
38%
78%
7.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,550
-1,269
-48%
71%
6.7
75%
15%
11%
0%
74%
14%
12%
0%
59%
16%
24%
<1%
80%
9%
11%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
A child who is considered special needs is:
Any child 8 years of age or older
Any child of Black heritage, 1 year of age or older
Members of a sibling group of three or more
Members of a sibling group of 2 where one is over the age of 8
or has another special need
Any child with documented physical, emotional, or mental
problems or limitations
Age 2
$388
Age 9
$411
Age 16
$433
$2,000
$33,664,421
Post-adoption services are administered by the Department of Human
Resources thorough the DFCS, Office of Adoptions and community
resources. DHR post-adoption services include the following:
Center for Adoption Resources and Support
Camp Promise (camps for children)
A-Team (teen support group)
Crisis intervention team (therapeutic intervention, family case
management)
Respite
Tutoring
Adoption reunion registry
Support groups
In addition, a toll free number for the Georgia Center for Adoption
Resources and Support is available and will provide families with
information relating to resources, support groups, local and statewide
adoption related activities.
http://www.nacac.org/stateprofiles/georgia.html
44
HAWAII
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 1
Legislative Sessions: Annual
Termination of
Parental
Rights (TPR)
SB 887 (2003) – Amends the adoption and family court laws to require the consent of parents with
mental illness or mental retardation before the termination of their parental rights or to the adoption
of their children.
Adoptive
Home
Recruitment
and Approval
SB 3218 (2006) – Clarifies the importance of kinship placement for temporary foster placement and
adoption and affirms the importance of the child's present attachment and bonding to present
caregivers, whether kin or non-kin.
Adoption
Proceedings
and
Preparation
SB 887 (2003) – Amends the adoption and family court laws to require the consent of parents with
mental illness or mental retardation before the termination of their parental rights or to the adoption
of their children.
Post-Adoption
HB 2495 (2002) – Act No. 109 – Makes an Emergency Appropriation for the Department of
Human Services for various foster care-related costs including permanency assistance and
difficulty-of-care payments for foster and adoptive parents, permanent custodians, and
guardians of children with special needs.
SB 2013 (2002) – Grants priority considerations to attend a school in some other district to adopted
or foster children who would benefit from continued enrollment in the complex.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 786 (2003) – Establishes a tax credit for the qualified adoption expenses incurred in efforts to
adopt a child, but limits eligibility by income and dates of expenses.
45
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
2,762
669
709
8.8
366
41%
59%
81%
5.5
2,967
699
767
9.0
318
38%
66%
77%
5.7
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--919
-375
-64%
80%
5.5
47%
1%
51%
46%
1%
53%
59%
16%
24%
57%
0%
43%
<1%
<1%
<1%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial
assistance:
Age
Race or ethic background
Member of a sibling group of two or more
children adopted together
Physical or mental disability
Emotional disturbance
High risk of developing a physical or mental
disease
Note: Children must be legally free for adoption, under 18 years of
age (or over 18 and under 21 years of age and determined by the
department to have a mental or physical handicap that warrants
continued assistance) to be eligible for adoption assistance.
Age 2
Age 9
Age 16
$529
$529
$529
$2,000
$8,631,658
Post-adoption services are administered by the Department of
Human Services (DHS) and contracted through outside agencies.
DHS’s post-adoption services include the following:
Resource and referral
Newsletter
Support groups
Trainings
Crisis intervention
Counseling/therapy
Advocacy
Parenting education
http://www.nacac.org/stateprofiles/hawaii.html
46
IDAHO
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 1
Legislative Sessions: Annual
HB 325 (2005) – Chapter No. 391 – Relates to timeframes within which a case plan should be
completed.
Termination of Parental
Rights (TPR)
Adoptive Home
Recruitment and
Approval
HB 325 (2005) – Chapter No. 391 – Prior to the placement for adoption of any child in the home
of prospective adoptive parents requires a thorough social investigation of the prospective
adoptive family and all of its members, consistent with the rules regarding such investigations
promulgated by the department of health and welfare, shall be completed and that a positive
recommendation for adoptive placement shall have been made.
Adoption
Proceedings and
Preparation
HB 325 (2005) – Chapter No. 391 – Requires that proceedings to adopt a child are commenced
by the filing of a petition initiated by the person or persons proposing to adopt or, if the
adoption arises from a child protective act case, the petition is filed in the court having
jurisdiction over the child protective act case unless that court relinquishes jurisdiction over
the adoption proceeding.
PostAdoption
HB 325 (2005) – Chapter No. 391 – Describes various conditions under which parental rights
may be terminated including when the parent has subjected the child to torture, chronic abuse
or sexual abuse or it is found to be in the best interest of the child.
SB 1121 (2005) – Revises provisions relating to necessary consents to adoption, and requires court
approval of certain expenditures in connection with the placement of a child for adoption. Clarifies
when notice of hearing on a petition for termination of the parent-child relationship is required to be
served on a putative father.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
47
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,246
262
258
9.7
118
28%
54%
78%
6.6
1,401
192
255
8.2
138
17%
44%
86%
7.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--311
-176
-54%
91%
7.5
38%
41%
21%
0%
27%
41%
32%
0%
59%
16%
24%
<1%
39%
46%
15%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial
assistance:
•
Age
•
Member of a sibling group of two or more children
that must be placed together
•
Physical, mental, emotional or medical disability
•
At risk of developing a physical, mental, emotional, or
medical disability based on known information regarding the
birth family and child’s history
Age 2
$251
Age 9
$275
Age 16
$394
$2,000
$2,664,439
Post-adoption services are administered by the Idaho Department
of Health and Welfare, Division of Family and Community Services.
Post-adoption services are provided within available resources.
Children with negotiated adoption assistance agreements (whether
from Idaho or from another state) are eligible for any services
available to Idaho children.
http://www.nacac.org/stateprofiles/idaho.html
48
ILLINOIS
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 14
Legislative Sessions: Annual
Adoptive Home
Recruitment and
Approval
• HB 4242 (2005) – Public Act No. 94-880 – Requirements for relative placements.
SB 2738 (2006) – Public Act No. 94-939 – Provides a rebuttable presumption that a parent is unfit if
there are two or more findings of physical abuse or the parent has been convicted or found not
guilty by reason of insanity.
HB 4357 (2006) – Public Act No. 94-1026 – Provides that any grandparent, great-grandparent, or
sibling visitation ends if the child is adopted by someone other than a blood relative.
HB 1870 (2005) – Public Act No. 94-563 – States that petitions seeking TPR for lack of parental
progress on the case plan must specify 9-month period of the parent's failure to substantially
fulfill his or her obligations under the service plan and correct the conditions that brought the
child into care within 9 months after the adjudication.
HB 1871 (2005) – States that prospective adoptive parents do not have to be licensed foster parents
under the Child Care Act of 1969.
HB 564 (2003) – Chapter No. NA – Amends various Acts related to criminal history records checks
which includes that prospective adoptive parents must submit fingerprints to Department of State
Police.
HB 4208 (2002) – Chapter No. NA – Requires Department to consider adoptive parents of
biological siblings of the child; requires Department to attempt to notify parents and states that
the final decision must be based on best interests of child.
HB 4186 (2005) – Public Act No. 94-1010 – Provides that before DCFS places a child they must
provide prospective adoptive parents with same information provided to other caretakers.
SB 511 (2005) – Public Act No. 94-530 – Relates to persons not entitled to participate in adoption
proceedings to add exceptions including fathers in certain circumstances.
HB 6564 (2004) – Public Act No. 93-732 – Removes the definition of, and references to, "terminally
ill" and replaces the phrase with "consenting" regarding consent to a standby adoption.
HB 5130 (2003) – Public Act No. 93-760 – Waives adoption filing fee in a special needs adoption.
HB 3552 (2003) – Public Act No. NA – Provides that consent for adoption is not required from
person indicted for child sexual abuse that involved sexual penetration of mother or person at
least 5 years older than the mother who was under age 17 at time of conception of child to be
adopted.
Post-Adoption
Adoption Proceedings and
Preparation
HB 1397 (2005) – Requires DCFS, in collaboration with community service providers, to annually develop
and administer an objective plan with respect to services for dependent children that specifies the
assessment and case planning process and prescribes the services needed to ensure the most
appropriate alternate care placement for dependent children who must be placed outside their homes.
HB 1548 (2005) – Public Act No. 94-215 – Allows DCFS to provide financial and education
assistance grants for interim between death of adoptive parents and finalization of new adoption
assistance agreement.
SB 1458 (2005) – Act No. 94-430 – Allows for a voluntary exchange of information between birth
and adoptive families through the Illinois Adoption Registry and Medical Information Exchange.
Other AdoptionRelated
STAGES OF ADOPTION
Termination of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 2144 (2006) – Provides that a parent who left employment during the first year following placement of
a child age 18 or less with the individual for adoption may not be denied unemployment insurance
compensation on specified grounds
HB 3628 (2005) – Public Act No. 94-586 – Defines adoption services; provides that any entity
engaging in adoption services for compensation must be licensed by the Department of Children
and Family Services as a child welfare agency; and adds provisions for DCFS to deem that
agencies are compliant with regulations.
49
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
24,344
4,391
6,225
8.8
3,634
10%
66%
98%
7.6
21,608
3,993
3,821
10.4
2,701
12%
69%
98%
7.4
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--3,621
-2,227
-67%
98%
7.2
100%
0%
<1%
0%
100%
0%
0%
0%
59%
16%
24%
<1%
100%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION PROGRAMS/ POLICIES
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial
assistance:
•
One year of age or older
•
Member of a sibling group being adopted together where
at least one child meets one of the other criteria listed here
•
Being adopted by adoptive parents who have previously
adopted, with adoption assistance, another child born of
the same mother or father
•
Irreversible or non-correctable physical mental or
emotional disability
•
Physical, mental, or emotional disability correctable
through surgery, treatment, or other specialized services
Age 2
Age 9
Age 16
$369
$410
$445
$1,500
$81,087,876
Post-adoption services are administered by the Department of
Children and Family Services (DCFS) and through several state
funded, state contracted and family organizations. DCFS postadoption services include the following:
•
Support groups
•
Educational advocacy
•
Mental health services
•
Community-based services
•
Crisis intervention
•
Assessment
•
Therapeutic intervention
•
Case management/advocacy
•
Respite
•
Adoption registry
http://www.nacac.org/stateprofiles/illinois.html
50
INDIANA
ADOPTION RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
Termination of
Parental
Rights (TPR)
SB 273 (2006) – Specifies that voluntary termination of parental rights is irrevocable.
Adoption
Proceedings and
Preparation
SB 340 (2005) – Public Law No. 129 – Requires that licensed adoption agencies provide
parents with all appropriate documentation before placing an adoptee.
SB 325 (2003) – Allows the Division of Family and Children to place non-identifying information about
children available for adoption on the Internet in order to help identify adoptive placements.
SB 98 (2004) – States that consent to adoption by parents who are guilty of neglect that results in
death is not required.
SB 517 (2003) – Public Law No. NA – Provides that persons seeking adoption may have
temporary custody of a child; requires notice of petition for adoption to person other than
putative father; and consolidates adoption and paternity hearings.
PostAdoption
Adoptive
Home
Recruitment
and Approval
SB 139 (2006) – Public Law No. 146 – Establishes specific time limits and requirements for
children in need of services cases to adjudication, to dispositional hearings, for case review
progress reports, and to filing for TPR cases.
HB 1696 (2005) – Requires the Office of Medicaid policy to disregard parental income and provide
mental healthcare coverage for special needs adopted children.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 1593 (2003) – Provides a tax credit for adoption-related expenses in non-stepparent adoption
cases.
51
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
8,899
1,218
2,417
8.3
777
21%
59%
61%
7.9
2004
Nation
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,593
-1057
-67%
61%
7.1
36%
49%
15%
0%
59%
16%
24%
<1%
30%
56%
14%
0%
2002
2003
8,640
1,176
2,364
8.7
923
22%
59%
49%
7.9
33%
48%
19%
0%
2004
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Two years of age or older
Member of a sibling group of two or more children of
which at least one is two years of age or older and who
will be placed with the sibling group in the same home
Medical condition or a physical, mental or emotional
disability at time of adoption petition
Recognized high risk of developing a medical condition or a
physical, mental or emotional disability, as determined and
documented by a physician licensed to practice in Indiana or
another state or territory
Age 2
75% foster care rate
Age 9
Same
Age 16
Same
$1,500
$29,468,251
Post-adoption services are contracted through outside agencies and
include the following:
Information and referral
Education programs
Educational materials
Support groups
Respite
Adoption history registry
http://www.nacac.org/stateprofiles/indiana.html
52
IOWA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 4
Legislative Sessions: Annual
SB 2236 (2002) – Establishes requirements for the courts, Department of Human Services, and
others for use in any voluntary or involuntary proceeding that may result in an Indian child's
termination of parental rights, adoptive placement, pre-adoptive placement, or foster care
placement.
Adoption Proceedings and
Preparation
SB 2290 (2005) – Chapter No. 1076 – Increases the maximum allowable reimbursement by
$200 ($700 total) per child for payment of reasonable attorney fees and other expenses
related to certain paternity and adoption proceedings.
HB 2414 and SB 2252 (2005) – Chapter No. 1029 – Requires that information about any
criminal convictions and any founded child abuse report which relate to the petitioner be
included in an adoption petition and provides that investigations or reports for petition do
not apply or may be waived for relatives and stepparents, unless the petitioner discloses a
criminal conviction or founded child abuse report in the petition.
Post-Adoption
SB 2092 (2002) – Provides that the overriding criterion in the placement of a child for adoption
shall be placing the child with a relative of the child, which means a stepparent or a relative of the
child within the fourth degree of consanguinity.
SB 101 (2005) – Allows an increase in the amount allowed for attorney fees and other related
legal expenses as part of the adoption subsidy program
SB 351 (2003) – Chapter No. 81 – Provides priority for child care assistance for a child in a
family that is eligible for state child care assistance and receives a state adoption subsidy.
Other Adoption-Related
Adoptive
Home
Recruitment
and
Approval
STAGES OF ADOPTION
Termination of
Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 2518 and SB 576 (2005) – Chapter No. 1102 – Prohibits disclosure of information from
termination and adoption records except for in certain circumstances, such as for the
purpose of statistical analysis.
HB 2390 (2004) – Chapter No. 1116 – Requires an annual periodic evaluation of the family
support subsidy program which includes the number of children and families served by
the program during the fiscal year period, and the number remaining on the waiting list at
the end of the fiscal year period, and establishes an adoption subsidy task force.
53
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
5,238
1,061
1,277
8.1
886
43%
54%
74%
6.9
5,011
953
1,143
8.3
1,130
45%
56%
75%
6.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,151
-1,061
-67%
75%
6.4
68%
32%
0%
69%
31%
0%
59%
16%
24%
68%
32%
<1%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may be
a barrier to placement or adoption without financial assistance:
8 years of age or older and Caucasian
2 years of age or older and a member of a minority race or ethnic
group
Member of a sibling group of three or more children placed in the
same adoptive home
Medically diagnosed disability which substantially limits one of
more major life activity, requires professional treatment,
assistance in self-care, or the purchase of special equipment
Diagnosed by a qualified mental health professional to have a
psychiatric condition which impairs the child’s mental, intellectual,
or social functioning, and for which the child requires professional
services
Diagnosed by a qualified mental health professional to have a
behavioral or emotional disorder characterized by situationally
inappropriate behavior
Determined to be mentally retarded by a qualified mental
retardation professional
Age 2
Age 9
Age 16
$428
$452
$505
$2,000
$26,751,369
Post-adoption services are administered by the Department of Human
Services for children receiving adoption assistance and include the
following:
Information and referral
Educational materials
Training opportunities
Connections to other adoptive families
Telephone support
Support groups
http://www.nacac.org/stateprofiles/iowa.html
54
KANSAS
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Annual
Permanency
Planning
Termination of
Parental Rights
(TPR)
SB 400 (2006) – States that if a father or alleged father appears and asserts parental rights more
than 60 days after an adoption is finalized, the court shall consider the best interests of the child in
determining whether parental rights shall be reinstated.
HB 2352 (2005) – Chapter No. 200 – Brings the state into compliance with Federal Adoption
and Safe Families Act, including clarifying relationship between disposition and termination
hearings.
Adoptive Home
Recruitment and
Approval
HB 2562 (2005) – Chapter No. 21 – Allows for waiver of a home study upon review of a
request of a relative of the child.
HB 2305 (2003) – Requires that adoptive homes be assessed by approved entities and allows the
court to make an order for placement in a home not licensed to provide for the care and custody of
the child in certain circumstances.
HB 2776 (2002) – Determines venues for different types of adoption proceedings.
PostAdoption
Adoption
Proceedings
and
Preparation
HB 2352 (2005) – Chapter No. 200 – Brings the state into compliance with Federal Adoption
and Safe Families Act; adds provisions related to permanency planning and procedures to
assess progress on those plans to avoid delays; and creates the option of a permanent
custodian for children.
Other
AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 2276 (2003) – Provides up to six weeks of wage replacement benefits to eligible employees who
take time off work under the federal Family and Medical Leave Act, which includes the adoption of a
new child.
55
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
6,190
1,440
2,076
9.1
475
52%
22%
83%
7.4
5,781
1,518
1,993
9.4
546
13%
24%
87%
7.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,976
-653
-28%
91%
7.3
61%
13%
26%
63%
9%
28%
59%
16%
24%
63%
8%
29%
0%
<1%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following circumstances that may be a
barrier to placement or adoption without financial assistance:
Twelve years of age or older
Member of a sibling group of two or more children placed
for adoption together, where one of the siblings has one of
the special needs factors or conditions listed here
Member of a sibling group of 3 or more children placed
together
Medically diagnosed physical disability that requires
professional treatment, impairs normal functioning,
requires assistance in self-care or special equipment.
Significant developmental disabilities and/or delays with
demonstrated need for intensive adult supervision beyond
chronological age
Diagnosed as having a behavioral or emotional disability
(psychiatric condition) that impairs the child’s intellectual,
behavioral or social functioning.
Factors in the child’s genetic, health, and/or social background
exist that are indicators that the child may develop physical,
emotional or developmental problems at a later date
Age 2
Age 9
Age 16
$400
$400
$400
$2,000
$9,138,270
Post-adoption services are for children previously in Kansas state
custody, administered by DSRS and contracted through outside
agencies. Services include the following:
Advocacy
Case management
Support groups
Parenting education
Family preservation
Day care
http://www.nacac.org/stateprofiles/kansas.html
56
KENTUCKY
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Annual
Permanency
Planning
Termination of
Parental
Rights (TPR)
Adoption
Proceedings
and
Preparation
HB 159 (2006) – Chapter No. 45 – Discusses the rights of foster parents, including the right to
have priority consideration for adoption if a foster child who has been placed in the foster
home for at least 12 consecutive months becomes eligible for adoption and it is in the child’s
best interest.
SB 16 (2005) – Chapter No.175 – Discusses requirements for homestudies of prospective
adoptive home, including when they are to be conducted, who must conduct them and under
what circumstances, and for whom they must be conducted.
HB 355 (2003) – Chapter No. 166 – Requires a fingerprint check with the Department of State
Police and the FBI before any applicant is approved as an adoptive home and requires these
checks annually for certified adoptive and foster homes.
SB 16 (2005) – Chapter No.175 – Increase the adoption application fee paid to the Cabinet from
$150 to $200.
SB 219 (2002) – Chapter No. 287 – Requires that adoptive parents and court be given nonidentifying background information about adoptee's biological parents from the child placing
agency or the cabinet no later than the date of finalization of adoption proceedings.
PostAdoption
HB 300 (2004) – Directs the agency to file a petition and motion for TPR trial within 7 days of
determining that reasonable efforts to reunify the child with the parent will not be made.
HB 551 (2002) – Increases fee paid to a guardian ad litem in voluntary and involuntary termination of
parental rights hearings.
Adoptive Home Recruitment
and Approval
SB 16 (2005) – Chapter No. 175 – Requires a petition for temporary custody and a notice of
intent to adopt to be filed with the court when temporary custody is sought prior to the
secretary's ruling on an application for adoption and requires notice to the agency; and
requires hearing on the petition and on the status and custody of the child if the adoption is
not finalized within 6 months of the hearing on temporary custody.
HB 300 (2004) – Changes timeframes for public agency reports to the court surrounding reasonable
efforts to reunify the child with parents and to notify the court prior to the expiration of one year of the
child entering foster care and requires court to enter a written order of the permanency plan.
HB 202 (2002) – Chapter No. 279 – Specifies that tuition waiver for foster and adopted children
applies to undergraduate programs and may include part-time students and adds that out-ofstate adopted student may be eligible for waiver.
Other Adoption-Related
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 383 (2005) – Act. No. 137– Establishes Office for Faith-Based and Community Nonprofit
Social Services in the Office of the Governor and includes foster care or adoption in these
social services and indicates that faith-based organizations can participate in providing these
services through state funding.
HB 300 (2004) – Directs the Administrative Office of the Courts to develop an automated system to
track the placement of children in foster care, to apply for grants to implement the program, and to
require annual reports to the General Assembly and the Governor on the number of permanency
hearings, termination of parental rights hearings, and the number of adoption judgments entered.
57
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
6,814
33
1,932
9.2
559
12%
51%
81%
8.0
6,895
14
2,039
9.2
612
17%
60%
98%
8.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,974
-805
-65%
97%
7.9
69%
31%
<1%
0%
84%
16%
1%
0%
59%
16%
24%
<1%
89%
10%
2%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child that has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial assistance:
Two years of age or older and African American
Seven years of age or older with a significant emotional
attachment or psychological tie to her foster family and the
Department has determined that it would be in the child’s best
interest to remain with the family
Member of a sibling group of two or more children placed at the
same time in the same family
A physical or mental disability
An emotional or behavioral disorder
A documented risk of physical, mental or emotional disorder
Previous adoption disruption or multiple placements
Age 2
$600
Age 9
$600
Age 16
$660
$1,000
$19,834,653
Post-adoption services are administered by the Cabinet for Families and
Children, Department for Community Based Services, and largely
contracted through outside agencies. Post-adoption services include the
following:
Information, resource/referral
Education/training programs
Education material
Support groups
Support groups (Adoption Support Network)
Mentoring (Resource Parent Mentor Program)
Therapeutic intervention
Respite
http://www.nacac.org/stateprofiles/kentucky.html
58
LOUISIANA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Limited
Termination of
Parental Rights
(TPR)
Adoptive
Home
Recruitment
and Approval
SB 931 (2003) – Chapter No. 776 – Provides for the preemptive period in which to annul an
adoption.
PostAdoption
HB 372 (2004) – Provides for a statement of family history before adoption and expands what is to
be contained in the family history.
HB 2017 (2003) – Chapter No. 896 – Gives entities authorized to conduct pre-placement
home studies access to criminal records.
Adoption
Proceedings
and
Preparation
HB 261 (2005) – Chapter No. 80 – Provides for the termination of parental rights under
certain circumstances.
SB 539 (2004) – Chapter No. 664 – Relates to attorney compensation system in child
protection cases and specifically relates to indigent parents.
SB 946 (2003) – Relates to known or identified fathers’ rights regarding termination of parental
rights proceedings.
SB 249 (2004) – Chapter No. 456 – Provides corrections to Louisiana's adoption subsidy
laws for compliance with Federal regulations.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 411 (2004) – Chapter No. 915 – Revises and mandates the licensing requirements for
child placement agencies.
59
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
4,829
952
1,471
9.0
487
17%
44%
90%
7.4
4,541
860
1,315
9.2
497
17%
45%
92%
7.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,187
-455
-48%
81%
6.9
75%
16%
9%
0%
75%
15%
10%
0%
59%
16%
24%
<1%
72%
14%
14%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Any one or combination of the following conditions making it
difficult to place without subsidy:
White male, age 11 or older
Black male, infant or older
White female, age 12 or older
Black female, age 5 or older
Ethnic background
Physical condition
Mental and/or emotional condition
Membership in a sibling group that should not be
separated
High risk of developing future problems due to past and
birth family history. Provisions for exceptions to the
definition of a "special needs" child may be made on a
case-by-case basis
Age 2
$265
Age 9
$292
Age 16
$319
$1,000
$13,033,284
Post-adoption services are administered by the Department of
Social Services’ Office of Community Services and include the
following:
Information and referral
Educational programs
Educational materials
Support programs
Therapeutic intervention
Advocacy
Respite
Resource libraries
Voluntary Reunion Registry
http://www.nacac.org/stateprofiles/louisiana.html
60
MAINE
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Limited
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
HB 850 (2005) – Chapter No. 366 – Provides that when a court finds that a person is
convicted of sexual offenses against a child under 14, there is a rebuttable assumption that
that person is a danger to the child, and that residence or adoption is not in the best
interests of the child.
HB 1276 (2003) – Chapter No. 575 – Permits background checks on prospective adoptive
parents.
Post-Adoption
Adoption
Proceedings
and
Preparation
SB 210 (2005) – Clarifies that a petition to terminate parental rights can be submitted in a Probate
Court in conjunction with a petition for adoption.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 210 (2005) – SB 210 (2005) – Clarifies that a petition to terminate parental rights can be
submitted in a Probate Court in conjunction with a petition for adoption.
SB 672 (2005) – Chapter No. 471– Extends availability of tuition waivers to persons who had
been in the custody of the Department of Health and Human Services or in subsidized
adoptive care at the time of their graduation from high school or when they earned their GED.
HB 761 (2005) – Requires the state to administer a liability insurance policy for certain foster and
adoptive parents, which applies to adoptive parents who receive state assistance for adopted
children with special needs.
HB 1688 (2002) – Requires that an employer who provides parental leave to an employee in
connection with the birth of that employee's child provide comparable paid leave to an employee in
connection with that employee's adoption of a child who is less than one year old.
61
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2001
2002
2004
Nation
2003
3,084
717
979
8.1
318
22%
25%
98%
7.2
2,999
691
760
8.4
287
17%
23%
98%
7.4
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--793
-307
-25%
100%
7.1
<1%
85%
15%
0%
0%
91%
9%
0%
59%
16%
24%
<1%
74%
11%
15%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial assistance:
Five years of age or older
Minority status
Member of a sibling group of two or more children
placed in the same household
Physical handicap, mental or emotional handicap
Medical condition
Requires educational benefits beyond high school
At risk for future emotional difficulties due to having
been a victim of physical, emotional or sexual abuse,
or neglect
At risk for future problems due to factors in his/her family
background such as severe mental illness, substance abuse,
prostitution, genetic or medical conditions or illnesses
Age 2
$495
Age 9
$495
Age 16
$495
$2,000
$12,907,214
Post-adoption services are administered by the Department of Health
and Human Services (DHHS) through an eight-district system of
DHHS and parent-sponsored programs. Post-adoption services
include the following:
Information and referral
Adoption sensitivity training
Support groups
Adoption reunion registry
Therapeutic intervention
Advocacy
Respite
Residential treatment in cost share agreements with family
http://www.nacac.org/stateprofiles/maine.html
62
MARYLAND
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive
Home
Recruitment
and Approval
HB 1509 (2006) – Expands the right of foster parents to include the right to primary consideration as
adoptive parents.
Adoption
Proceedings and
Preparation
SB 239 (2006) – See “Termination of Parental Rights” above.
HB 826 (2005) – Chapter No. 464 – See “Termination of Parental Rights” above.
HB 1149 (2004) – Changes the age at which a child can consent to an adoption from 10 years old to
14 years old.
PostAdoption
SB 239 (2006) – Requires that a court consider whether a parent has been convicted of a rape that
resulted in the conception of a child in determining whether to terminate parental rights or allow
adoption of a child without consent.
HB 826 (2005) – Chapter No. 464 – Revises laws relating to termination of parental rights,
guardianship, and adoption, appointment of counsel, disclosure of court information, consent
of a guardian to adoption, private agency guardianship and adoption, and permanency
planning.
HB 9 (2003) – Chapter No. 113 – Exempts out-of-state placement agencies from the
educational costs of children they place in residential care situations or adoption since the
adoptive parents are county taxpayers.
Other AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 615 (2005) – Requires the Department of Human Resources to allocate no less than $500,000 to
implement and monitor a program that will allow child adoption agencies to contract with the state to
provide placement services for children in public foster care who have no permanency resources.
HB 540 and SB 390 (2002) – Chapter No. 376 – Repeals a termination provision on the
requirement that employers grant leave to an employee when a child is placed with an
employee for adoption.
63
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
12,026
1,711
2,998
9.3
949
12%
51%
98%
7.3
11,521
1,527
2,589
9.9
742
13%
60%
98%
7.7
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,338
-914
-50%
97%
7.5
51%
3%
46%
<1%
56%
4%
40%
0%
59%
16%
24%
<1%
58%
4%
39%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child shall be one for whom the local department or agency which
holds guardianship has made reasonable efforts to find an adoptive
family without subsidy, but has not been successful because of one or
more of the following factors:
Six years old and over, but not yet 18 years old
Race or ethnic background, as follows:
(i) The child’s membership in a minority race or ethnic group
alone does not qualify for subsidy,
(ii) Documentation in the child’s records shall clearly indicate
how the child’s minority background, in addition to other
special needs, prevented an adoptive placement without
subsidy
Physical or mental disability or risk of it
Emotional disturbance
Membership in a sibling group
Recognized high risk of physical or mental disease
Age 2
$535
Age 9
$535
Age 16
$535
$2,000
$16,094,077
Post-adoption services are administered by the Department of Human
Resources’ Social Services Administration and include the following:
Information and referral
Counseling
Search, contact and reunion services
Waiver of higher education tuition and fees
Provision of medical and family history
Childcare reimbursement
http://www.nacac.org/stateprofiles/maryland.html
64
MASSACHUSETTS
ADOPTION LEGISLATION PASSED:
Number of Adoption Bills Passed: 0
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
Adoption
Proceedings
and
Preparation
PostAdoption
Other AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
•
SB 69 (2005) – Promotes the permanent placement of children with fit parents and relates to
concurrent jurisdiction for juvenile court with probate and family courts.
•
SB 81 (2005) – Directs DSS to notify the foster parents of children placed in foster homes for longer
than 6 months of the decision to commence a proceeding relative to adoption and termination of
parental rights.
•
SB 62 (2005) – Requires DSS to obtain unanimous consent from adults 18 years or older before
placing a child or children into household for foster or adoptive care and requires a full maintenance
check of homestead on all homestudies to include child endangerment hot spots, e.g., faulty wiring,
lead paint.
SB 2147 (2005) – States that placing more than 6 related children in a foster or adoptive home
requires approval by DSS Commissioner or designee.
•
•
HB 721 (2005) – Relates to adoption forms, specifically, the surrender of child to make surrender null
and void if the adoption of the child does not proceed.
•
HB 1224 (2005) – Relates to tuition waivers for children in custody of MA DSS or that were adopted
from DSS by eligible MA resident.
•
•
HB 3796 (2005) – Includes parents who adopt children in the definition of maternity leave.
HB 3827 (2005) – Provides tax incentives to companies for providing birth and adoption benefits to
employees.
HB 4776 (2005) – Allows a religious organization to take any action with respect to the provision of
adoption or foster placement services which is calculated by such organization to promote its
religious principles and which does not discriminate among prospective adoptive parents.
•
65
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
12,510
1,213
3,109
6.9
808
16%
60%
95%
6.6
12,608
1,009
3,069
7.0
733
17%
60%
88%
6.5
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--3,036
-812
-58%
90%
6.6
99%
0%
1%
0%
99%
0%
1%
0%
59%
16%
24%
<1%
100%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that
may be a barrier to placement or adoption without financial
assistance:
A member of an ethnic or cultural minority for whom
reasonable, but unsuccessful, efforts to place the child in a
pre-adoptive home were made and documented
A member of a sibling group of three or more to be
adopted together
A member of a sibling group of two to be adopted together
and one of the children is eight years of age or older
One or more special needs as a result of a mental,
emotional, or physical impairment, behavioral disorder, or
medical condition that has been diagnosed by a licensed
professional who is qualified to make the diagnosis
A birth and/or family history which places the child at risk
of having special needs but, due to the child's age, a
reasonable diagnosis cannot be made
Age 2
Age 9
Age 16
$448
$464
$515
$400
$28,663,171
Post-adoption services are funded by the Department of Social
Services and are provided through Adoption Journeys in
Massachusetts, formerly known as Adoption Crossroads. Services are
available to all adopted children in Massachusetts and include the
following:
Information and referral (24 hr.)
Adoption competency training
Support groups, parent liaisons
Adoption counseling
Respite
Regional Response teams (short-term crisis support)
http://www.nacac.org/stateprofiles/massachusetts.html
66
MICHIGAN
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 10
Legislative Sessions: Annual
Permanency
Planning
Termination of
Parental
Rights (TPR)
HB 727 (2004) – Chapter No. 542 – States that adoption of a child or the placement of a child
for adoption under the Adoption Code would terminate the right of a grandparent to
commence an action for grand-parenting time with that child, unless the child was adopted
by a stepparent.
Adoptive
Home
Recruitment
and Approval
SB 1441 (2003) – Chapter No. 476 – Sets requirements for the family court to conduct a
review hearing for a child remaining in placement beyond the first year following TPR and
requires the family court to conduct a permanency planning hearing within 12 months after
a child was removed from his or her home annually after that..
Other Adoption-Related
Post-Adoption
Adoption Proceedings
and Preparation
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 5399 (2005) – States that two unmarried persons may join in the adoption of a child and
together shall file a petition with the court.
SB 702 (2003) – Chapter No. 68 –Eliminates a requirement that the prospective adoptive
parent be a Michigan resident in order to receive a temporary placement.
HB 6010 (2003) – Chapter No. 487 – Allows all interested parties to participate in
proceedings regarding the adoptive child, including the child; discusses jurisdiction of
proceedings with more than one applicant or if the petitioner and adoptee reside outside of
the state; discusses circumstances for overturning adoption when TPR is appealed; and
describes processes for granting adoption order when petitioner is not able to get consent.
HB 6008 (2003) – Chapter No. 486 – Requires consent of the entity that has permanent
custody of a child before an adoption order can be finalized, gives prospective parents an
avenue to appeal this, and requires court to provide notice of the motion for a hearing to all
interested parties in a petition and discusses jurisdiction for petitions.
SB 271 (2005) – Chapter No. 147 – Allows Department to continue adoption subsidy
payments to families after the eighteenth birthday of an adoptee who meets several criteria.
HB 4769 (2004) – Chapter No. 193 – With regards to subsidy requirements, requires the FIA
to certify that the adopted child is a “child with special needs” which means an individual
under 18 years of age for whom the state has determined, among other things, that the child
cannot or should not be returned to the home of the child’s parents and requires a judicial
finding of this.
SB 283 (2003) – Chapter No. 172 – Requires the Department to continue adoption subsidy
payments to families after the eighteenth birthday of an adoptee who meets several criteria.
SB 271 (2005) – Chapter No. 147 – In addition to appropriating funds, requires the
development of a plan to provide client-centered results-oriented programs and services for
the adoption subsidy program, requires participation in the CFSR reporting process; and
allows private nationally accredited foster care and adoption agencies to conduct their own
staff training.
HB 5516 (2003) – Chapter No. 344 – Directs FIA to allow nationally accredited private foster
care and adoption agencies to conduct their own staff training using current FIA policies
and procedures
HB 6009 (2003) – Chapter No. 470 – Specifies that the superintendent of the Michigan
Children's Institute (MCI) has the power to make decisions on behalf of a child committed to
the MCI
67
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
21,251
7,167
6,862
9.4
2,848
40%
40%
95%
7.2
21,376
7,155
7,136
9.7
2,622
28%
39%
94%
7.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--6,766
-2,801
-35%
90%
7.2
54%
9%
37%
0%
54%
7%
39%
0%
59%
16%
24%
<1%
54%
7%
39%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
The minimum requirements for certification of eligibility for a statefunded support subsidy are:
Has been in foster care for at least 4 months immediately
prior to the certification request;
Reasonable effort has failed to locate a family willing to
adopt without support subsidy or a particular family is
determined to be the only placement in the child's best
interest;
Certification request is filed before the child's eighteenth
birthday; and
Certification is approved before the petition for adoption is
filed.
Age 2
$444
Age 9
$444
Age 16
$547
$2,000
$98,761,902
Post-adoption services are administered by the Family
Independence Agency (FIA), Child and Family Services
Administration through FIA, contracted agencies, and parent
organizations. Post-adoption services include the following:
Information and referral
Educational programs
Educational materials
Support groups
Therapeutic intervention
Advocacy
Confidential Intermediary Program
Tuition incentive program
Recreation and training programs
http://www.nacac.org/stateprofiles/michigan.html
68
MINNESOTA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Annual
Adoptive Home
Recruitment and
Approval
Adoption
Proceedings and
Preparation
Post-Adoption
Other AdoptionRelated
STAGES OF ADOPTION
Termination
of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 2277 and SB 2179 (2003) – Chapter No. 288 – Requires the social services agency to
consider placement with a relative without delay after identifying the need for a child's
placement in foster care, and requires the agency's relative search to be comprehensive
and to include both maternal and paternal relatives.
HB 1889 (2005) – Chapter No. 159 – Provides that reasonable efforts to prevent placement
or reunification are not required under certain conditions including the involuntary TPR
related to another child.
HB 1889 (2005) – Chapter No. 159 – Directs that if a parent has subjected a child to
egregious abuse, abandoned a child, or has had rights to another child involuntarily
terminated, then either permanency pleadings or a TPR petition must be filed.
HB 1889 (2005) – Chapter No. 159 – Changes the requirement for providing past residential
addresses and of providing fingerprints for circumstances in which the agency has cause
to believe that additional information may be needed.
HB 2681 and SB 2505 (2002) – Requires training and support for foster parents and adoptive
parents and requires that foster parents be considered first as a permanent placement for the
child if the child has been in the home for a significant amount of time and it is in the child’s best
interest.
HB 1889 (2005) – Chapter No. 159 – Provides that the venue for adoptions of children in
custody is the county with the jurisdiction of the matter and that the venue can be
transferred to the petitioner’s county of residence if the petition is uncontested.
HB 2681 and SB 2505 (2002) – Requires the department to inform prospective adoptive parents
within 30 days of a child's placement of issues regarding the child that may jeopardize the health
and safety of the caregiver's family or alter the way the child is parented and allow prospective
adoptive parents to review written information regarding the child before placement.
HB 3618 and SB 3523 (2005) – Extends adoption assistance to children adopted according to
tribal regulations without TPR.
HB 1889 (2005) – Chapter No. 159 – Clarifies that only adoptive parents who are not
receiving adoption assistance can receive financial assistance through the post-adoption
service grants program established by the commissioner.
HB 3585 and SB 3199 (2005) – Chapter No. 280 – Requires that written communication or
contact agreement between prospective adoptive parents and birth relatives that are not
birth parents be included in the final decree.
HB 151 and SB 396 (2003) – Chapter No. 101 – Exempts children eligible for adoption
assistance from the prepaid medical assistance program.
HB 2912 (2002) – Increases payment rates for adoption assistance and relative custody
assistance.
HB 1278 (2005) – Allows a refundable adoption tax credit for adoption expenses.
HB 2192 and SB 2042 (2005) – Chapter No. 129 – Provides for data collection and best
practice guidelines for conducting post-adoption services.
HB 2932 and SB 2614 (2002) – Chapter No. NA – Gives court jurisdiction in a case where
adoption is the intended permanent placement disposition until the child's adoption is
finalized, the child is 18 years of age, or the child is otherwise ordered discharged from the
jurisdiction of the court
69
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
8,052
1,267
1,609
9.3
626
27%
27%
99%
6.7
7,338
1,226
1,575
9.4
644
34%
38%
98%
6.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,475
-603
-42%
100%
6.4
28%
48%
25%
20%
55%
25%
59%
16%
24%
18%
51%
31%
<1%
<1%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child is special needs if:
Child is a member of a sibling group to be placed as one unit in
which at least one sibling is older than 15 months of age or is
described in clause b. or c.
Child has documented physical, mental, emotional, or behavioral
disabilities
Child has a high risk of developing physical, mental, emotional,
or behavioral disabilities
Age 2
$247
Age 9
$277
Age 16
$337
$2,000
$20,211,682
Post-adoption services are administered and accessed through
Minnesota Adoption Support and Preservation and include the following:
Child care
Respite
Training
Website information
Newsletter
Support groups
Parent liaisons
Post-adoption service grants
http://www.nacac.org/stateprofiles/minnesota.html
70
MISSISSIPPI
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 5
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
SB 2837 (2006) – Chapter No. 328 – Expands jurisdiction for adoption proceedings based on
child’s placement, prospective adoptive parents location, and other conditions.
HB 1036 (2005) – Requires that adoption petitions be accompanied by affidavits of the petitioners
stating the amount of service fees charged and other expenses paid by the petitioners.
PostAdoption
SB 2971 (2005) – Prohibits adoption by a person delinquent in child support obligations.
SB 2950 (2005) – Creates an adoption resource exchange registry.
HB 588 (2004) – Chapter No. 527 – Allows court to require home study after adoption
petition is filed and requires child-placing agency to be licensed before they advertise in
media.
Adoption
Proceedings and
Preparation
SB 2363 (2003) – Chapter No. NA – Authorizes youth court to order annual permanency
hearings.
SB 2629 (2003) – Chapter No. NA – Clarifies the procedures for terminating parental rights in
certain cases and revises grounds for termination of parental rights in cases that involve
child abuse.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 1549 (2006) – Chapter No. 518 – Allows for a tax credit for adoption expenses.
SB 2086 (2002) – Provides for state employees special leave without pay for adoptive parents.
71
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
2,686
234
816
8.7
227
18%
62%
65%
8.3
2,812
240
824
9.0
183
13%
55%
60%
8.2
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--936
-270
-50%
86%
8.2
----
0%
0%
100%
59%
16%
24%
61%
7%
32%
--
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Six years of age or older
Racial or ethnic factors
Member of a sibling group of two or more children placed
together for adoption
Physical disability
Mental disability (IQ of 70 or less)
Developmental disability
Emotional disturbance
Medical condition(s)
History of abuse that puts a child at risk of having special needs
Age 2
Age 9
Age 16
$325
$355
$400
$1,000
$3,719,975
Post-adoption services are administered by the Department of Human
Services, Family and Children Services regional offices and through
organizations such as the Mississippi Adoption Resource Exchange
and Families First Resource Centers. Services include the following:
Information and referral
Educational materials
Support groups
Therapeutic intervention (limited)
Counseling
Retreats
Respite
http://www.nacac.org/stateprofiles/mississippi.html
72
MISSOURI
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Annual
SB 762 (2004) – Chapter No. NA – Provides that the age of the child’s relative cannot be the
only factor that the public agency takes into consideration when making placement
decisions and recommendations to the court about placing the child and requires that the
agency adhere to federal requirements for the placement of Native American children.
HB 1453 (2004) – Chapter No. NA – Requires the division to place a child with relatives if the
court has determined that the placement is not contrary to the best interests of the child.
Termination
of Parental
Rights (TPR)
Adoptive
Home
Recruitment
and Approval
Adoption
Proceedings and
Preparation
PostAdoption
Other AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 21 (2005) – Chapter No. NA – Modifies the "Adoption Awareness Law" to provide that the
Department of Social Services establish and implement an advertising campaign to recruit
adoptive and foster care families and requires the establishment of a toll-free telephone
number for information and to answer questions on adoption and foster care.
HB 1677 (2004) – Prohibits a state agency or child-placing agency from placing a child with a
person who is in a sexual relationship with someone other than a spouse.
HB 1400 (2006) – Modifies expedited proceedings for adoption and foster care to include voluntary
placements.
SB 21 (2005) – Chapter No. NA – Places the $50 adoption filing fee into the Putative Father
Registry Fund.
SB 963 (2002) – Chapter No. NA – Prohibits the collection of fees for certifications and
authentications prior to the placement of a child for adoption in excess of $100 per child per
adoption or per multiple children to be adopted at the same time.
SB 1258 (2002) – Limits state's allowable fees for processing adoption documents to $100.
SB 539 (2005) – Chapter No. NA – Changes adoption subsidy eligibility so that children only
receive subsidies if they reside in a household with an income level that does not exceed
200% of the federal poverty level or are eligible for Title IV-E adoption assistance.
SB 60 (2005) – Increases the foster care reimbursement and adoption subsidy rates over a fouryear period.
SB 1229 (2006) – Requires applications for the adoption tax credit to be filed between July 1st and
April 15th of each year and allows for use of unused adoption tax credits to go to the Child in Crisis
Tax Credit and vice versa.
HB 1453 (2004) – Chapter No. NA – Revises the Special Needs Child Adoption Tax Credit,
beginning July 1, 2004 to increase the cap to $4 million and to privatize some services to
children and families.
SB 963 (2002) – Chapter No. NA – Provides certain rights to foster parents, which include
notification when the child is going to be removed from the foster home and put in a
permanent placement when the foster parent does not adopt.
73
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
13,029
1,768
2,870
9.5
1,542
25%
71%
95%
7.1
11,900
1899
3,385
8.9
1,405
28%
75%
98%
7.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--3,295
-1,391
-75%
98%
7.0
67%
9%
24%
1%
63%
6%
30%
<1%
59%
16%
24%
<1%
70%
5%
25%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION PROGRAMS/ POLICIES
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may be
a barrier to placement or adoption without financial assistance:
Five years of age or older, without any other characteristics listed
below
Minority racial or ethnic parentage
Member of a sibling group of two or more children placed in the
same adoptive home at the same time
Handicapping mental, physical or emotional condition
“Guarded prognosis” indicating possible future problems related to
the child's condition or status at the time of adoptive placement
Age 2
$225
Age 9
$275
Age 16
$304
$2,000
$26,698,086
Post-adoption services are administered through the Department of Social
Services’ Children’s Division as well as adoptive family organizations and
include the following:
Information and referral
Education programs
Support groups program
Therapeutic intervention
Advocacy
Respite
Residential treatment
State adoption registry
http://www.nacac.org/stateprofiles/missouri.html
74
MONTANA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Biennial
Permanency
Planning
Termination
of Parental
Rights (TPR)
HB 95 (2003) – Chapter No. 504 – Eliminates requirement for review following termination of
parental rights.
Adoptive
Home
Recruitment
and Approval
HB 95 (2003) – Chapter No. 504 – Allows waiver for post-placement evaluation for adoption
by an extended family member.
Adoption
Proceedings
and
Preparation
HB 95 (2003) – Chapter No. 504 – Provides for release of certain adoption information
necessary to assist an adoptee become enrolled in or a member of an Indian tribe.
PostAdoption
SB 119 (2005) – Chapter No. 382 – Authorizes a foster care review committee or a citizen
review board to conduct a permanency hearing subject to approval by the court and absent
objection by a party to the proceeding, describes who must be on such a committee, and
other requirements for the hearings.
Other
AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 95 (2003) – Chapter No. 504 – Provides that agencies allowed to place children for
adoption must be licensed in Montana.
75
ADOPTION INDICATORS:
2002
2003
2004
Nation
2004
1,912
1,866
517,000
--
Children whose parental rights have been terminated
604
587
65,000
--
Total number of children waiting to be adopted
687
656
118,000
726
9.9
10.0
8.8
--
Children in foster care on September 30
Mean age of waiting children (in years)
247
224
52,000
192
Within 24 months of latest removal (in percent)
22%
23%
--
--
Time between TPR and adoption less than 12 months (in percent)
41%
43%
52%
62%
Receiving a subsidy (in percent)
93%
90%
89%
89%
Mean age at finalization (in years)
7.1
6.8
6.9
6.3
Foster parent
86%
91%
59%
90%
Non-relative
2%
1%
16%
2%
Relative
12%
8%
24%
9%
Step-parent
0%
0%
<1%
0%
Total number of children adopted
Adopted by (in percent)
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following criteria that serve as a barrier to
placement or adoption without financial assistance:
Diagnosed as having a physical, mental, or emotional disability
Recognized to be at high risk of developing a physical, mental or
emotional disability
Member of a minority group
Six years of age or older
Member of a sibling group to be placed together for adoption
Age 2
$441
Age 9
$441
Age 16
$553
$2,000
$4,167,739
Each region of Montana has a permanency planning specialist who
provides or arranges for post-adoption services. Families can request
services by contacting their adoption assistance worker or the adoption
program officers. Some organizations privately provide some support
services. CFSD workers provide information and referral to adoptive
families upon request.
http://www.nacac.org/stateprofiles/montana.html
76
NEBRASKA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 1
Legislative Sessions: Annual
Adoptive
Home
Recruitment
and Approval
Post-Adoption
LB 1155 (2006) – Requires that potential adoptive parents have access to case records that
provide information regarding the child’s physical, mental, and behavioral well-being, including the
results of most recent professional evaluations and enables them to request information.
LB 1155 (2006) – Changes provisions relating to special needs adoptions to require that payments
be made related to any physical, mental, or behavioral health concerns indicated in the child’s case
record rather than just on behalf of a “special needs” child.
LB 173 (2003) – Provides continued medical assistance for children adopted by persons seventy
years of age and older.
LB22B (2002) – Chapter No. NA – Provides a subsidy payment of $1000 per year for the year
of adoption and up to four succeeding years for all adoptions decreed on or after January 1,
2000, and taking place on or before January 1, 2001.
Other Adoption-Related
Adoption
Proceedings
and
Preparation
STAGES OF ADOPTION
Termination
of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
LR 76 (2005) – Resolution requesting that the Legislative, Executive, and Judicial branches of
government combine efforts to insure and improve timely and safe permanent placements of
children and to provide adequate resources to the systems striving to accomplish this work.
LR 340 (2004) – Mandates a comprehensive review of adoption procedure in Nebraska that
identifies specific issues to consider in detail and proposes appropriate revisions or changes to
such statutes.
77
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
6,377
290
621
6.5
356
17%
57%
75%
6.8
6,091
306
796
7.1
281
19%
59%
64%
6.8
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--914
-367
-52%
92%
7.5
44%
11%
39%
51%
29%
20%
59%
16%
24%
53%
19%
28%
7%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION PROGRAMS/ POLICIES
FOR MORE INFORMATION
Requires documentation that the child has at least one of the following
special needs:
Age (if age is the only special need, children age seven or
younger generally are not considered eligible)
Membership in a sibling group of three or more to be placed
together
Strong attachment to foster/adoptive parents by whom the child
is to be adopted, so that breaking the attachment would be
harmful to the child
Behavioral, emotional, physical, or mental handicap
Age 2
Age 9
Age 16
$222
$291
$351
$1,500
$7,444,564
Post-adoption services are administered by the Department of Health
and Human Services’ Office of Protection and Safety through contracted
agencies and parent organizations. Services include the following:
Information and referral
Educational programs and materials
Family-centered support services
Talk Adopt (Internet chat room)
Adoption searches
http://www.nacac.org/stateprofiles/nebraska.html
78
NEVADA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Biennial
AB 273 (2003) – Chapter No. 103 – Establishes procedures for permanently placing an
abused or neglected child with a guardian and provides for a statement explaining why
appointment of a guardian, rather than adoption, is in the best interests of the child.
Post-Adoption
Adoption
Proceedings and
Preparation
Adoptive Home
Recruitment and
Approval
Termination
of Parental
Rights (TPR)
•
AB 50 (2005) – Requires that information concerning the medical history and other medical
information about the natural parents and certain relatives of an adopted person be included in the
State Register of Adoptions.
ACR 2 (2005) – Requests Nevada Supreme Court to review manner in which district courts receive
and decide petitions to open files and records of courts in adoption proceedings and report findings.
AB 51 (2005) – Chapter No. 413 – Provides a procedure for parties to an adoption to enter
into an enforceable agreement that provides for post-adoptive contact.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
79
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
3,291
-534
6.3
254
29%
36%
96%
6.6
3,599
273
1,070
6.7
287
19%
32%
95%
6.2
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,153
-278
-34%
90%
6.1
67%
12%
21%
65%
12%
23%
59%
16%
24%
73%
6%
21%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has a specific factor or condition because of which it is reasonable
to conclude that such child cannot be placed with adoptive parents
without providing adoption assistance, including:
Child is 6 years of age or older if age is the only determining
factor
Member of a sibling group of two or more to be placed together,
and at least one of the children is age 6 years old
Has a diagnosed medical, physical, emotional, or mental
disability or documented history of abuse/neglect which requires
ongoing treatment
Belongs to a minority race or ethnic group and children of that
group cannot be readily placed due to lack of placement
resources
Age 2
Age 9
Age 16
$592
$592
$682
$250
$5,022,612
Post-adoption services are administered by the Department of Human
Resources (DHR) through DHR and separately through private agencies
and parent groups. Post-adoption services include the following:
Information and referral
Educational programs (parent training)
Support groups
Family preservation
Case management
Therapeutic intervention/counseling
Respite
Search registries
http://www.nacac.org/stateprofiles/nevada.html
80
NEW HAMPSHIRE
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 8
Legislative Sessions: Annual
Termination of Parental Rights (TPR)
Adoptive
Home
Recruitment
and Approval
HB 687 and SB 807 (2003) – Establishes special adoption services number plates and devotes some
of the plates’ fees equally among all persons licensed by state law to place minors for adoption in the
form of adoption services grants.
PostAdoption
Adoption
Proceedings and
Preparation
HB 1285 (2006) – Chapter No. 200 – Clarifies the circumstances under which a parent
surrendering parental rights has a right to counsel and provides that the surrender of parental
rights is not required of an alleged father who is convicted of an offense that resulted in the
conception of the adoptee.
HB 585 (2005) – Chapter No. 235 – Provides that parental rights may be terminated based on a
conviction for felony assault, manslaughter, or murder of certain persons related to the
defendant.
SB 406 (2004) – Chapter No. 255 – Clarifies the procedure for surrender of parental rights prior
to adoption.
HB 153 (2003) – Chapter No. 79 – Expands the grounds for termination of parental rights to
include conviction for murder, manslaughter, attempted murder, or attempted manslaughter of
the other parent, or felony assault which resulted in serious injury to the other parent.
HB 620 (2003) – Chapter No. 11 – Establishes a right to counsel for indigent parents and other
protections in cases involving the guardianship of minors.
HB 123 and SB 381 (2003) – Chapter No. 140 – Amends the notice requirements for persons
claiming paternity prior to adoption and provides that an order granting a withdrawal of
consent to adoption shall also revoke the other parent's consent and trigger future notice
requirements.
HB 207 and SB 305 (2005) – Requires the court to appoint a guardian ad litem for the child in an
adoption proceeding.
HB 463 (2003) – Chapter No. 240 - Makes the family division of the courts currently operating
as a pilot program in Grafton and Rockingham counties a permanent component of the
judicial branch and includes adoption hearings under its jurisdiction.
SB 21 (2005) – Chapter No. 246 – Establishes criteria for the adoption and enforcement of
voluntary mediated agreements between the birth and adoptive parents and the department of
health and human services in adoptions involving a child under the legal custody or
guardianship of the department.
Other
Adoption
-Related
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
81
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,291
25
193
8.2
114
13%
67%
97%
8.0
1,217
20
177
8.7
131
10%
64%
89%
7.5
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--241
-102
-66%
100%
8.0
78%
14%
8%
82%
8%
10%
59%
16%
24%
83%
12%
5%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Six years of age or older (if age is the only factor used to
determine the need for adoption assistance)
Member of a minority or ethnic group
Member of a sibling group of two or more which should be placed
together
Physical or mental handicap or emotional disturbance
Language barrier
Age 2
$552
Age 9
$601
Age 16
$709
$2,000
$2,724,719
Post-adoption services are administered by the Department of Health
and Human Services’ Department of Children, Youth and Families and
include the following:
Resource and referral
Educational programs
Educational materials
Respite
Support groups
Case management
Counseling
Adoption search services
http://www.nacac.org/stateprofiles/newhampshire.html
82
NEW JERSEY
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
Adoptive Home
Recruitment and
Approval
AB 4158 and SB 2664 (2005) – Chapter No. 169 – Defines resource family parents to include a
person licensed to provide resource family care to a child who has been placed by DYFS
with the person for the sole purpose of adoption as only certain pre-adoptive parents are
licensed as resource family parents.
AB 2071 and SB 1698 (2002) – Chapter No. 286 – Allows release of records concerning
domestic violence to adoption agencies.
Post-Adoption
AB 1869 (2003) – Requires DHS to pay for most adoption proceedings costs including some fees
and other costs.
AB 1949 (2002) – Establishes separate Superior Court adoption fees for subsidized adoptions.
AB 4158 and SB 2664 (2005) – Chapter No. 169 – Amends law so that adoption subsidy
payments may not exceed the cost of providing comparable assistance in resource family
care and are not made after the adoptive child reaches the age of 18 and clarifies that
payments cover the full costs of providing care for an adoptive child until the child reaches
the age of 21 if child is enrolled as a student of a secondary school.
AB 2707 and SB 1763 (2004) – Requires adopted person or birth parent to notify approved agency
when hereditary disease is diagnosed after adoption is finalized.
SB 2841 (2003) – Requires parent receiving adoption subsidy to arrange for medical examination
and enroll adopted child in school.
SB 972 (2002) – Requires the state to pay the higher education costs of students who are in out-ofhome placements or have been placed in adoptive homes.
Other Adoption-Related
Adoption
Proceedings
and
Preparation
STAGES OF ADOPTION
Termination
of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
AB 2826 and SB 1047 (2004) – Extends definition of sick leave to include birth or placement for
adoption of child.
AB 2685 and SB (2002) – Chapter No. NA – Requires Department of Social Services to
consider the moral character of the persons supervising or conducting the placement for
adoption program, adequacy of facilities, and confidentiality of casework records.
AB 235 (2002) – Allows taxpayers to deduct adoption expenses from gross income.
AB 224 and 228 (2002) – Provides up to 12 weeks of benefits for leave for workers to be at home
with children during the first twelve months after adoption.
83
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
12,801
2,969
5,466
6.3
953
15%
36%
92%
6.0
2004
Nation
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--5,156
-1,328
-32%
95%
6.3
78%
23%
0%
0%
59%
16%
24%
<1%
80%
20%
0%
0%
2002
2003
11,442
2,863
5,073
6.3
1,385
17%
43%
93%
6.2
83%
17%
0%
0%
2004
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES. FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child is reasonably expected not to be placed for adoption due to the lack
of a prospective adoptive home for any of the following reasons:
Medical or dental condition requiring repeated or frequent
hospitalization or treatment
Physical handicap which makes a child totally or partially
incapacitated for education or for remunerative occupation
Any substantial disfigurement
Diagnosed emotional or behavioral problem, psychiatric disorder,
serious intellectual incapacity, or brain damage which seriously
affects the child's ability to relate to his peers or authority figures;
One of a group of three or more siblings (including half-siblings)
and it is considered necessary that the group be placed together, or
the child is one of two siblings, one of whom meets the hard-toplace criteria
10 years old or older
Over two years of age and a member of an ethnic group for whom
adoptive homes are not readily available
Over five years of age and has been living with foster parents for at
least 12 months and adoption by the foster parents is the most
appropriate plan for the child
Age 2
Age 9
Age 16
$420
$453
$526
$2,000
$26,502,962
Post-adoption services are administered by the Division of Youth and
Family Services and Office of Resource Family and Adoption Support
through contracted, non-profit agencies. Services include the following:
Information and referral
Educational programs and materials
Support groups
Advocacy
Respite
Adoption registry (search services)
Behavioral supports
Post-adoption counseling services
http://www.nacac.org/stateprofiles/newjersey.html
84
NEW MEXICO
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Limited
HB 223 and SB 214 (2005) – Chapter No. 188 – Following removal from the child’s home,
requires that reasonable efforts be made to place the child in a licensed facility that
provides culturally competent care and access to appropriate cultural practices, including
traditional treatment, as determined in consultation with the child's tribe.
Termination of
Parental Rights
(TPR)
Adoptive
Home
Recruitment
and Approval
HB 736 (2003) – Chapter No. 294 – Defines adoption services, which includes performing a
home study on a prospective adoptive parent making determinations regarding the best
interests of a child and the appropriateness of an adoptive placement for the child.
Adoption
Proceedings
and
Preparation
HB 736 (2003) – Chapter No. 294 – Defines adoption services, which includes performing
post-placement monitoring of a child until an adoption is final.
PostAdoption
HB 736 (2003) – Chapter No. 294 – Defines adoption services, which includes securing
termination of parental rights to a child or consent to adoption of the child.
HB 811 (2003) – Describes conditions for terminating parental rights, allows parents to nominate
potential guardians, and requires hearings to determine whether nominees are appropriate
guardians or adoptive parents.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 59 (2004) – Provides payments for subsidized adoptions until a child reaches 21 years of age.
SB 778 (2003) – Chapter No. 395 – States that a medical insurance policyholder's newborn child or
newly adopted child is automatically eligible for thirty-one consecutive calendar days of coverage
for an additional premium.
85
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,885
12
514
8.3
275
31%
63%
87%
7.1
2,100
5
584
8.1
220
33%
59%
84%
7.5
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--635
-265
-64%
98%
6.7
28%
45%
27%
77%
1%
21%
59%
16%
24%
82%
1%
17%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Five years of age or older
Member of a minority group
Member of a sibling group of two or more children to be placed
together
Diagnosis of an emotional, physical, psychological or mental
condition requiring medical intervention
Age 2
Age 9
Age 16
$408
$441
$467
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
$2,000
$11,701,871
Post-adoption services are administered by the Children, Youth and
Families Department’s (CYFD) Protective Services Division through
CYFD and private and parent organizations. Post-adoption services
include the following:
Information and referral
Support groups
Therapeutic intervention
Specialized equipment
Residential treatment
Mediation/search services
Psychological services
http://www.nacac.org/stateprofiles/newmexico.html
86
NEW YORK
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
Permanency
Planning
AB 11792 and SB 8435 (2006) – Chapter No. NA – Makes technical amendments to the
comprehensive permanency law reform signed into law as Chapter 3 in 2005 (below).
AB 7225 and SB 5805 (2005) – Chapter No. 3 – Facilitates permanency planning for children in
foster care and bring New York more affirmatively into compliance with federal guidelines
mandated in the Adoption and Safe Families Act (ASFA) and requirements under Title IV-E of
the Social Security Act.
AB 11656 and SB 7027 (2002) – Chapter No. NA – Provides time frames for combined
dispositional and permanency hearings for termination of parental rights and children freed
for adoption proceedings.
Termination
of Parental
Rights (TPR)
AB 8089 (2003) – Ensuring "one family, one judge" in adoption, surrender and termination of parental
rights proceedings so that the same judge presides over the outset of a child protective proceeding to
the realization of a permanent home for the child.
AB 11656 and SB 7027 (2002) – Chapter No. NA – See “Permanency Planning” above.
Adoptive Home
Recruitment and
Approval
AB 3693 (2005) – Provides that domestic partners may adopt children together.
SB 7265 (2004) – Authorizes the development of a curriculum for adoptive and foster parents.
SB 3571 (2003) – Authorizes no new full investigation of parent when transitioning from foster parent
to adoptive parent.
SB 3687 (2003) – Provides that the permanent impairment or incapacitation of one spouse shall not
preclude a husband and wife from adopting together or a competent spouse from adopting as a
single parent.
Adoption
Proceedings and
Preparation
AB 5122 and SB 1302 (2005) – Permits the continuation of a petition for adoption in the event of the
death of one of the adoptive parents.
AB 8089 (2003) – See “Termination of Parental Rights” above.
AB 3878 (2003) – Eliminates need for consent of a parent to the adoption of his or her child when
such parent has previously consented, in writing, to other parents' surrender of child to or to the
adoption of the child.
Post-Adoption
AB 4563 (2003) – Establishes the Post-Adoption Services Program under the Office of Children and
Family Services and lists optional services to be provided to adoptive families.
AB 3877 (2003) – Requires that adoptive parents sign a statement of understanding relating to the
visiting rights of the biological grandparents of an adopted child as provided in law.
AB 9581 (2002) – Relates to judicial approval, enforcement, and modification of open adoption
agreements regarding communication or contact between adoptive parents, children, siblings, half
siblings and birth parents.
Other AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
AB 4606 (2003) – Allows for leave of absence by public and private employer to every parent
adopting a child one year old or younger with leave for period of one year.
AB 5325 (2003) – Provides that a child in foster care who is freed for adoption from an authorized
agency shall continue to be represented by a legal guardian until such child is adopted.
AB 10190 (2002) – Establishes a tax credit for allowable expenses associated with the adoption of a
child by a resident taxpayer.
87
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
40,753
8,838
13,926
9.2
3,791
4%
38%
97%
8.5
37,067
8,352
12,742
9.5
3,870
4%
38%
96%
8.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--11,077
-4,258
-40%
95%
8.6
-----
-----
59%
16%
24%
<1%
-----
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Special needs child falls under one of two categories—handicapped
child or hard to place child. Handicapped refers to a child who
possesses a specific physical, mental, or emotional condition or
disability of such severity or kind that, constitutes a significant obstacle
to the child's adoption. Hard-to-place refers to variety of different
conditions, among them:
Member of a group of two siblings (including half-siblings) who
are free for adoption and it is considered necessary that the
group be placed together
Eight years old or older and is a member of a minority group
which is substantially over-represented in New York State foster
care in relation to the percentage of that group to the State's
total population
Ten years old or older
For a full definition of special needs in New York State, please refer to
the link to more information provided below.
Metro
Upstate
Age 2
$460
$419
Age 9
$541
$504
Age 16
$626
$583
$2,000
$205,273,648
Post-adoption services are provided by the local social services district
or a voluntary authorized agency whose services have been purchased
by the local social services district in which the adoptive parents reside.
These services may include:
Information and referral
Support groups (parent/family)
Counseling
Respite
Therapeutic/crisis intervention
Walk-in centers
http://www.nacac.org/stateprofiles/newyork.html
88
NORTH CAROLINA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Limited
Termination
of Parental
Rights (TPR)
Adoptive Home
Recruitment
and Approval
Adoption
Proceedings and
Preparation
HB 532 (2005) – Chapter No. 2005-166 – Streamlines adoption procedure by requiring
consent from those persons whose parental status has been determined.
PostAdoption
HB 855 (2003) – Chapter No. NA – Authorizes the DMV to issue "Celebrate Adoption" license
plate.
HB 1674 (2002) – Allows the Mecklenburg County Sheriff to perform pre-placement criminal
records checks of prospective adoptive parents.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 721 (2003) – Allows an adoptive parent, a birth relative, and a child 12 years of age or older to
enter into a post-adoption privileges agreement before or at the time a decree of adoption is
granted.
SB 1571 (2006) – Authorizes state legislative research commission to study the topic of postadoption contacts and communication between an adopted child and a birth relative.
89
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
9,527
1,816
3,130
9.0
1,324
29%
62%
98%
7.0
9,534
1,825
3,101
9.0
1,296
32%
62%
96%
7.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--3,097
-1,198
-72%
97%
6.7
56%
23%
21%
<1%
68%
19%
14%
<1%
59%
16%
24%
<1%
71%
15%
14%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Age
Member of a minority or ethnic group
Member of a sibling group to be placed together
Known and diagnosed medical, mental, or emotional conditions
that will require periodic treatment or therapy of a medical or
remedial nature
Need for placement with a known and approved family
Age 2
Age 9
Age 16
$390
$440
$490
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
$2,000
$24,697,285
Post-adoption services are administered through the Department of
Health and Human Services, Division of Social Services and private and
family organizations. Post-adoption services include the following:
Information and referral
Support groups
Advocacy
Respite
http://www.nacac.org/stateprofiles/northcarolina.html
90
NORTH DAKOTA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 1
Legislative Sessions: Biennial
Termination
of Parental
Rights (TPR)
Adoptive
Home
Recruitment
and Approval
Post-Adoption
Adoption
Proceedings
and
Preparation
SB 2036 (2003) – Chapter No. NA – Requires that adoption assistance provided after adoption
to a child with special needs must be provided without regard to the income or resources of
the adopting parents.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
91
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,197
194
321
7.3
137
30%
60%
51%
4.3
1,238
192
320
7.1
120
22%
53%
63%
6.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--283
-128
-62%
69%
5.3
47%
53%
0%
67%
32%
2%
59%
16%
24%
67%
31%
2%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may be
a barrier to placement or adoption without financial assistance:
Seven years of age or older and under eighteen years of age
Member of a minority race
Member of a sibling group of two or more children placed in the
same adoptive home
Physical, mental, or emotional disability
High risk of a physical, mental, or emotional disability as diagnosed
by a licensed physician
Age 2
$351
Age 9
$397
Age 16
$517
$2,000
$2,758,576
Post-adoption services are administered by the Department of Human
Services’ Children and Family Services Division and contracted through
private agencies. Post-adoption services include the following:
Information and referral
Support groups
Case management
Family preservation (respite, parent aid, in-home family services)
Educational programs (PRIDE)
Adoption search services
North Dakota does not have services specifically designated as postadoption services for which only adoptive parents are eligible.
http://www.nacac.org/stateprofiles/northdakota.html
92
OHIO
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 0
Legislative Sessions: Annual
Termination
of Parental
Rights (TPR)
Adoptive Home
Recruitment and
Approval
HB 529 and SB 297 (2005) – Relates to the homestudy process and requires certain components
in the homestudy, such as the other children living in the home and any prior child abuse and
neglect actions.
Post-Adoption
Adoption
Proceedings
and
Preparation
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 164 (2005) – Requires the Ohio Housing Finance Agency to develop and implement a program
to provide housing for low-income grandparents who adopt a grandchild after a parent's rights are
terminated.
SB 301 (2006) – Allows the Ohio Department of Job and Family Services to make loans to
prospective adoptive parents from the interest earned on the State's unclaimed funds.
93
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
21,038
4,612
5,731
9.2
2,396
22%
39%
96%
7.1
19,323
4,326
5,198
9.3
2,420
23%
42%
97%
7.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--4,974
-2,201
-46%
97%
6.8
68%
16%
16%
63%
15%
23%
59%
16%
24%
68%
15%
18%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that are
barriers to his/her adoption and make the adoption placement unlikely
without financial assistance:
In a sibling group who should be placed together
Member of a minority or ethnic group
Six years of age or older
Has remained in the permanent custody of a public child services
agency for more than one year
Has a medical condition, physical impairment, mental retardation
or developmental disability
Has an emotional disturbance or behavior problem
Has a social or medical history or background or the child's
biological family has a social or medical history which may place
the child at risk of acquiring a medical condition, a physical,
mental or developmental disability or an emotional disorder
Has been in the home of his/her prospective adoptive parents as
a foster child for at least one year and would experience severe
separation and loss if placed in another setting due to his/her
significant emotional ties with these foster parents
Has experienced previous adoption disruption or multiple
placements
Age 2
Age 9
Age 16
$250
$250
$250
$2,000
$130,002,525
Ohio offers a program known as Post-Adoption Special Services Subsidy
(PASSS). PASSS may be applied for after adoption finalization and
provides funding to families for the reasonable costs of allowable
services to address a child’s physical, developmental, mental, or
emotional handicap or condition. Limitations include eligibility criteria and
the availability of state funding. Funding is only available when the
assistance sought exceeds the adoptive family’s private resources and
assistance is capped at $10,000 per fiscal year.
http://www.nacac.org/stateprofiles/ohio.html
94
OKLAHOMA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 11
Legislative Sessions: Annual
Permanency
Planning
Termination of Parental Rights
(TPR)
HB 2565 (2006) – Chapter No. 258 – Allows for TPR for a child born to a parent who already
has another child removed from the home or has had parental rights terminated for another
child.
HB 2538 (2006) – Chapter No. 253 – Amends laws relating to legal custody, termination of
parental rights and waiver of notice to clarify terms and modify persons that law applies to.
SB 1750 (2006) – Allows for TPR if parent manufactured a controlled dangerous substance in the
presence of the child or another child of the parent.
HB 1250 (2005) – Chapter No. 75 – Allows court to award custody to biological parents,
prospective adoptive parents, and foster parents of the public agency at the hearing on the
petition to terminate parental rights.
SB 2304 (2002) – Requires jury trial for termination of parental rights proceedings.
SB 1661 (2002) – Chapter No. 237 – Gives timeframes for filing petition of parental rights.
SB 234 (2005) – Chapter No. 160 – Modifies provisions relating to putative fathers in
adoption, juvenile court and other court proceedings.
HB 1416 (2005) – Chapter No. 57 – Allows certain fathers to execute extrajudicial consent to
adoption, requires adoption costs disclosure before finalization, and eliminates additional
fee for pre-adoption termination of parental rights petitions.
SB 328 (2005) – Chapter No. 69 – Gives jurisdiction over case to court in county in which
child resides.
SB 881 and HB 1976 (2005) – Relates to adoption proceedings being put at the top of the docket.
Post-Adoption
SB 973 (2006) – Creates a new Interstate Compact on the Placement of Children and includes
provisions for the compact that include placing children in safe homes in a timely manner.
SB 1334 (2004) – Specifies who may adopt a child, including a husband and wife jointly if both
spouses are at least twenty-one (21) years of age or an unmarried person who is at least twentyone (21) years of age.
Adoption Proceedings
and Preparation
Adoptive
Home
Recruitment
and Approval
SB 1340 (2004) – Chapter No. 452 – Deletes time requirement for permanency hearing report
preparation and repeals section of law which relates to time frames for permanency
hearings.
SB 1661 (2002) – Chapter No. 237 – Gives timeframes for holding permanency hearings.
HB 2565 (2006) – Chapter No. 258 – Requires that adoptive parents provide the agency with
information about the child after one year of receiving assistance and information about
their eligibility for benefits.
SB 417 (2005) – Expands category of persons who may enter into written agreements with
adoptive parents to continue contact with adopted child to include birth relatives.
HB 1074 (2002) – Chapter No. NA – Expresses legislative support of Oklahoma Department
of Human Services’ application for a federal adoption opportunities grant to provide postlegal adoption services.
SB 1329 (2002) – Chapter No. 445 – Provides for adoption assistance payments.
Other
AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 2613 (2002) – Chapter No. 372 – Allows a tax deduction for nonrecurring adoption
expenses.
95
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
8,812
-2,435
7.5
1,014
21%
53%
95%
7.1
9,194
1,595
2,575
8.7
1,152
22%
52%
100%
6.9
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--3,109
-1,141
-57%
100%
7.0
43%
15%
42%
1%
39%
18%
43%
<1%
59%
16%
24%
<1%
46%
14%
40%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Eight years of age or older
Racial or ethnic factors (Indian, Hispanic, Asian, and AfricanAmerican children three years of age or older)
Member of a sibling group of any age placed together
Physical disability requiring regular treatment with a specific
diagnosis given by the child's physician
Mental disability meeting the eligibility criteria for educable
multi-handicapped (EMH) or trainable multi-handicapped (TMH)
classes and evaluated by a licensed individual
Emotional disturbance established by acceptable individuals
At high risk of physical or mental disease (Indicators of high risk
physical or mental disease are social and medical history such
as mental illness of biological parents and family; events or life
experiences such as severe sexual abuse; and prenatal
exposure to drugs or alcohol)
Age 2
Age 9
Age 16
$270
$324
$378
$1,200
$15,725,860
Post-adoption services are administered by the Oklahoma Department
of Human Services (OKDHS), Children and Family Services Division
through OKDHS and private and parent groups. Post-adoption services
include the following:
Information and referral
Adoptive parent mentoring program
Support groups (currently working to expand across the state)
Respite care program
Educational materials/lending library (currently under
development)
Educational/training programs
Home-based services
Reunion registry and confidential intermediary search program
http://www.nacac.org/stateprofiles/oklahoma.html
96
OREGON
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 8
Legislative Sessions: Biennial
Permanency
Planning
Termination of Parental
Rights (TPR)
SB 230 (2005) – Chapter No. 450 – Lists circumstances under which the court can appoint a
guardian ad litem for parents in a TPR proceeding.
SB 229 (2005) – Chapter No. 449 – Provides that court may not substitute appointed counsel in
termination of parental rights proceedings except pursuant to policies, procedures, standards
and guidelines adopted by Public Defense Services Commission.
SB 234 (2005) – Chapter No. 160 – Requires summons and copy of the petition be given to
putative father prior to an order terminating parental rights.
HB 2566 (2005) – Chapter No. 727 – Encourages use of mediation in TPR proceedings.
Adoption Proceedings and
Preparation
HB 2387 (2005) – Requires agencies in the state that may consent to adoption of child to give
preference to prospective adoptive parents who live in this state over those who live outside this
state.
HB 2009 (2005) – Requires Department of Human Services to first consider child's grandparents or
other birth relatives as prospective adoptive parents before considering other prospective parents.
SB 973 (2005) – Chapter No. 475 – Requires adoption petitioner to serve the petition on the
parents of the deceased or incapacitated parent (if applicable) and describes what must be
included on the petition.
SB 921 (2005) – Chapter No. 369 – Requires a petitioner for adoption to serve summons,
motion, and order to show cause on certain parents who do not consent to adoption, specifies
the contents of summons and methods of service; requires the court to appoint counsel for a
non-consenting parent in certain circumstances; and permits court to take any action
authorized by law if a parent fails to answer or appear at a hearing.
SB 38 (2003) – Chapter No. 258 – Gives state court jurisdiction in adoption of minor cases.
PostAdoption
Adoptive
Home
Recruitment
and Approval
SB 808 (2003) – Chapter No. 544 – Describes requirements for permanency planning hearings
for older youth.
SB 621 (2003) – Expands category of persons who may enter into written agreements with adoptive
parents to continue contact with adopted child to include birth relatives.
Other
AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
HB 3886 (2005) – Requires the Department of Human Services to establish, maintain, and publicize a
network of regional social service information and referral, which include adoption information.
SB 892 (2005) – Eliminates sunset clause on adoption expense income tax credit.
97
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
9,101
1,307
2,511
6.6
1,115
10%
51%
99%
6.6
9,381
1,335
2,606
6.5
849
11%
48%
100%
6.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,599
-943
-46%
100%
6.4
37%
26%
37%
33%
31%
36%
59%
16%
24%
31%
36%
33%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following factors or conditions which make
adoptive placement difficult to achieve:
Documented medical, physical, emotional condition or other
clinically diagnosed disability
Documented history of abuse or neglect or other identified
predisposing factor that places the child at risk for future
problems and need for treatment
Member of a sibling group which will be placed together and is
difficult to place because there are three or more children, or if in
a sibling group of two, at least one of the children is six years of
age or older
Member of an ethnic/racial/cultural minority
Eight years of age or older
Has developed significant emotional ties with the prospective
adoptive parents while in their care as a foster child (or relative
placement), and the family needs financial and/or medical
assistance in order to rear the child
Age 2
Age 9
Age 16
$378
$393
$392
$2,000
$24,643,873
Post-adoption services are administered by the Department of Human
Services, State Office for Service to Children and Families through
contract with Northwest Resource Associates. Post-adoption services
include the following:
Information and referral
Educational programs
Educational materials
Support programs
Therapeutic intervention/counseling
Advocacy
Respite
Residential treatment
Mediation/search services
http://www.nacac.org/stateprofiles/oregon.html
98
PENNSYLVANIA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Annual
Termination
of Parental
Rights (TPR)
Adoptive Home
Recruitment and
Approval
AB 127 (2005) – Act No. 2005-68 – Provides for certain rights of resource parents.
AB 1579 (2005) – Act No. 2005-73 – Provides for notification of scheduled meetings by the
county or private agency concerning a child residing with a resource family.
AB 357 (2003) – Creates the Pennsylvania Adoption Exchange Registry and requires that all
children with TPR be registered on this site, as well as some children whose goal is adoption and
who will not be reunited, and includes all families that have been approved as adoptive placements.
Post-Adoption
Adoption
Proceedings
and
Preparation
SB 637 (2005) – Outlines the notice to the parent or presumptive or putative father of the hearing
for TPR pursuant to irrevocable voluntary relinquishment.
HB 1093 (2003) – Among various revisions to adoption law, alters who must pay court fees for
involuntary TPR proceedings.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 661 (2005) – States that grandparents must be notified of adoption hearings.
AB 345 (2004) - Provides for adoption assistance programs and amends provisions regarding
individuals under 18 years of age or under 21 years of age and with a mental or physical handicap.
SB 1324 (2002) – Public Law No. NA – Authorizes the Department of Public Welfare to enter
into interstate compacts relating to adoption assistance, provides for terms and
implementation of the interstate compacts, and provides for medical assistance benefits
and for false claims.
AB 558 (2005) – Creates the Pennsylvania Adoption Information Retrieval System as a data
system to assist in understanding trends in adoption in Pennsylvania.
AB 1723 (2002) – Defines maternity leave of absence to include adoption and provides creditable
non-school service for adoption leave taken prior to a certain date.
99
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
21,410
903
4,231
8.3
2,020
15%
58%
69%
7.5
21,768
952
4,083
8.5
1,946
16%
48%
79%
7.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--4,051
-1,898
-54%
94%
7.6
77%
18%
5%
63%
33%
5%
59%
16%
24%
43%
46%
11%
0%
<1%
<1%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
Child has at least one of the following characteristics:
Physical, mental, or emotional condition or handicap
Genetic condition which indicates a high risk of developing a
disease or handicap
Member of a minority group
Member of a sibling group
5 years of age or older
Age 2
Age 9
Age 16
Varies by County
Varies by County
Varies by County
$2,000
$63,963,156
Post-adoption services are available through the Department of Public
Welfare’s Office of Children, Youth and Families through the Statewide
Adoption Network (SWAN). SWAN Post-adoption services include the
following:
Advocate for post-permanency services
Support groups
Respite
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
County and private agencies across the state offer a variety of postadoption services including:
Information and referral
Educational materials/newsletter
Educational programs
Lending libraries
Support groups/programs
Advocacy
Respite
Therapy
Case management
http://www.nacac.org/stateprofiles/pennsylvania.html
100
RHODE ISLAND
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 5
Legislative Sessions: Annual
Termination
of Parental
Rights (TPR)
Adoptive Home
Recruitment and
Approval
HB 7450 and SB 2790 (2006) – Amends criminal background checks requirement for individuals
working with or intending to adopt children.
HB 7400 and SB 2239 (2004) – Public Law No. 459 – Establishes home study procedures.
PostAdoption
Adoption
Proceedings
and
Preparation
SB 722 (2003) – Provides for total severance of parenting relationship upon termination of parental
rights and provides for retroactivity.
Other AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 5350 and SB 13 (2005) – Public Law Nos. 166 and 223 – Discusses requirements for preadoption report to prospective parents.
SB 2697 (2004) – Public Law No. 168 – Requires the Department of Human Services to
separately report managed care expenditures and enrollment for children in foster care that
are receiving adoption assistance.
HB 5835 and SB 656 (2005) – Public Law Nos. 401 and 340 – Creates an adoption tax credit.
HB 8695 and SB 3195 (2004) – Joint Resolution No. 373 – Creates commission to study
benefits and support system for adoptions.
HB 8101 (2004) – Makes adopted children eligible for the Higher Education Opportunity Incentive
Grant.
101
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
2,383
234
387
8.9
256
37%
80%
99%
6.7
2,334
201
310
9.6
264
39%
83%
98%
6.4
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--317
-235
-86%
91%
6.3
54%
10%
36%
63%
8%
28%
59%
16%
24%
50%
4%
45%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Twelve years of age or older
Member of an ethnic or racial minority
Member of a sibling group of two or more children being adopted
into the same home
Documented medical condition or a physical, emotional, or mental
disability
At high risk of developing a medical condition or a physical,
emotional or mental disability, based upon family background or
history
Prior adoption disruption or dissolution
Age 2
$403
Age 9
$382
Age 16
$442
$400
$7,888,673
Post-adoption services are administered and provided by the Department
of Children, Youth and Families’ Division of Family Services, and through
community services and parent organizations. Post-adoption services
include the following:
Information and referral
Support groups
Respite
Respite
Daycare services (up to age six)
Mediation/search services
http://www.nacac.org/stateprofiles/rhodeisland.html
102
SOUTH CAROLINA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 7
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoption Proceedings
and Preparation
HB 4381 (2006) – Prohibits placing a child in state custody with a person who has a substantiated
history of child abuse or neglect or a conviction for certain offenses.
HB 4381 and SB 998 (2005) – Includes anyone seeking approval to adopt a child in the custody of
DSS to undergo a fingerprint review.
SB 390 (2004) – Chapter No. 183 – Establishes and provides for grants for adoption of special
needs children in state custody.
HB 3222 and SB 227 and 303 (2005) – Chapter No. 168 – Requires that consent or
relinquishment for adoption is not required if the child to be adopted was conceived as the
result of criminal activity or incest and states that the child being conceived as a result of
criminal activity or incest is grounds for termination of parental rights.
HB 3259 (2005) – Provides that consent or relinquishment is not required if the child who is the
subject of the adoption proceeding was conceived as a result of criminal sexual conduct.
SB 1249 (2002) – Chapter No. 345 – Provides that the court may approve an adoption while
not approving unreasonable fees and costs for consent or relinquishment for adoption.
PostAdoption
HB 4184 (2006) – Adds the unlawful manufacture of methamphetamine in the presence of a child to
the list of grounds for which the family court may order TPR.
HB 3681 (2004) – Chapter No. 181 – Expands grounds for TPR to include the conviction of a
parent for the murder of the other child's other parent and provide that DSS is not required to
amend a child's placement plan before bringing action to TPR.
HB 4749 (2004) – Enables the public agency to file an action for termination of parental rights
without first seeking the court's approval of a change in the permanency plan.
Adoptive Home
Recruitment and
Approval
SB 1050 (2006) – States that Family Court hearing officers be appointed and serve on a voluntary
basis and includes permanency hearings, termination of parental rights hearings, etc.
HB 3673 (2003) – Chapter No. 43 – Specifies procedures for permanency planning hearings
to require the Department of Social Services to show compelling reasons for a permanency
plan that does not reunite a child with his parent and does not TPR. Also requires the court
to find compelling reasons for not initiating TPR under certain circumstances rather than
presuming that such circumstances are compelling reasons.
HB 4898 (2002) – Revises timeframes for accomplishing permanency plans; requires annual court
review of such plans for children 10 years old and older and biannually for children under 10 years
of age; and requires hearings for children 14 and older in a permanent foster care arrangement.
SB 1249 (2002) – Chapter No. 345 – Provides that a final adoption decree is not affected by a
contact agreement before the adoption between a child’s adoptive and biological parents.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 4583 (2006) – Establishes the Adoptions Procedure Study Committee to address issues and
problems in the South Carolina adoption process.
HB 3589 (2003) – Chapter No. 101 – Due to changes in procedure, allows certain employees
to apply for the State Employee Adoption Assistance program retrospectively.
103
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
4,818
652
1,961
9.0
345
14%
58%
91%
7.0
4,894
692
1,500
9.0
280
13%
54%
73%
6.7
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,688
-359
-60%
61%
6.3
67%
32%
<1%
0%
44%
29%
28%
0%
59%
16%
24%
<1%
71%
28%
1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child meets one or more of the following criteria:
Caucasian child ten years old or older
African-American or mixed-race child six years or older
Physically, mentally, or emotionally handicapped child, or a
child at risk for physical, mental, or emotional handicaps
Member of a Caucasian sibling group of three or more children
placed together, one of whom is at least six years of age, or a
sibling group of four or more white children of any age placed
together
Member of an African-American or mixed-race sibling group of
two or more children placed together, one of whom is at least
six years of age, or a sibling group of three or more black or
mixed-race children of any age placed together
Member of a sibling group of two or more children placed
together, one of whom is a special needs child
Age 2
Age 9
Age 16
$332
$359
$425
$250
$12,206,460
Post-adoption services are administered by the Department of Social
Services’ (DSS) Office of Policy Operations through DSS, private
agencies, and family organizations. Post-adoption services include the
following:
Information and referral
Educational programs
Educational material
Support groups
Therapeutic intervention
Advocacy
Respite
Residential treatment
Search services (reunion register)
http://www.nacac.org/stateprofiles/southcarolina.html
104
SOUTH DAKOTA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Annual
HB 1257 (2003) – Provides for a preference for certain relatives when placing children outside their
home.
Adoptive Home Recruitment and
Approval
Adoption
Proceedings
and
Preparation
HB 1257 (2003) – Provides standing to certain relatives to petition for adoption when parental rights
have been terminated.
PostAdoption
HB 1086 (2006) – Chapter No. 139 – Restricts the rights of certain sex offenders related to
adoption or visitation of children.
SB 55 (2005) – Chapter No. 140 – Provides for a preference for placement of abused and
neglected children with relatives and provides a hearing for review of adoptive placement
decisions.
HB 1226 (2003) – Chapter No. 145 – Revises provisions about who may complete home
studies for adoption.
SB 170 (2002) – Chapter No. 130 – Repeals a provision that requires foster parents to care for
a child for not less than 2 years before the foster parent is a primary consideration for
adoption of the child.
HB 1163 (2002) – Chapter No. 116 – Requires background checks to be included in home
study reports.
SB 9 (2004) – Chapter No. 167 – Allows the public agency to make payments as needed on
behalf of a child with special needs after placement for adoption if the family has financial
needs.
Other
AdoptionRelated
STAGES OF ADOPTION
Termination
of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
105
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,396
384
439
9.1
145
43%
34%
96%
6.2
1,580
426
458
9.6
144
30%
23%
98%
6.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--450
-123
-32%
99%
6.5
72%
17%
10%
0%
69%
22%
10%
0%
59%
16%
24%
<1%
59%
16%
25%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Special needs and circumstances include:
Age, race, or religion
Physical, emotional, neurological, or intellectual handicap or
problem
Sibling group that needs to be placed together
Needing a prosthesis, extensive ongoing or anticipated medical
care, or therapy for speech, physical, or psychological problems
When adoption by the foster parents with whom the child is living
is the only appropriate plan
Age 2
$427
Age 9
$427
Age 16
$513
$1,500
$2,248,437
Post-adoption services are administered by the Department of Social
Services’ (DSS) Office of Child Protection Services (CPS) through DSS,
contracted agencies, and parent groups. Post-adoption services are
provided on a case-by case basis and include the following:
Information and referral
Educational programs (funding to attend)
Support groups
Therapeutic intervention
Advocacy
Respite
Residential treatment
Mediation/search services (passive registry available)
http://www.nacac.org/stateprofiles/southdakota.html
106
TENNESSEE
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 5
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
HB 2763 (2006) – Gives a grandparent priority for adoption over everyone other than a parent, legal
parent, or putative father of a child.
HB 448 (2003) – Chapter No. 84 – Adds persons participating in the relative caregiver program
to the list of persons who have standing to file such a petition and request in adoption or
juvenile court proceedings and allows the consideration as prospective adoptive parents.
HB 2886 (2002) – Chapter No. 360 – Allows adult siblings the same standing as other relatives
who are not required to undergo home study.
Adoption
Proceedings and
Preparation
HB 1728 and SB 1256 (2005) – Chapter No. 409 – Requires that an interpreter be provided to a
surrendering parent or guardian who is not fluent in English prior to the final hearing on an
adoption.
SB 3840 (2006) – Authorizes a county or counties to create a position of judicial referee in such
county to assist the trial judges by hearing preliminary non-dispositive civil matters such as
uncontested adoptions.
Post-Adoption
HB 2947 & SB 3523 (2006) – Clarifies that no court shall have jurisdiction to overturn order of
termination that has not been overturned within one year after the date such order is filed.
HB 2491 & SB 3594 (2006) – Prevents a judge from stating an opinion prior to issuing a final order
adjudicating a petition for termination of parental rights and requires dismissal of petition for
termination of parental rights if it's in the best interest of the child.
SB 2620 (2004) – Chapter No. 469 – Makes adopted children eligible for waiver of tuition and
fees for children of POW's, MIA's, or veterans killed in action.
HB 2988 (2006) – Concerns Sunset Laws: Interstate Compact on the Placement of Children and
extends the law until 2011.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 1323 and SB (1556) (2004) – Chapter No. 224 – Allows a female employee who has been
employed full-time by the same employer for at least 12 consecutive months to take four
months of leave for adoption.
107
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
9,359
437
2,346
9.3
922
11%
40%
84%
8.3
9,487
457
1,975
10.0
954
13%
38%
85%
8.6
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,783
-891
-48%
86%
8.6
72%
20%
9%
0%
74%
18%
8%
<1%
59%
16%
24%
<1%
64%
18%
18%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Nine years of age or older and Caucasian
Five years of age or older and of minority heritage
Member of a sibling group of three or more children placed
together for the purpose of adoption at the same time
Severe physical or psychological handicap as diagnosed by a
licensed physician, psychologist, or licensed clinical social
worker HIV-positive
Neglect that rises to the level of severe child abuse, physical
abuse and/or sexual abuse
Age 2
$365
Age 9
$284
Age 16
$418
$1,500
$14,328,702
Post-adoption services are administered by the Department of
Children’s Services (DCS) through DCS, private agencies, and parent
groups. Post-adoption services include the following:
Information and referral (through the adoption assistance
worker)
Awareness events
Support groups
Therapeutic intervention/targeted case management
Respite
Search services (information)
http://www.nacac.org/stateprofiles/tennessee.html
108
TEXAS
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 3
Legislative Sessions: Biennial
Post-Adoption
HB 1648 (2003) – Chapter No. 573 – Allows a person who is the foster parent of a child to file a
suit to adopt a child for whom the person is providing foster care at any time after the person
has been approved to adopt the child.
HB 916 (2003) – States that a petition for the adoption of a child by more than one person may be
filed by only one man and one woman.
Adoption
Proceedings
and
Preparation
Adoptive Home
Recruitment and
Approval
Termination
of Parental
Rights (TPR)
SB 48 (2002) – Requires permanency planning for all institutionalized children.
HB 1999 (2005) – Chapter No. 1258 – Relates to the preparation of medical history reports by
parents who relinquish children for adoption and provides that the medical history shall be
used in preparing a health, social, educational and genetic history report.
SB 1652 (2003) – Chapter No. 1266 – Exempts adopted children from paying tuition and fees
for post-secondary education.
HB 1689 (2003) – Enables specific parties to enter into an adoption agreement for post-adoption
contact.
Other AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
HB 131 (2005) – Prevents an individual who is the parent of a newborn child, including adoption of a
child, from being denied unemployment benefits solely because the individual is on leave from or left
the individual's last employment to care for the newborn child
109
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
21,353
6702
8,441
8.2
2,299
47%
54%
82%
5.7
22,191
7,021
8,626
8.2
2,504
42%
49%
80%
5.8
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--10,147
-2,556
-51%
85%
5.5
50%
25%
25%
<1%
48%
26%
26%
<1%
59%
16%
24%
<1%
51%
26%
23%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR NON-RECURRING
EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child must be less than 18 years old and meet one of the following
criteria when the adoptive placement agreement is signed:
At least six years old
At least two years old and a member of a minority group that
traditionally creates a barrier to adoption
Is being adopted with a sibling or to join a sibling
Child has a verifiable physical, mental, or emotional
handicapping condition, as established by an appropriately
qualified professional
Age 2
$400
Age 9
$400
Age 16
$400
$1,500
$50,098,440
Post-adoption services are overseen by the Department of Family and
Protective Services through contracts with outside agencies. Postadoption services include the following:
Case work/case management
Outpatient therapy
Parent training
Residential treatment (limited)
Support groups
Respite
Information and referral
http://www.nacac.org/stateprofiles/texas.html
110
UTAH
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 6
Legislative Sessions: Annual
Permanency
Planning
Termination
of Parental
Rights (TPR)
HB 275 (2004) – Chapter No. 122 – Relates to biological father's interest in the child and rights
and the rights of interested persons in connection with a child.
Adoptive Home
Recruitment and Approval
HB 275 (2004) – Chapter No. 122 – Relates to criminal history reports, reports and confidential
information, the timeliness of a pre-placement adoptive evaluation and procedures, biological
father's interest in the child and rights, and the rights of interested persons in connection with
a child.
HB 259 (2004) – Chapter No. 121 – Requires the pre-placement evaluation of a special needs
child to be conducted and requires an adoptive parent or parents to pay any fee assessed by
the evaluating agency.
HB 130 (2006) – Modifies background check requirements for out-of-state prospective adoptive
parents
Adoption
Proceedings
and
Preparation
HB 294 (2006) – Chapter No. 324 – Describes when an unmarried biological father is entitled to
consent, or to withhold consent, to the adoption of a child, or relinquishment of a child for
adoption, and when the declaration of paternity of the unmarried biological father is
rescinded.
PostAdoption
SB 110 (2002) – Chapter No. 306 – States that for children age three and younger, if the goal is
not to return the child home, the permanency plan for that child is adoption (unless there are
documented extenuating circumstances that justify long-term foster care or guardianship).
SB 100 (2004) – Requires the adoption assistance amount to equal the amounts the division would
provide for the child as a legal ward of the state and expands the monthly subsidiary considerations
to include maximum foster care payment or residential room and board payment.
Other AdoptionRelated
STAGES OF ADOPTION
Entry
SELECTED LEGISLATION
SB 118 (2003) – Chapter No. 63 – Allows an individual to choose from specified options the
taxable year for which the individual may subtract adoption expenses from federal taxable
income.
SB 125 (2005) – Chapter No. 163 – Creates a refundable credit of $1,000 against taxes
otherwise due for adoptions for which a court issues an order granting the adoption on or
after January 1, [2001] 2005, the taxable year during which a court issues an order granting
the adoption, and each child who has a special need whom the taxpayer adopts.
111
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
2,025
212
450
7.9
346
64%
77%
78%
5.5
2,033
186
448
8.4
311
66%
78%
86%
5.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--450
-298
-77%
97%
5.4
65%
27%
8%
72%
19%
9%
59%
16%
24%
79%
15%
6%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child meets one of the following conditions:
Five years of age or older
Under the age of 18 with a physical, emotional, or mental
handicap
Member of a sibling group placed together for adoption
Age 2
$390
Age 9
$390
Age 16
$390
$2,000
$6,433,718
Post-adoption services are administered by the Department of Human
Services’ Division of Child and Family Services (DCFS) through DCFS,
contracted agencies, and parent organizations. Post-adoption services
include the following:
Information and referral
Quarterly newsletter
Lending library
Educational classes
Support groups
Parent chat room
Respite
Training trainers programs
Fact sheets
Search and reunion assistance/information
http://www.nacac.org/stateprofiles/utah.html
112
VERMONT
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 0
Legislative Sessions: Annual
Termination
of Parental
Rights (TPR)
Adoptive
Home
Recruitment
and Approval
Adoption
Proceedings
and
Preparation
PostAdoption
HB 709 (2004) – Authorizes the department of Social and Rehabilitation Services to enter into
interstate agreements with agencies of other states to provide for medical and other necessary
services for special needs children for whom adoption assistance is being provided.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
113
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
1,526
278
427
8.7
153
19%
46%
83%
6.9
1,409
292
374
8.7
167
17%
49%
93%
8.0
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--273
-220
-67%
89%
6.6
82%
7%
12%
0%
79%
1%
20%
0%
59%
16%
24%
<1%
79%
0%
21%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has a specific factor or condition which makes it reasonable to
conclude that the child cannot be placed with adoptive parents without
providing assistance, including:
Race or ethnic background
Age
Membership in a sibling group
The presence of factors such as medical conditions or physical,
mental, or emotional handicaps
Age 2
$426
Age 9
$472
Age 16
$524
$2,000
$8,855,156
Post-adoption services can be accessed through the Adoption
Consortium. Post-adoption services include:
Information and referral
Advocacy and assistance with school and community issues
Support and discussion groups
Reading and other educational resources
Respite
Counseling
Intensive supports
http://www.nacac.org/stateprofiles/vermont.html
114
VIRGINIA
ADOPTION-RELATED LEGISLATION CONSIDERED:
Number of Adoption Bills Passed: 17
Legislative Sessions: Annual
Entry
SB 48 (2006) – Chapter No. 360 – Requires a local board of social services, before making a
foster care placement, to first seek out kinship foster care, determine whether the child has a
relative who is eligible to become a kinship foster parent, and states that these placements are
subject to the requirements, and receive the benefits, of other foster care placements,
including payments for the care of the child.
SB 78 (2004) – Chapter No. 70 – Requires a local board of social services to seek out kinship
care options to keep children out of foster care and as a placement option for those children
in foster care, if it is in the child's best interest.
Permanency
Planning
HB 1061 (2002) – Chapter No. 729 – Requires that the agency is not required to attempt to
reunify a child with parent if based on clear and convincing evidence, the parent has
subjected any child to aggravated circumstances, or abandoned a child under circumstances
which would justify the termination of residual parental rights.
SB 130 (2002) – Chapter No. 664 – Same as HB 1061 above.
SB 538 (2002) – Chapter No. 512 – Requires the court to make a finding concerning whether
reasonable efforts have been made to place the child in a timely manner in accordance with
the foster care plan and to take the steps necessary to finalize the permanent placement of the
child at the actual hearing at which the court orders the child’s permanent placement and
annually thereafter.
HB 2820 (2003) - Requires that VA provide transition services for older youth and states that these
services shall not be an alternative to adoption, but shall occur concurrently with efforts to locate and
achieve placement with adoptive parents.
Termination of
Parental Rights
(TPR)
HB 903 (2006) – Chapter No. 665 – Regulates voluntary and involuntary termination of parental
rights.
HB 2058 (2005) – Provides that no court (i) conducting a hearing on termination of parental rights, (ii)
entering an order terminating parental rights, or (iii) reviewing an order terminating parental rights
shall consider any evidence based on events occurring after the date of the permanency planning
hearing.
Adoptive Home Recruitment and Approval
STAGES OF ADOPTION
SELECTED LEGISLATION
HB 2744 (2004) – Chapter No. 653 – Requires the Board of Social Services to adopt regulations
allowing for dual approval of homes as both foster and adoptive homes.
SB 534 (2006) – Chapter No. 825 – Makes procedural and administrative changes to adoption
laws which include information about fathers' consent, children's right to consent to adoption,
the investigation/approval of adoptive homes, birth parents' rights and ability to consent to
adoption, and notice of hearings.
SB 691 (2006) – Chapter No. 384 – Prohibits sexually violent offenders and offenders who are
required to register from adopting a child.
HB 1534 (2006) – Chapter No. 885 – Provides that a child-placing agency may approve as an
adoptive or foster parent a person who was convicted of felony drug possession or
distribution provided that 10 years have elapsed since conviction and his civil rights have
been restored by the Governor.
HB 729 (2006) – Chapter No. 654 – Creates a new adoption procedure that allows the birth
parent to recommend adoptive parents.
HB 1844 (2003) – Chapter No. 491 – Requires the Secretary of Health and Human Resources to
conduct an adoption awareness campaign to expand the public's awareness of the benefits of
adoption.
HB 1280 (2006) – Permits the entire record of criminal history information to be obtained and
considered by the local board and licensed child-placing agency for an individual with whom the
board or agency is contemplating a placement.
115
Other AdoptionRelated
Post-Adoption
Adoption Proceedings and Preparation
HB 2009 (2003) – Chapter No. 502 – Requires the child-placing agency or local director of
social services to document in the court report all efforts made to encourage birth parents to
share information related to their physical and mental history in all adoption proceedings.
SB 854 (2005) – Chapter No. 890 – Provides that a birth father's consent to adoption is not
necessary if the birth father is convicted in another state, the United States, or any foreign
jurisdiction of (i) rape, (ii) carnal knowledge of a child between 13 and 15 years of age, or (iii)
adultery or fornication with his mother, daughter or granddaughter.
HB 727 (2006) – Chapter No. 848 – Makes administrative changes to adoption laws among
them: expands jurisdiction and venue choices for parties involved in adoption, reduces the
review time of an adoption petition, adds factors for the court to consider when determining
whether or not to grant an adoption petition, sets out the procedure for close relative
adoptions, and makes several other changes to the adoption laws to make navigating through
the adoption process easier and to facilitate use of the process by all involved.
SB 534 (2006) – Chapter No. 825 – Makes procedural and administrative changes to adoption
laws which include information about fathers' consent, children's right to consent to adoption,
the investigation/approval of adoptive homes, birth parents' rights and ability to consent to
adoption, and notice of hearings.
SB 108 (2004) – Eliminates the requirement that the birth parent or parents execute consent to a
parental placement adoption before the juvenile and domestic relations district court in person and in
the presence of the prospective adoptive parents such that the consent of the birth parents is in
writing that has been signed and acknowledged before an officer authorized to take
acknowledgement.
HB 1919 (2004) – States that a father does not need to consent to adoption if he was incarcerated
upon a felony with more than 12 months remaining on his sentence and he was not married to the
birth mother at the time of the child's conception or birth.
•
SB 1101 (2003) – Chapter No. 467 – States that any applicant for or recipient of adoption
assistance aggrieved by any decision of a local board or licensed child-placing agency in
granting, denying, changing or discontinuing adoption assistance, may appeal within 30 days
after receiving written notice of such decision
SJR 331 (2004) – Establishes a joint subcommittee to study Virginia's adoption laws and policies.
SB 537 (2002) – Chapter No. 687 – Relates to appointment of counsel in child dependency
case.
SJR 60 (2002) – Establishes a joint subcommittee to study the adoption system in the
Commonwealth.
116
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
7,109
54
1,489
8.0
424
18%
32%
96%
7.7
2003
7,046
99
1,572
8.0
487
18%
37%
97%
7.6
2004
Nation
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
2004
--1,611
-525
-35%
93%
8.2
78%
16%
6%
81%
13%
5%
59%
16%
24%
86%
9%
5%
0%
0%
<1%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has one or more of the following individual characteristics:
Physical, mental, or emotional condition existing prior to legal
adoption
A hereditary congenital problem or birth injury that could lead to
substantial risk of future disability
Six years of age or older
Minority or mixed racial heritage
Member of a sibling group that should not be separated, and that
is ready for placement at the same time
Significant emotional ties with foster parents with whom the child
has resided at least 12 months when adoption is in the best
interest of the child and when subsidy is necessary to
consummate adoption with these foster parents
Age 2
Age 9
Age 16
$294
$344
$436
$2,000
$13,769,721
Post-adoption services are administered by the Department of Social
Services through the Adoptive Family Preservation (AFP) Services
program. The contractor for managing the AFP program is United
Methodist Family Services of Virginia. Post-adoption services include the
following:
Information and referral
Educational training programs
Support groups
Respite
Counseling
Search services
Therapeutic intervention
http://www.nacac.org/stateprofiles/virginia.html
117
118
WASHINGTON
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Annual
Adoptive
Home
Recruitment
and Approval
Adoption
Proceedings
and
Preparation
HB 2468 (2006) – Creates an account to assist families to adopt children by paying for adoption
fees fully disclosed before the adoption proceedings and by prohibiting adoption delays based on
race or ethnicity of prospective parents.
Other Adoption-Related
PostAdoption
STAGES OF ADOPTION
Termination
of Parental
Rights (TPR)
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 6185 (2006) – Chapter No. 2006:59 – Provides that an employee is entitled to a total of
twelve work weeks of leave during any twelve-month period for the birth of a child of the
employee and in order to care for the child, because of the placement of a child with the
employee for adoption or foster care.
SB 6653 (2006) – Chapter No. 2006:248 – Requires the public child welfare agency to
recommend a process for the efficient collection, compilation, and annual publication of
adoption statistical data, including data regarding fees, costs, and expenses paid by
adoptive families, as well as review the fees associated with children adopted out of the
foster care system to determine whether fees or any other factors are barriers to adoptions
of children out of the foster care system, and study accreditation standards developed for
adoption agencies.
SB 6683 (2006) – Mandates employee adoption training and requires review of adoption fees.
SB 6457 (2004) – Mandates a study panel to examine adoption-related fees; barriers to adoption;
child selling and buying; adoption facilitation, advertising, and marketing; discrimination in adoption
based upon ability to pay, race, color, or national origin of child or parent; background checks; and
agency licensing and credentialing.
119
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
9,669
2,034
2,648
7.1
1,077
21%
54%
99%
5.6
9,213
1,854
2,403
7.3
1,315
23%
53%
99%
5.7
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--2,328
-1,245
-64%
99%
5.5
100%
0%
0%
0%
99%
0%
1%
0%
59%
16%
24%
<1%
82%
2%
16%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
One or more of the following conditions must be true:
Child is minority/ethnic background
Six years of age or older
Member of a sibling group of 3 or more or where one sibling is
special needs
Diagnosed with a physical, mental, developmental, cognitive or
emotional disability
At risk for a diagnosis of a physical, mental, developmental,
cognitive or emotional disability due to prenatal exposure to
toxins, a history of serious abuse or neglect, or genetic history;
state has determined that the child cannot or should not be
returned to the home of the biological parent
Except where it would be against the best interests of the child,
the department or child placing agency had made a reasonable
but unsuccessful effort to place the child for adoption without
adoption support
Age 2
$366
Age 9
$442
Age 16
$515
$1,500
$26,736,231
Outside of the adoption assistance program, the Department of Social
and Health Services (DSHS) and Children’s Administration do not
administer post-adoption services. DSHS post-adoption services are
offered within the adoption assistance program or through family groups
and include the following:
Medical and counseling services
Training (one per year, in issues related to the needs of the child)
http://www.nacac.org/stateprofiles/washington.html
120
WEST VIRGINIA
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 1
Legislative Sessions: Annual
Termination
of Parental
Rights (TPR)
HB 3130 (2004) – States that an adoptive placement with grandparents is to be considered in the
best interest of the child.
SB 21 (2002) – Provides child’s immediate family with primary consideration as an adoptive
resource.
SB 18 (2005) – Relates to certain rights of foster parents and certain relatives in child adoption
procedures.
PostAdoption
Adoption
Proceedings
and
Preparation
HB 2657 (2006) – Requires that parents whose parental rights are terminated continue to be
responsible for support of the child until the child is adopted.
Adoptive Home
Recruitment and
Approval
SB 733 (2002) – Public Act No. 51 – States that if, after a certain amount of time following
termination of parental rights the foster parent does not attempt to adopt, the agency can
remove the child from the foster home.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
121
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
3,220
778
1,000
9.5
361
23%
26%
98%
7.5
4,069
831
1,038
9.4
322
28%
33%
97%
7.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,013
-384
-24%
99%
7.1
79%
3%
19%
74%
3%
24%
59%
16%
24%
77%
3%
19%
0%
0%
<1%
<1%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Children that have established emotional ties with prospective adoptive
parents while in their care, or are not likely to be adopted by reason of
one or more of the following conditions:
Physical or emotional disability
Emotionally disturbed
Older children
Part of sibling group
Member of racial/ethnic minority
Any combination of these conditions
Also includes include children who appear healthy and of normal
development but whose prognosis is guarded due to incest,
mental illness or retardation of parent, drug use by parent,
venereal disease of parent, or children with other impediments to
adoption, such as long-term alternative care, or social or genetic
complications in their family background
Age 2
Age 9
Age 16
$400
$400
$400
$2,000
$13,342,721
Post-adoption services are administered by the Department of Health
and Human Resources, Bureau for Children and Families and contracted
through private agencies or individuals who have completed post
adoptive training. Post-adoption Services include the following:
Information and referral
Educational programs
Educational materials
Support groups
Therapeutic intervention
Counseling
Emergency respite (in-home/group)
Mediation/search services (mutual agreement network)
http://www.nacac.org/stateprofiles/westvirginia.html
122
WISCONSIN
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 2
Legislative Sessions: Annual
Termination of
Parental Rights
(TPR)
Adoptive Home
Recruitment and
Approval
SB 606 (2006) – Public Act No. 2448 – Requires the agency that is investigating an adoptive
placement of a sibling of a child who has already been adopted to determine whether
placement of the sibling in the same home as the previously adopted child is suitable and,
if so, to place the sibling in that same home for adoption.
AB 521 (2005) – Public Act No. 293 – Relates to pre-placement of children in out-of-state
homes and adoption preparation training for non-relative first-time adoptive families.
SB 397 (2005) – Provides for adoption rights for domestic partnerships.
PostAdoption
Adoption
Proceedings
and
Preparation
AB 521 (2005) – Public Act No. 293 – Relates to grounds for involuntary TPR, declarations
of paternal interest and notification to putative fathers, and TPR appeals.
AB 809 (2002) – Requires the termination of parental rights petition to be filed under some
circumstances.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
SB 292 (2003) and SB 408 (2004) – Creates a non-refundable individual income tax credit for
certain adoption expenses.
123
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
8,744
388
1,676
8.5
1,028
22%
79%
100%
6.8
7,824
616
1,761
8.0
1,187
21%
84%
100%
7.3
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--1,342
-754
-84%
100%
7.7
74%
14%
12%
<1%
77%
9%
14%
0%
59%
16%
24%
<1%
73%
6%
21%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child has at least one of the following needs or circumstances that may
be a barrier to placement or adoption without financial assistance:
Ten years of age or older (if age is the only factor in determining
eligibility)
Member of a minority race for which children of that minority
race cannot be readily placed due to a lack of appropriate
placement resources
Member of a sibling group of three or more children that must
be placed together at the same time;
Exhibits special need characteristics judged to be moderate or
intensive
At high risk of developing a moderate or intensive level of
special needs as outlined above
Age 2
$302
Age 9
$329
Age 16
$391
$2,000
$13,342,721
Post-adoption services are administered by the Department of Health
and Family Services through six Post-adoption Resource Centers
located throughout the state. Post-adoption services include the
following:
Resource and referral
Parent support groups
Educational opportunities
Mentor families
Lending libraries
Parenting training
Respite
Search services
http://www.nacac.org/stateprofiles/wisconsin.html
124
WYOMING
ADOPTION-RELATED LEGISLATION:
Number of Adoption Bills Passed: 0
Legislative Sessions: Limited Annual
Termination
of Parental
Rights (TPR)
Adoptive
Home
Recruitment
and Approval
Adoption
Proceedings
and
Preparation
PostAdoption
•
HB 54 (2005) – Grandparents cannot take action to get visitation rights if the grandchild has been
adopted and neither adopting parent is a natural parent, biological parent, or biological grandparent of
the child.
Other
AdoptionRelated
STAGES OF ADOPTION
Permanency
Planning
Entry
SELECTED LEGISLATION
125
ADOPTION INDICATORS:
Children in foster care on September 30
Children whose parental rights have been terminated
Total number of children waiting to be adopted
Mean age of waiting children (in years)
Total number of children adopted
Within 24 months of latest removal (in percent)
Time between TPR and adoption less than 12 months (in percent)
Receiving a subsidy (in percent)
Mean age at finalization (in years)
Adopted by (in percent)
Foster parent
Non-relative
Relative
Step-parent
2002
2003
2004
Nation
2004
929
54
102
9.1
52
31%
88%
92%
6.7
1,055
62
91
10.1
56
31%
80%
93%
7.1
517,000
65,000
118,000
8.8
52,000
-52%
89%
6.9
--71
-56
-75%
89%
8.6
75%
10%
16%
0%
82%
2%
17%
0%
59%
16%
24%
<1%
79%
6%
15%
0%
POST-ADOPTION SERVICES AND SUPPORTS:
DEFINITION OF SPECIAL NEEDS
BASIC SUBSIDY RATES, FY 2005
REIMBURSEMENT FOR
NON-RECURRING EXPENSES, FY 2005
FEDERAL ADOPTION ASSISTANCE
EXPENDITURES UNDER TITLE IV-E, FY 2004
POST-ADOPTION SERVICES PROVIDED
FOR MORE INFORMATION
Child exhibits any or all of the following characteristics:
Irreversible or non-correctable physical or mental disabilities
Physical, mental, or emotional disabilities correctable through
surgery, treatment, or other specialized services
Six years of age or older
Has been in the same foster family home for a lengthy period of
time and emotional ties have developed
Racial minority
Member of a sibling group needing to be placed in the same
home as the siblings
Age 2
$399
Age 9
$399
Age 16
$399
$2,000
$649,029
Post-adoption services are administered by the Department of Family
Services’ (DFS) Protective Services Division through DFS, contracted
agencies, and parent/private organizations. Post-adoption services to
include the following:
Information and referral
Educational materials
Support groups
Therapeutic intervention
Advocacy
Intermediary search program
Respite
http://www.nacac.org/stateprofiles/wyoming.html
126