Adoption Webinar:
Openness in Adoption #1 - Openness and Permanency: Setting the Stage
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1
UNDERSTANDING AND
MANAGING OPENNESS IN
ADOPTION
OPENNESS IS AN AC T OF GENEROSITY YOU GIVE
Y O U R C H I L D A N D T H E I R B I R T H F A M I LY
ADOPTION IS …….
A social, emotional and legal process through
which children become permanent, legal
members of a family other than their birth
family, while recognizing that children’s
psychological, genetic and kinship connections
forever link the two families.
OPENNESS: HISTORICAL BACKGROUND
• Changes in legislation in 2006 and 2011 to allow openness
in adoption
• Despite change in legislation it has taken time to determine
how to best manage/operationalize openness in a public
agency
• Need for Child Welfare to gain understanding as to how to
manage openness agreement and then to take this
understanding to adoptive parents/applicants so that they
can become informed/comfortable with openness
OPENNESS: HISTORICAL BACKGROUND
• Historically Adoptive families would apply to adopt through CAS
versus private because there was no openness in CAS adoptions
• Private adoption practitioner have been working with openness
for many years
• Past 10 years there has been a gradual shift in practice so that
Ottawa CAS has been facilitating exchange of letters and pictures
between adoptive families and birth families with no written
agreements so that adoptive families could stop any time and
birth parents had not way to address this loss
• Long term advocacy on the part of adopt adoptees and birth
families around the need/benefit for openness
WHY HAVE OPENNESS?
CHILD’S PERSPECTIVE
• Facilitates with identity development
• Assists with grieving and dispels fantasies about their birth
family
• Full disclosure and information about family history is
easily available to child as they grow up
• Prevents child from having to go “underground” to get
information and make contact with birth family during
teen years
• Gives child permission to be part of adoptive family
WHY HAVE OPENNESS?
ADOPTIVE PARENT’S PERSPECTIVE
• Empathetic view of the Birth Parents and less fear of the
unknown
• Opportunity for open communication about adoption with
their child and more accepting of child’s curiosity
• Better equipped to answer child’s questions
• Strengthens relationship between child and Adoptive
Parents as show that Adoptive Parents can handle the
difficult issues
WHY HAVE OPENNESS?
BIRTH FAMILY PERSPECTIVE
• Continued relationship and active role in the child’s future
• Facilitates Grieving—Diminishes anxiety and fear for the
child’s well-being and increases comfort in living with the
adoption decision
• Confirms the adoptive parents will be the psychological
parents if there is no competition or feeling of divided
loyalties between birth family and adoptive family
I F A M O T H E R A N D FAT H E R C A N L O V E M O R E T H A N O N E
C H I L D T H E N W H Y I S I T S O H A R D T O U N D E R S TA N D T H AT
A CHILD CAN LOVE MORE THAN ONE MOTHER AND
FAT H E R ? ” ~ U N K N O W N
“
OPENNESS 101
• “When the Society begins planning for the adoption of a child who is a
Crown Ward, the Society shall consider the benefits of an openness
order or openness agreement in respect of the child,” CFSA141.1 (2)
• Things to Consider:
• Must be in the best interests of the Child
• Permits the continuation of a relationship that is meaningful and
beneficial to the child
• There are two types of Crown Wards (CW) CW’s with Access Orders
and CW’s without Access Orders. With CW’s with Access Orders, the
person with access has the right to ask for an openness order or an
openness agreement.
OPENNESS AGREEMENTS
• An openness agreement may be made at any time before or after an
adoption is finalized.
• The child’s views and wishes (if they can be reasonably ascertained)
shall be considered before an openness agreement is made.
• An openness agreement may include a process to resolve any
difficulties.
OPENNESS ORDERS
•
•
•
•
Typically made by the court prior to a final adoption order
Allow the Society to seek adoptive placements for Crown Wards with Access orders
Adoptive parents are advised of any applications prior to placement
Court decides:
• Is the order in the child’s best interests?
• Will it permit the continuation of a meaningful and beneficial relationship for the
child?
• Does the child (of over 12) consent to the order?
• Must consider the ability of the adoptive family to comply with the order
OPENNESS ORDERS
CW with no access order
• CAS may place for adoption
• Only CAS may apply for
Openness Order
• Court must be satisfied that:
• Order is in best interests of child
• Order will permit continuation of a
relationship that is meaningful and
beneficial to the child
• Consent of the society, the person
who will have openness, the
adoptive parent(s) and the child if
12 years or older.
CW with access order
• CAS must give notice of intention to place
for adoption 30 days before placing
• Access holder may apply for Openness
Order
• CAS must advise adoptive parents of
application
• Court must be satisfied that:
•
•
•
Order is in best interests of the child
Order will permit continuation of a
relationship that is meaningful and beneficial
to the child
Consent of the child if 12 years or older
• Court must consider the ability of the
adoptive parents to comply with the
arrangement under the Openness Order.
BEST INTERESTS
• Even when the relationship is meaningful and beneficial to
the child, the best interests of the child must be considered.
• “ What in a relationship is left for preservation by an openness order
may be only a sliver to those who make decisions for the child. It may
be a very important sliver to the child. In the end, there is likely
considerable benefit even in a sliver, viewed through the lens of an
ever-maturing child”.
•
Musings of Justice Katarynych
WHAT WE ARE DOING IN OTTAWA
• Birth families may have input into choosing the adoptive family that is the best
match for their child
• The goal of openness is to have face to face contact and the amount is based on
an assessment of what is beneficial and meaningful for the child, contact is
limited only by safety and well-being considerations
• An openness agreement is facilitated between birth and adoptive parents to
define what is meaningful and beneficial to the child and realistic for both
families
OPENNESS WORKER ‘S ROLE
• Meet with birth parents prior to Crown Wardship or
shortly thereafter to provide information about adoption,
planning and openness
• Support Birth parent into selecting adoptive family for
their child
Offer service to assist in transition from parent to birth parent
role
OPENNESS WORKER
• Begin Process with Birth Parent (Support, Information,
Guidance)
• Collaborate with adoption worker regarding openness
• Co-facilitate meeting with birth parents and adoptive
parents
SOMETHING TO CONSIDER……
• We didn't want our daughter to have the cabbage patch mentality. The truth
is, her life didn't start the day we adopted her. Like us, her history and ours
began a thousand lifetimes ago. •
•
Monica and Debbie, adoptive parents
It has been said that adoption is more like a marriage than a birth: two (or
more) individuals, each with their own unique mix of needs, patterns, and
genetic history, coming together with love, hope, and commitment for a joint
future. You become a family not because you share the same genes, but because
you share love for each other.
•
Joan McNamara, Adoptive parent
ADOPTIVE FAMILY MEETING BIRTH FAMILY
• Adoption worker will meet with adoptive family to prepare them for
meeting the birth family
• At the same time, birth parents will meet with the openness worker to
prepare them for meeting the adoptive parents
• This meeting is not a time to negotiate…this is the beginning of
openness
ADOPTIVE PARENTS MEETING BIRTH FAMILY
• Meeting will take place at CAS or a neutral setting, not in the home
of adoptive parents or birth family
• Adoption worker and openness worker will be present for meeting
• Adoptive Parents and Birth Parents should prepare any questions
ahead of time so all participants are not caught off guard
• Adoptive parents should bring a camera so they can take a picture
of birth family members if they are willing.. .possibly picture together
of adoptive parents and birth parents
THE AGREEMENT
• Defines what information is shared (identifying or not)
• Who is involved – birth parents, extended family, siblings, etc.
• Frequency and Exchange of pictures and letters – how? How
many?
• Email contact
• Telephone contact
• Gifts, cards, letters, mementos from birth family
• Visits – frequency, location, addresses issues of concern ie
addictions and mental health
• Definition of openness, not access
• Limitations of electronic sharing of pictures
• Mechanisms to address problems or need to make changes
POST AGREEMENT CHALLENGES
• Over probationary period your adoption worker will assist and support
adoptive family and children as they learn to live with openness
• Birth family will have opportunity for support
• Openness can be awkward initially until all parties are comfortable with
each other
• Built into each agreement is a process for managing any conflicts or
necessary changes as the child grows or family situation changes
FACTORS WHICH INCREASE OPENNESS
• Mutual concern for child well-being
• Emergence of mutually satisfying relationship between
adoptive and birth parents
• Regular flow of communication between adoptive and
birth family
FACTORS WHICH DECREASE OPENNESS
•
•
•
•
•
•
•
Distance
Major value differences
Relatives or friends who discourage contact
Change in birth family situation (marriage, new child)
Difficulty negotiating comfort zone of contact
Adoptive parent feels contact causing stress to child
Inability of agency to keep up mediated contact to
satisfaction of everyone
COMMITMENT
• Adoptive parents must enter into the
agreement in good faith recognizing the
benefit to their child and their family to
maintain birth family connections.
SOMETHING TO THINK ABOUT…..
• “When she looks in the mirror, we want our daughter to know
herself. It’s hard to face the world when you don’t know where
your face came from.” ~ Adoptive parents
•
• An invisible red thread connects those who are destined to meet,
regardless of time, place, or circumstance. The thread may
stretch or tangle, but it will never break.” ~ An ancient Chinese
belief
•
• Having a child means a piece of your heart is walking around in
the world.” ~ Unknown
• Children need two things. One is roots and the other is wings.” ~
Unknown
KEY ISSUE: PRESERVING RELATIONSHIPS THAT ARE
MEANINGFUL AND BENEFICIAL TO THE CHILD
• Need to ask this question in relation to access at the CW
stage
• Need to ask it again following CW
• CAS has duty to seek permanent home through adoption or custody
or customary care for all Crown Wards
• Need to ask it at the stage of planning for adoption
• If there is no relationship that is meaningful and beneficial to the
child, bring an application to terminate the access
• If there is a relationship that is meaningful and beneficial to the
child, service notices of intent to place for adoption
PLANNING FOR CW WITH ACCESS:
INITIAL STEPS
Prior to the Adoption Conference
• Obtain copies of the court orders for Crown Wardship and
access,
• Obtain court Plan of Care, Statement of Agreed Fact,
Minutes of Settlement, court endorsements or Reasons for
Decision that explain the access order or the basis on
which it was made
• Determine whether an Openness Conference is needed
PLANNING FOR CW WITH ACCESS:
THE OPENNESS CONFERENCE
• Purpose is to determine which relationships are beneficial
& meaningful to the child, and discuss the options,
including:
• Negotiate openness without first serving the Notices
• Return to court to terminate or vary access
• Serve Notice of Intent to place the child for Adoption with access
order in place
PLANNING FOR CW WITH ACCESS:
THE OPENNESS CONFERENCE
• Invite children’s service worker, adoption worker, family
worker if there is continued or recent involvement, lawyer
• Plan for advising the access holder and access subject of
adoption plan. Service of a Notice of Intent to Place is not a
good way to inform anyone about an adoption plan!
• Assign an instructing client who will instruct and
communicate with the legal department or lawyer
SETTING THE STAGE FOR OPENNESS
QUESTIONS
?