Chapter 5 : Section 6
Selecting an Adoptive Family
Policy
The Department shall place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child. No single factor shall be the sole determining factor in the selection of a family.
Factors to consider in selecting an adoptive home, in no order of preference, shall include, but are not limited to:
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The prospective adoptive family’s ability to meet the child’s safety, social, emotional, physical and mental health needs and the ability to financially provide for the child.
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A home with the child’s siblings.
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Established relationship between the child and the prospective adoptive family, including a grandparent or another member of the child’s extended family which includes a person or foster parent who has a significant relationship with the child.
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The marital status, length and stability of the marital relationship of the prospective adoptive parents.
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The wishes of the child.
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The wishes of the child’s birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption.
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The availability of relatives, the child’s current or former foster parents or other significant persons to provide support to the prospective adoptive family and child.
If all relevant factors are equal and the choice is between a married man and woman certified to adopt and a single adult certified to adopt, preference shall be given to a married man and woman.
The Department shall make reasonable efforts to place a child with the child’s siblings or, if that is not possible, to select a family who will maintain visitation or other ongoing contact between the child and the child’s siblings unless a court determines that either the home or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.
The Department shall make efforts to identify and approve an adoptive family for a child upon filing a petition or motion to terminate parental rights or when a concurrent permanency goal of adoption has been identified.
The Department shall not remove a child from the current caregiver if the caregiver is the child’s prospective permanent caregiver without a court order unless:
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the removal is required protect the child from harm or risk of harm, or
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the prospective permanent caregiver requests the child’s removal, or
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the action is required by federal or state law or regulation, or
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to comply with the requirements of the Indian Child Welfare Act (25 U.S.C. § 1903). [A.R.S. § 8-862]
The Department shall not deny or delay a living arrangement based on the race, color or national origin of the adoptive parent or the child (A.R.S. § 8-105.01).
The Department shall not remove the child from the child's foster parents for the sole reason that the foster parents have applied to adopt the child (A.R.S. § 8-105.02).
The Department shall not deny or delay the placement of a child for adoption when an approved out-of-state adoptive family is available.
The Department shall grant an opportunity for a fair hearing to an approved out-of-state adoptive family who alleges that the Department denied or delayed the placement of a child solely because the family resides out-of-state.
A child is eligible for a foster-adoptive caregiver if the concurrent goal is adoption, or the permanency plan is adoption, and the child’s grandparent or other members of the child’s extended family, including a person or foster parent who has a significant relationship with the child, cannot meet the child’s needs for an adoptive caregiver.
Reasonable efforts shall be made to place the child for adoption without adoption subsidy unless such efforts are contrary to the welfare of the child due to significant emotional ties to the prospective adoptive parents while in their care as foster parents or relatives.
An individual residing in Arizona, who wishes to adopt, shall be certified to adopt by the juvenile court (A.R.S. § 8-105), except the spouse of the natural or legal parent of a child or an adult sibling, aunt, uncle, grandparent or great-grandparent of a child by the whole or half blood or by marriage or adoption.
An out-of-state family wishing to adopt shall be approved for adoption by an entity authorized by the state in which the family resides to approve families for adoption.
For the adoption of an Indian child, see Termination of Parental Rights and Adoption of an Indian Child and Placement Preferences of an Indian Child.
Procedures
Considering the Adoptive Family
When selecting the adoptive family, consider:
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if there are siblings with whom the child can be placed;
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there exists an established relationship between the child and the child’s grandparents or other members of the child’s extended family, including a person or foster parent who has a significant relationship with the child or the family of the child’s sibling;
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the child’s grandparent or other members of the child’s extended family, including a person or foster parent who has a significant relationship with the child or the family of the child’s sibling, want to adopt the child;
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the child’s grandparent or other members of the child’s extended family, including a person or foster parent who has a significant relationship with the child or the family of the child’s sibling, meet the safety, social, emotional, physical and mental health needs of the child; and
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which families have expressed interest in adopting the child.
For grandparent, kin or significant relationship adoption
If the child’s grandparent or other members of the child’s extended family or the family of the child’s sibling can meet the child’s needs and no other prospective adoptive families are being considered, follow the procedures in Supervising Adoptive Placements.
Consider the following:
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whether the family will offer the child a positive connection to their heritage and to extended family members;
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the kind of relationship the family has with the child's biological parent(s) and how this relationship will impact the living arrangement;
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to what extent this family can meet the child's physical, social and emotional needs;
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background information which would adversely affect the person's ability to provide a safe, nurturing environment for the child;
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how long the child has had a relationship with the family;
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the nature of the attachment between the child and family;
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to what extent might removing the child from this family cause emotional harm;
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the family’s capacity to claim the child and view the relationship as permanent; and
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to what extent the family will cooperate with future sibling and/or relative contact, if applicable.
If a grandparent or other members of the child’s extended family or the family of the child’s sibling cannot meet the child's needs as an adoptive caregiver, consider a living arrangement with a person who has a significant relationship with the child and may include the child’s foster parent. Next, consider a living arrangement with a family that has no relationship with the child.
Use the following procedures when considering a living arrangement with a grandparent or extended family member including a person who has a significant relationship with the child or the family of the child’s sibling or a family identified as a prospective permanent living arrangement:
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Complete an extensive and documented search for grandparents or extended family members including a person who has a significant relationship with the child or the family of the child’s sibling or a family identified as a prospective permanent living arrangement. Re-contact any grandparent or extended family members whose circumstances may have changed and determine if they are available to be an adoptive caregiver.
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Ensure that the families being considered and all adults permanently living in the household are fingerprinted and have a state and federal criminal history records clearance within the last year and a current DCS records clearance of child abuse and neglect reports and history.
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Provide information to the families being considered on arranging for fingerprint and criminal history records check, if not current within the last year. Have the families and all adults permanently living in the household complete:
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Request for licensing/ employment information, J-709
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Schedule a case conference if the fingerprinting has not been initiated within 30 days. The conference should include the child's DCS Specialist, Program Supervisor, and the grandparent or extended family member including a person who has a significant relationship with the child. It should focus on resolving any barriers to completion of the fingerprinting and certification process and if necessary, on planning for selection of another family.
If the grandparent or extended family member, including a person who has a significant relationship with the child, or any adult permanently living in the household has a criminal history records and/or Department of Child Safety (DCS) records clearance of child abuse and neglect reports and history, use the Assessing Criminal History Guide, DCS-3390, Assessing DCS History Guide, DCS-3391, AAssessing DCS and Criminal History for Perspective Caregivers, DCS-3392, Adoption Selection Process and the Child Information, CSO-1045A to determine whether the family can meet the safety, emotional, physical and mental health needs of the child.
If there are questions concerning the ability of the grandparent or extended family member, including a person who has a significant relationship with the child, or the family of the child’s sibling to meet the needs of the child, conduct a case conference including the DCS Specialist and Program Supervisor, the child's attorney and other professionals as appropriate. A DCS Program Supervisor must approve a decision not to recommend placing the child with a grandparent or extended family member including a person who has a significant relationship with the child or the family of the child’s sibling.
For licensed foster parent adoption
Use the following procedures when considering licensed foster parents as perspective adoptive parents:
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Verify the caregivers is currently licensed as a foster home.
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Verify that a Significant Person Placement checklist has been completed on all household members and is current within the last year.
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Review case files to evaluate the provider’s success in meeting the child’s safety, health and other identified special needs.
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Determine the foster parents' willingness to proceed with certification and adoption.
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If there are questions concerning the foster parent's ability to meet the needs of the child, conduct a case conference including the licensing specialist, DCS Specialist, Program Supervisor, psychologist and/or therapists, medical doctor, teacher and other appropriate professionals such as the child’s attorney and GAL. A supervisor must approve a decision not to recommend adoption with the foster parent.
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If the family is going to continue with foster parenting after the adoption is final, the potential impact on the adopted child.
For no prior relationship adoption
To select a family with no prior relationship to the child, use the procedures in the Adoption Selection Process.
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If no homes are available on the Adoption Registry, begin child specific recruitment efforts within five days. Follow the procedures in Child Specific Recruitment for Adoption.
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Return the files received for the Adoption Family Selection Meeting within ten working days.
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If no home is selected at the Adoption Family Selection Meeting, begin special recruitment efforts within five days. See Child Specific Recruitment for Adoption.
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If an approved out-of-state adoptive family was considered at the Adoption Family Selection Meeting and the child was not placed or a living arrangement was not identified, notify the out-of-state family of:
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the review of their home study at the case conference;
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the fact that no living arrangement was identified; and
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the right to a fair hearing if they feel the Department denied them as the perspective adoptive home of the child solely because they reside out-of-state.
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If an approved out-of-state adoptive family was considered at the Adoptive Family Selection Meeting and the child was placed with another family or another living arrangement was identified, notify the family of the review of their home and that another living arrangement was selected.
Filing for Physical Custody Changes
If the child’s current caregiver is the prospective permanent caregiver initiate a Motion for Physical Custody Change before moving the child.
Ensure that the name(s) and address of the current caregiver are current and accurate on the Motion for Physical Custody Change and Attachment A. The Attorney General's Office will provide a copy of the motion for removal and/or change of permanency goal (case plan) to the prospective permanent caregiver only if the prospective permanent caregiver's name(s) and address are included on the Motion for Physical Custody Change. Otherwise, the DCS Specialist must provide a copy of the motion for removal and/or change of permanency goal (case plan) to the prospective permanent caregiver.
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Good faith efforts must be made to provide a copy of the motion to the prospective permanent caregiver at least 15 days before the hearing on the motion.
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Good faith efforts may include hand delivery, mailing, faxing or emailing the motion to the prospective permanent caregiver.
Documentation
Document the review and analysis of the DCS and criminal history information in a Note.
If the grandparent or extended family member, including a person who has a significant relationship with the child, is approved and selected as an appropriate adoptive parent for the child, enter the approved family into the Adoption Registry according to the procedures found in Assessing Child’s Needs and Preparing for an Adoptive Home. Document the reasons for selection of the family.
Document steps taken, including child specific efforts, to identify and place the child into a permanent adoptive home and to finalize the adoption in the case plan.
Document the number of homes reviewed as potential living arrangements, the names of the homes selected for the Adoptive Family Selection Meeting, which home was selected as the living arrangement and why on the Family Selection Meeting Cover, CSO-1045C, and in a Note in the Case record.
Document efforts to contact grandparents and extended family members including a person who has a significant relationship with the child as well as the assessment of grandparents and extended family members including a person who has a significant relationship with the child using a Note tab in the Case record.
Document efforts to contact families with no prior relationship with the child in a Note in the Case record.
Assessing Criminal History Guide, DCS-3390
Assessing DCS/CPS History Guide, DCS-3391
Assessing DCS and Criminal History for Prospective Kinship Caregiver Discussion Guide, DCS-3392
Family Selection Meeting Cover, CSO-1045C
Family Selection Meeting Worksheet, CSO-1045D
Prospective Caregiver Central Registry Check, CSO-1058A
Prospective Caregiver Central Registry Check (Spanish), CSO-1058-S
25 U.S.C. §1901 et seq. The Indian Child Welfare Act
P.L. 104-188. The Interethnic Provisions of the Small Business Job Protection Act of 1996
P.L. 104-193. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
P.L. 105-89. The Adoption and Safe Families Act of 1997
A.R.S. § 8-103. Who may adopt
A.R.S. § 8-105. Pre-adoption certification; investigation; central adoption registry
A.R.S. § 8-105.01. Adoption; racial preferences; prohibition; exception
A.R.S. § 8-105.02. Adoption by foster parents; removal of child
A.R.S. § 8-112. Social studies; requirements
A.R.S. § 8-513. Participation in activities; contact with relatives; placement with siblings
A.R.S. § 8-514. Placement in foster homes
A.R.S. § 8-862. Permanency hearing
A.A.C. R21-5-413. Adoptable Child: Assessment and Service Plan
A.A.C. R21-5-414. Placement Determination