Chapter 5 : Section 12

Unsuccessful Placements

Policy

A family may withdraw from consideration for placement of a specific child at any time prior to placement by notifying their certification specialist or the child's DCS Specialist. A family that withdraws may remain on the Adoption Registry as a prospective adoptive home for other children.

During the supervision period, a family may request removal of a child placed in their home by submitting the request in writing to the child's DCS Specialist.

If a request for removal of the child by the prospective adoptive family is made after the filing of the Petition to Adopt, the family must withdraw the petition from court.

If at any time the DCS Specialist and Program Supervisor believe the certified adoptive parent is not meeting the child’s needs, the DCS Specialist will meet with the family and offer supports and services. If the DCS Specialist and Program Supervisor determine the child should be removed, the Department shall request a hearing on removal of the child if the family does not agree with the removal and does not withdraw the petition to adopt.

If removal of the child is necessary, the Department will provide counseling for both the child and the family.

Procedures

Considering Removal

Provide counseling for families who wish to withdraw from consideration for a particular child or who have requested that a child be removed from their home. Help the family to determine whether they want:

to remain on the Adoption Registry with their current listing;
to change their "child desired" specifications;
to be placed "on hold" for a period of time; or
to withdraw from the Registry.

Removal After Petition has been filed

Notify the family and the assigned Assistant Attorney General, county attorney or the family's attorney of the need to withdraw the petition.

Instruct the family that they may remain on the Adoption Registry as long as their certification to adopt remains in effect.

If Adoptive Parent Disagrees with Removal

If the certified adoptive parent (who is also the child’s prospective permanent caregiver) disagrees with the child’s removal, a change in placement cannot occur without a court order, unless:

the removal is required to protect the child from harm or risk of harm; or
the action is required by federal or state law or regulation; or
to comply with the requirements of the Indian Child Welfare Act (25 U.S.C. § 1903).

If the certified adoptive parent disagrees with the child’s removal, initiate a Motion for Physical Custody Change in Guardian before moving a child. The assigned AAG will file a Motion for Physical Custody Change and request a hearing.

If Adoptive Parent Disagrees with Change in Goal

If the Department determines that a change in the permanency goal (case plan) from adoption to another goal is in the child’s best interests and the certified adoptive parent (who is also the child’s prospective permanent caregiver) disagrees with the decision, discuss requesting a hearing for a change of case plan with the AAG.

Providing a Copy of the Motion to Prospective Adoptive Parent

Ensure that the name(s) and address of the certified adoptive parent(s) 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 to the certified adoptive parent only if the certified adoptive parent's name(s) and address are included on the motion. Otherwise, the DCS Specialist must provide a copy of the motion to the certified adoptive parent.

Good faith efforts must be made to provide a copy of the motion to the certified adoptive parent at least 15 days before the hearing on the motion.

Good faith efforts may include hand delivery, mailing, faxing or emailing the motion to the certified adoptive parent.

Documentation

To reflect any change in a family's child preferences and special capabilities, the Adoption Registry Specialist will update in the Provider’s Placement Preferences tab in Guardian.

If removal of a child is necessary prior to filing the Petition to Adopt, update the Adoption Registry within five days of the child's removal.

Document the removal and the reasons in the case record by completing the Legal Status, Service Request, and Service Approval tabs in Guardian.

If applicable, close the family's adoption certification record in Guardian.

Document disruption of the pre-adoptive/foster-adoptive living arrangement or an adoptive living arrangement by entering the disruption date and disruption reason in the case record in Guardian.