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Overview of CA Child Welfare Adoption Practice
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Welcome!!! Day 1
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Goals of training o Impart the philosophy that all children deserve family connection and permanence. o Discuss that there are several paths to permanency – adoption in just one of the paths. o Exploration of feelings
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Learning Objectives Knowledge o Things we want you to know, learn, or acquire Skills o Things we want you to be able to do/ demonstrate Values o Things we want you to feel is important and incorporate in practice
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Parking Lot
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Center for Social Services Research - California
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Center for Social Services Research - Add County Name
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State and County Adoption Statistics (CSSR) INSTRUCTIONS –Go to http://cssr.berkeley.edu/ucb_childwelfare/http://cssr.berkeley.edu/ucb_childwelfare/ –Click on the Foster Care button –Click on the Adoption button –Select C2.1 – Adoption within 24 months (exit cohort) –Select the most recent time period (or another time period) –Click the next button –Click the finish button
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AFCARS Staff MUST provide complete, accurate, and timely data in order to avoid federal penalties These items have been problematic in the past: 1.Actions or Conditions Associated with Child’s Removal. 2.Death or Incarceration of Parent(s). 3.Create/Continue a Hearing Date. 4.Hispanic Designation. 5.Case Plan Goals. 6.Financial Aid Documentation/Foster Care Payments. 7.Foster Caretaker/Substitute Care Provider Data. 8.Caretaker Family Structure/Foster Family Structure 9.Caretakers’ Birth Date. 10.Clinically Diagnosed Disability(ies).
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Social Security Act Child Abuse and Prevention and Treatment Act (CAPTA) Adoptions and Safe Families Act (ASFA) Indian Child Welfare Act (ICWA) Multi-Ethnic Placement Act (MEPA) (Safe & Timely) Interstate Compact on the Placement of Children (ICPC) Adam Walsh Child Safety & Protection Federal and State Regulations & other important Codes
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New(er) Laws AB 1856 - Providing Safe, Supportive homes for LGBTQ youthAB 1856 AB458 - The California Foster Care Non- Discrimination ActAB458 Federal and State Regulations & other important Codes
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Title XXII Regulations http://www.dss.cahwnet.gov/ord/PG308.htm Welfare & Institutions Codes (WIC) 366.26 366.3 16115 – 16125 (AAP) 366.24
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Identifying Values Related to Permanency & Adoptions Questions about Permanency –Children are unsuitable for permanency when… –Adopted children and children under guardianship are… –When considering placing a child outside his/her geographic region, I am most concerned about… –When formulating a permanency plan for a teen-ager, adoption is…
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Assumptions about Permanency Adoption and guardianship are different from birth families. Adjustment to non-birth parent permanency is a lifelong process. Adopted children and those under guardianship bring genes, birth experience, family ties, and life history to the permanency family. Adoptive/guardianship parents, biological parents, and children share a sense of loss. Permanency is a service on the continuum of protective services to children. All children who are unable to return to their own home should be considered for permanency.
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Types of Permanency Options Placement Preferential Order Remain safely in birth home Placement with Relatives or Extended Non- relative (mentor) Foster Family Home Foster Family Agency Home Group Home (institution care) The lowest level of care must used based on the needs of the child. Once a child is placed out of home, we must look toward placing a child in a placement that can offer a permanency plan should reunification not be successful.
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Reunification Timelines California Timelines
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Benefits to Adoption Keep Connection Share Information Birth Families Care Not a Threat Know the Permanency Outcome Feel more Authentic Healthier Relationships Develop
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Caregiver/Child Matching Caretaker Suitability Child Match Characteristics Consideration of Kin
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Caregiver/Child Matching Caregiver – Child Matching Successful Characteristics of Adoptive Parents Successful Characteristics of Special needs adoptive families
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Home Study Philosophy Shift The SAFE Model –Structured –Analysis –Family –Evaluation ACTIVITY – Python Home Study
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Welcome!!! Day 2
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Crossword Puzzle
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7 Core Issues of Adoption 1.Loss, 2.Rejection, 3.Guilt/Shame, 4.Grief, 5.Identity, 6.Intimacy & Relationships, 7.Control/Gains http://www.adoptionsupport.org/res/7core.php
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Psychosocial Model of Adoption Adjustment –Adoption as a Risk Factor Infancy Toddlers and Preschoolers Middle Childhood Adolescence 7 Core Issues of Adoption
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Attachment/Reaction to Separation and Loss Impact of Abuse and Neglect 7 Core Issues of Adoption
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Placement Moves: Impact on Children –Attachment –PTSD –Abuse, Stress & Anger 7 Core Issues of Adoption
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Impact of loss Placement Moves Exposure to Trauma Early Interactions Affect the BRAIN
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Full disclosure to all participants –Definition Respectful, candid discussion that begins when a child is placed in foster care. Full disclosure is offered to the parents and other team members, and continues throughout the life of a case. Disclosure and Confidentiality National Resource Center for Permanency and Planning Connections http://www.nrcpfc.org/cpt/component-two.htm
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Full disclosure to all participants –Entitled parties –What Information should be disclosed? –Parental Relinquishment Disclosure and Confidentiality National Resource Center for Permanency and Planning Connections http://www.nrcpfc.org/cpt/component-two.htm
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Adoptive Placement Completing Adoptive & Placement Forms –AD 512 – Psychosocial and medical history of child –JV285 – Relative Information –AD67 – Information about the birth mother –AD67A – Information about the birth father –Adopt 310 – Contact after Adoption agreement –Adopt 330 – Request for appointment of confidential intermediary –Adopt 331 – Order of appointment of confidential intermediary
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Completing Adoptive & Placement Forms –AD 904 – Consent for contact –AD 904A - Waiver of rights to confidentiality for siblings –AD 904B - Waiver of rights to confidentiality for siblings: Under the age of 18 –AD 908 – Adoption Information Act Statement –AD 908A – Adoption Information Act Statement: Adult Adoptee Adoptive Placement
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Voluntary Relinquishment Definition –Relinquishment means that a birth parent surrenders their custody and control and any responsibility for the care and support of the child to the department or any licensed public or private agency. Parental Advisement
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Voluntary Relinquishment Social Worker Assessment Adoption Worker Assessment
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Voluntary Relinquishment Assessment for Potential of Reunification –Reunification Assessment Checklist Strong potential for reunification indicators Week potential for reunification indicators –Egregious Circumstances
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Voluntary Relinquishment Permanency Planning Mediation –Most Commonly Asked Questions Why mediation? Who may ask for mediation? Must a family enter into mediation? What families are appropriate for mediation? Is adoption always the goal of permanency planning mediation? What is an open adoption agreement? What is “safe contact” for the child? –Waiver of Reunification
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Voluntary Relinquishment Substantial Probability of Return –Definition The parent/guardian has consistently contacted and visited the child, made significant progress in resolving the problems leading to the children’s removal, and demonstrated the capacity and ability to complete the case plan objectives… –Consistent contact and visitation –Significant progress –Capacity and ability to be a safe parent
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Reunification Timelines California Timelines
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Substantial Probability of Return ACTIVITY
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Voluntary Relinquishment Firm Timelines 1 mo2 mo3 mo4 mo5 mo 6 mo 7 mo8 mo9 mo10 mo11 mo12 mo 3 years of age on the date of their initial removal Some/all siblings when at least one was under the age of 3 on the date of their initial removal IF the court determines that the same 366.26 hearing date is needed to find/maintain permanency
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Voluntary Relinquishment Parental Competency –Agency Determinations before accepting relinquishment –AD 855A (Statement of Understanding Agency Adoption Program)
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Special Topics Safe Surrender Definition An infant is considered to be safely surrendered if the child: Is 72 hours old or younger Is voluntarily surrendered by a parent or individual w/ lawful custody Is surrendered to personnel on duty at a designated safe surrender site Hast not suffered abuse and/or neglect Safe Surrendered Baby Law (http://www.babysafe.ca.gov/)http://www.babysafe.ca.gov/
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Welcome!!! Day 3
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Transitioning Transition Tools –Photo Album –Family Video http://www.galleryleather.com/photo-albums
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Transition Tools –Pre-Placement Calendar Pre-Verbal Child Preschool Child School-age Child Children in residential care Moving children out of state Children with developmental disabilities
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Transition Tools –Good-bye Letter –Candle Ceremony –Child’s List
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Transitioning Needs and Fears
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Transitioning Multiple Purposes of a Lifebook Child Information Gateway This is my Story Tip Sheet Life Book pages Sample Life Book – Annette ZhenAnnette Zhen http://www.emkpress.com/pdffiles/lifebook.pdf
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Transitioning Eco-Map Eco Map Reference
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The Cover Story Transitioning My name is ___________________ I came from (town/state) ________
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Transitioning Adoption and Pre-Placement Plan
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Interviewing Children Three Aspects of Parenting –Birth Parent –Legal Parent –Parenting Parent
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Interviewing Children Talking to Children about their Birth Parents –Preschool –Early elementary –Middle School
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Interviewing Children Talking to Children about Permanency
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Working with Birth Parents Compelling Reasons not to Terminate Parental Rights –Regular visitation –Child is 12 years and objects to TPR –Child is in a residential tx facility, adoption is unlikely or undesirable –Child is living with a relative or foster parent who is unable or unwilling to adopt b/c of exceptional circumstances… –There would be substantial interference with a child’s sibling relationship…
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Working with Birth Parents Assessment of the Potential for Reunification Strong potential for Reunification Indicators Weak potential for Reunification Indicators Parent-Child RelationshipCatastrophic Prior Abuse Current Parental Support SystemDangerous Lifestyle Past Parental Support SystemSignificant CWS History Family HistoryHistorical Influences Parent’s Self-care & Maturity Child’s Development
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Working with Birth Parents Danielle’s Family
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Working with Birth Parents What do families expect of the adoption process? Graphic Reference
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Welcome!!! Day 4
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Court Timelines & Adoption ACTIVITY
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Court Timelines & Adoption Time to Finalization 366.26 Reports 361.5 Adoption Assessment
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Post Adoption Phases in Post Adoption –Initial Adjustment –Growth/ Time brings change –Crisis Early Adjustment phase Transitional phase Adult phase
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Post Adoption Crisis Periods Areas where problems are most likely to occur: Entitlement Claiming Separation and Loss Bonding and Attachment Identity formation Unmatched expectations Shifting Family System
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Post Adoption Disruption/Dissolutions Disruption – adoption process ends after the children is placed in an adoptive home and BEFORE the adoption is finalized. Dissolution – adoption in which the legal relationship between the adoptive parents and adoptive child is severed AFTER the adoption is legally finalized. Child Information Gateway
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Non NMD - Policies and Procedures Eligibility –Age eighteen AND in foster care dependency under the jurisdiction of the juvenile court –Are on probation and under an order for foster care placement at age 18 –Are eligible for either federal or state AFDC-FC –Meet any of the above circumstances and are: In foster care and pregnant and/or parenting In foster care and residing out-of-county or In foster care and residing out-of-state –Are in a Non-relative legal guardianship (NRLG) established through juvenile court and sign a mutual agreement to remain in foster care. –Youth who do not qualify are still able to pursue an adult adoption. However, only NMD adoptions are eligible for AAP benefits.
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Non NMD - Policies and Procedures Case Planning –The social worker helping the NMD to identify permanent connections –The social worker facilitating contact between NMD and relative(s) or tribal customary adoptive parent(s) –The social worker documenting the NMDs desire to be adopted by an adult who has been established as a permanent connection
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Disclosure DependencyNon-Minor Dependents 1.Full disclosure mandated (Title 22, section 35195 (1)(a),(b)). 2.Social worker responsible for collecting and disseminating information. 3.AD 512NMD- Social worker attaches all documents and information provided.AD 512NMD 4.AD513NMD - None in dependency adoption.AD513NMD 1.Full disclosure not mandated (NMD has sole authority). 2.Disclosure of background information is determined by the NMD. 3.Any background information or placement history cannot be shared without the consent of the NMD. 4.Worker is responsible for instructing NMD how to obtain and disclose information. 5.(HO76) AD 512NMD -Worker attaches all information NMD authorizes release of and/or writes “Declined” across any sections NMD declines to share. Worker and NMD acknowledge receipt of information in writing.AD 512NMD 6.(HO 77) AD513NMD - Explains requirements for releasing background information. Requires signatures of NMD, worker and adoptive parent.AD513NMD
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Disclosure Practice Considerations –Workers must advise NMDs about the importance of mutually trusting relationships with prospective adoptive parents. –Workers shall explain the role of background information in the negotiation of the AAP benefit amount. –If workers have knowledge of background information that may pose a concern for the adoptive family and the NMD chooses not to disclose, the worker may indicate in their court report that the adoption is not in the best interests of the NMD and the prospective adoptive parents. W&IC 366.31(f)(5)(G).
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Assessment & Court If the court makes an order of adoption at a 366.3 hearing, the court will set a hearing within 60 days. –The NMD must consent to the adoption. –A hearing to terminate parental rights is not required. –EXCEPTION. If the NMD is an Indian Child and Tribal Customary Adoption is recommended as the permanent plan, AB1712 authorizes: The permanent plan must follow the process for TCA as outlined in current regulation. NMD adoption does not terminate parental rights. NMD’s who are receiving benefits in the After 18 program are eligible for the Adoption Assistance Program (AAP) until age 21.
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Assessment Report Must include a recommendation to the court as to whether adoption is in the best interests of the NMD and prospective adoptive parent(s). The assessment shall focus on the following: –Evaluate the length and nature of the relationship between the NMD and the prospective adoptive parent –Determine whether a permanent connection has been established with the NMD and prospective adoptive parent and whether NMDs needs are being met –Evaluate the ability of the prospective adoptive parent to meet the specific needs of the NMD –The prospective adoptive parent’s motivation to adopt
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Assessment & Placement Face-to-face visits are required to complete the assessment. Interviews must be youth focused and conducted individually and conjointly. Online interviews using video chat (Skype) may be used in cased on travel hardship. The NMD does not have to reside with adoptive parents; however they must provide support (emotional and financial). If the NMD has a developmental disability the worker shall involve the regional center caseworker (if applicable) in determining whether adoption is an appropriate plan and the prospective adoptive parents are capable of meeting the needs of the NMD. If a final assessment does not recommend that adoption is in the best interest of the NMD, the prospective adoptive parent and NMD may file a request for a grievance. Prospective adoptive parent(s) will be required to provide criminal history background information. Background clearances are required for authorization of Adoption Assistance Payments (AAP).
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Court Reports A Court report must be submitted a minimum of ten (10) calendar days prior to the hearing. The Court Report must have the following completed documents attached: Non-minor Dependent Mutual Disclosure Agreement Form (AD 513NMD)Non-minor Dependent Mutual Disclosure Agreement Form (AD 513NMD) Adoption Assistance Program Agreement (AD 4320) Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475)Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475) Judicial Council form Consent of Spouse or Registered Domestic Partner to Adoption of Nonminor Dependent (JV-477) (if applicable)Judicial Council form Consent of Spouse or Registered Domestic Partner to Adoption of Nonminor Dependent (JV-477) (if applicable) Judicial Council form Order of Adoption of Non-minor Dependent (JV- 479) – To be submitted at finalization hearingJudicial Council form Order of Adoption of Non-minor Dependent (JV- 479)
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AAP Benefits – Families AAP benefits are available to families who complete a NMD adoption through the juvenile court. A NMD adopted after the age of 18 may be eligible for AAP benefits if: They meet the three parts special needs determination They meet the citizenship requirement They meet one of the Title IV-E (federal) Eligibility Paths The public adoption agency must inform the prospective parent that the following may be available: AAP benefits Reimbursement of non-recurring adoption expenses of up to $400 and/or Potential for a state and federal tax credit (please consult a tax professional)
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AAP Benefits – NMD Eligibility The public adoption agency is in charge of determining the NMD’s AAP eligibility. NMD’s must meet one of the five participation criteria for AAP benefits to age 21: Attending/completing high school or an equivalency program Enrolled in post-secondary or vocational school Participating in a program or activity that promotes or removes barriers to employment Employed at least 80 hours per month Is incapable or participating in one through four above due to a documented physical or mental condition.
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AAP Forms AAP 7 - Adoption Assistance Program Statement of AcknowledgementAAP 7 AD4320 – Adoption Assistance Program AgreementAD4320 AD907 – Adoption Placement AgreementAD907 STATE ID NUMBER During the review hearing where NMD adoption is ordered as the permanent plan, the adoption agency shall file the following: AD 90 – (Acknowledgment and Confirmation of Child Freeing Documents) AD 90 AD 558 – (Notice of Removal) AD 558 CDSS will issue an AD 4333 to confirm receipt of the documents and will provide the agency with a state case number. If, for any reason the adoption does not finalize, a Notice of Removal (AD580) must be file with CDSS.AD580
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