La. Admin. Code tit. 67 § V-7321

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-7321 - Adoption Services

A. General Requirements

1. All birth parents shall be informed of the statutory requirements of CHC 1107.1 et seq. when considering adoption as a permanent plan. The provider shall advise the parent to seek independent legal counsel. Documentation shall consist of a statement signed and dated by the birth parent and child-placing agency representative acknowledging that the biological parent was informed of the statutory requirements of CHC 1107.1 et seq.

2. The provider shall not use coercion, financial or other enticements in securing surrenders from birth parent(s). A surrender shall not be executed any earlier than the third day after the birth of the child per CHC 1122.

3. The provider shall inform the birth parent(s) that a valid surrender for adoption to a child-placing agency is final and irrevocable and makes the child-placing agency legally responsible for selecting the most appropriate permanent placement for the child. Any previous placement agreements or understandings between the provider and the birth parent(s) are considered preferences which are not legally binding in the absence of a court order. Documentation shall consist of a signed and dated statement by the CPA representative and the birth parent acknowledging the irrevocability of their decision and rights. Documentation shall also include a signed and dated statement that any previous placement agreements or understandings between the provider and the birth parent(s) are considered preferences which are not legally binding in the absence of a court order.

4. The provider shall inform the prospective adoptive parent(s) of the Louisiana Adoption Resource Exchange (LARE), a resource within DCFS of children available for adoption. If the prospective adoptive parent(s) are interested in adoption, the provider shall assist them with making an inquiry on the child to the DCFS adoption unit. Documentation that the prospected adoptive parent(s) were informed about LARE shall include adoptive parent(s) signatures and date.

5. The provider shall have a current Louisiana Adoption Resource Exchange (LARE) photo listing of children available for adoption to show all prospective adoptive families.

6. The provider shall inform the adoptive parents of the DCFS Louisiana Adoption Voluntary Registry which facilitates voluntary contact between adult adoptees, their birth parents, and/or siblings. The provider shall inform the adoptive parents that detailed information is available at dcfs.louisiana.gov. Documentation that the prospective adoptive parents were informed about the reunion registry shall include adoptive parent signature and date.

7. The provider shall inform the birth parents of the DCFS Louisiana Adoption Voluntary Registry which facilitates voluntary contact between adult adoptees, their birth parents and/or siblings. The provider shall inform the birth parents that detailed information is available at dcfs.louisiana.gov. Documentation that the birth parents were informed about the registry shall include birth parent signature and date.

8. Prior to placement, prospective adoptive parents shall be informed (telephone or electronic communication) every 60 days of the status of their application. Documentation shall include the date of notification, name of prospective adoptive parent, and signature of the child-placing agency representative making the notification or copy of email sent.

B. Certification of an Adoptive Home

1. The child-placing agency shall provide information to prospective adoptive parent(s) regarding the following:

a. the adoption process;

b. legal procedures;

c. the provider's policies and practices;

d. how children and prospective adoptive parents are matched;

e. prospective adoptive parent(s) responsibilities;

f. supervisory pre and post placement visit requirements;

g. process of obtaining a social security number or card for the child;

h. process of obtaining a revised birth certificate after finalization;

i. medical coverage options after finalization;

j. fees and costs to prospective adoptive parents;

k. subsidy availability;

l. home study process;

m. state central registry clearance requirements; and

n. criminal background clearance requirements.

2. Documentation shall consist of a signed and dated statement by the prospective adoptive parent noting discussion of the topics outlined in §7321.B l

3. A child shall not be placed in an adoptive placement until the adoptive parents are certified and the home has been approved. If a couple is legally married and is seeking to adopt a child/youth, both individuals shall meet certification requirements. If an individual is seeking to adopt a child/youth, he/she has not yet been judicially separated or divorced and his/her spouse continues to reside in the home, both individuals shall meet certification requirements.

C. Home Study-Adoption Certification

1. In addition to the requirements for a home study noted in §7315.A 10, the provider shall also document and assess the following with regard to prospective adoptive parents:

a. motivation to adopt;

b. attitude toward birth-parent(s) with regard to the reason the child was placed for adoption;

c. understanding and acceptance of the adoptive child's background, heritage, and identity;

d. willingness to allow contact with birth family (parents, siblings, extended family) or others significant in child's life;

e. willingness to discuss adoption and adoption related issues that may arise with the child; and

f. a plan for guardianship of the child in the event of incapacity or death of adoptive parents prior to the child reaching the age of majority.

D. Child Placement for Adoption

1. Prior to adoptive placement, the provider shall establish the availability of a child through:

a. a certified copy of a legally executed voluntary surrender(s) from the birth parent(s):

i. prior to the execution of the surrender and in accordance with CHC 1120, the surrendering parent shall participate in a minimum of two counseling sessions on two separate days with a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, licensed counselor, or a counselor employed by a child-placing agency relative to the surrender;

ii. the counselor shall execute an affidavit attesting that the surrendering parent attended a minimum of two sessions and whether the surrendering parent appeared to understand the nature and consequences of his/her intended act. The affidavit of the counselor shall be attached to the act of surrender;

iii. if, in the opinion of the counselor, there is any question concerning the parent's mental capacity to surrender, the basis for these concerns shall be stated in the affidavit. If indicated, the affidavit shall contain a specific recommendation for any further evaluation that may be needed to ascertain the parent's capacity; and

iv. if the surrendering father is of age of majority he may waive the two counseling sessions. In this case, the provider shall execute an affidavit attesting to the father's waiver and that the surrendering father appeared to understand the nature and consequences of his intended act. The affidavit of the counselor or attorney shall be attached to the act of surrender;

b. judgement of abandonment against the birth parent(s);

c. judgement of termination of parental rights against the birth parent(s); or

d. death certificate of birth parent(s).

E. Selection of an Adoptive Home

1. The provider shall select an adoptive family for a child based on the assessment of the child's needs and an assessment of the prospective family's ability to meet those needs.

2. The child shall participate in the placement process and in the decision that placement is appropriate, to the extent that the child's age, maturity, adjustment, family relationships, and the circumstance necessitating placement justify the child's participation.

3. The provider shall assess a child's racial, cultural, ethnic, and religious heritage and preserve them to the greatest extent possible without jeopardizing the child's right to care and a permanent placement.

4. The following factors regarding selection of a family shall be carefully considered:

a. the placement of siblings as a family group unless contraindicated by:

i. the nature of sibling relationships;

ii. the likelihood that placement would be unduly delayed by waiting for a family who will accept all of the children in a sibling group; and

iii. the existence of significant affectionate attachment between a child and foster parent(s) who wishes to adopt only the individual child of the sibling group already placed in the home when an independent assessment indicates that the child's psychological bond to the foster parent(s) is so strong that it is more important to the child than the sibling relationship(s). The independent assessment shall include the foster parent(s) willingness to maintain sibling contact after finalization of the adoption. The assessment shall be conducted by a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed counselor not affiliated with the agency.

b. the prospective adoptive family's willingness and ability to provide for the medical, educational, and psychological services identified as needed by the child;

c. the family's ability to accept the child's background and his mental, physical, and psychological limitations/strengths;

d. the potential impact of factors such as life style, expectations, culture, and perception of family life on the ability of the family and the child to bond.

5. Birth parent(s) may be considered for permanent placement of the child when:

a. an assessment indicates that this plan is in the best interest of the child;

b. the child and birth parent(s) have the capacity to form an affectionate and healthy parent-child relationship; and

c. the birth parent(s) meets the certification standards as an adoptive parent.

F. Placement Agreement with Adoptive Parent(s)

1. Prior to placing a child with a certified adoptive parent, provider shall obtain a child specific placement agreement signed and dated by adoptive parent and child-placing agency representative to include the following:

a. acknowledgement that the child is legally available for adoption;

b. the child is being placed with the adoptive parent(s) for the purpose of adoption;

c. the child remains in the custody of the provider until the adoption is finalized;

d. the adoptive family assumes financial responsibility for the child or in accordance with special provisions for financial responsibility included in the agreement;

e. the number of supervisory visits to assess the progress of the placement prior to finalization;

f. agreement to finalize the adoption in accordance with CHC 1211 and 1214;

g. agreement to cooperate in making a planned move for the child if removal is necessary, except in emergency circumstances;

h. reporting to the provider any changes in circumstances having an effect on the child or the adoption;

i. acknowledgement that the family will not take the child out-of-state or authorize any special medical care or treatment for the child without the consent of the child-placing agency; and

j. acknowledgement that the child-placing agency shall provide supportive services to the family to promote healthy parent-child adjustment and bonding.

G. Right to Contact with Family and Collateral- Adoption

1. A child/youth has the right to consult and visit with his/her family (including but not limited to his or her mother, father, grandparents, brothers, and sisters), legal guardian(s) and friends prior to surrender.

2. A child/youth has the right to telephone communication. The provider shall allow a child/youth to receive and place telephone calls in private prior to surrender. There shall be no restrictions on communication between a child/youth and the child/youth's legal counsel.

3. A child/youth has the right to send and receive mail and electronic mail. The provider shall allow children/youth to receive and send all mail unopened, uncensored, and unread by staff prior to surrender. Correspondence from a child/youth's legal counsel shall not be opened, read, or otherwise interfered with for any reason.

4. A child/youth has the right to consult freely and privately with legal counsel.

5. A child/youth has the right to communicate freely and privately with state and local regulatory officials.

H. Supervision of the Child in an Adoptive Placement Prior to Finalization

1. The provider placing a child in an adoptive placement shall retain custody and remain responsible for the child until a final decree has been granted.

2. Provider shall conduct an initial in home in person supervisory visit with the child and one adoptive parent within seven calendar days of the child's placement. Effective August 1, 2021, in accordance with Act 6 of the 2021 Regular Legislative Session, the next in home inperson supervisory visit shall occur within 30 days of the initial in home in-person supervisory visit.

3. After the visits noted in §7321.H 2, provider shall conduct an in home supervisory visit with one adoptive parent at least once every other month. Provider shall observe the infant in the home at each supervisory visit conducted.

4. Provider shall conduct a private supervisory visit without the presence of the adoptive parents with each child age one year and above; every other month with at least a segment of the visit occurring in the adoptive home.

5. Provider shall conduct an in home supervisory visit with both adoptive parents and child within 30 days prior to the final decree.

6. Documentation of the contact noted in §732l.H. 1-5 shall include:

a. date and time of visit;

b. individuals present;

c. location of visit;

d. duration of visit;

e. assessment of adjustment of the child and adoptive parent;

f. assessment of attachment and bonding;

g. assessment of health of child;

h. changes since last contact;

i. summary of visit; and

j. signature of person conducting supervisory visit or phone contact.

7. At least three of the supervisory visits (including the visit prior to final decree) prior to finalization shall include both adoptive parents and all other members of the household.

8. Observations made during the visits shall be used in making recommendations for finalization of the adoption. If problems are identified, the provider shall assist the family directly and/or refer the family to a resource to address the concerns.

9. Child-placing agency staff shall be available to provide the child and adoptive parent(s) assistance, consultation, and emotional support with situations and problems encountered in permanent placement through finalization.

10. The child-placing agency shall provide 24 hour crisis intervention to the adoptive family through finalization.

11. Effective August 1, 2021 and in accordance with Act 6 of the 2021 legislative session, provider shall submit a confidential report to DCFS, Child Welfare concerning requirements noted in Section 7321.H 2-10 upon completion and to the court prior to the hearing on the final decree of the adoption. If DCFS requests additional information, the provider shall submit the requested information to the department by the date specified in the notification correspondence.

I. Child Case Record-Adoption Surrender

1. The provider shall maintain a record from the time of the birth parent's application for the child's placement through adoption finalization and termination of CPA services provided to the family.

2. All information in the child's record shall be continuously updated.

3. The child-placing agency shall obtain a signed copy of the act of surrender committing the child to the child-placing agency for the purpose of adoption within one calendar day of the surrender.

4. The child-placing agency shall obtain a signed copy of the court order approving the surrender within 45 calendar days of the act of surrender.

5. The child-placing agency shall document the child's name, sex, race, nationality, birth date, and birth place within 24 hours of placement.

6. The child's case record shall contain the following information within three calendar days of placement:

a. information about the child and the child's family;

b. initial medical assessments and evaluations;

c. the basis for selection of the home for the specific child;

d. the current name, address, telephone number, and marital status of the birth parent(s);

e. a narrative or summary of the services provided to the birth parent and perspective adoptive parent(s);

f. information gathered during the intake process;

g. certificate of live birth;

h. a copy of the required home study and all supporting documents; and

i. name of prospective adoptive parent(s) and date of placement.

7. All court documents and medical records shall be filed in the child's record throughout the adoption process through finalization.

8. The provider shall obtain information from the birth parent in accordance with CHC 1125 for the record.

9. If either birth or legal parent is unavailable, unwilling, or unable to assist with the completion of necessary information, the provider shall document information, to the extent possible, from the existing case record.

10. Within 30 calendar days of finalization, the case record shall be complete and contain all documentation to include court documents and medical records.

J. Updating Adoptive Home Study

1. If more than a year has lapsed since the family was certified as an adoptive home and there has not been a placement, the original home study shall be reviewed and updated prior to placement of a child in the home including new federal background checks and state central registry clearances. Physical examinations shall be updated if not current as referenced in §7315.E.4 Update shall include any changes from the original homestudy or documentation to reflect that no significant changes were reported or observed. Documentation shall include date, signature of person updating the homestudy, and signature of a licensed clinical social worker, licensed master social worker with 3 years of experience in adoption or foster care services, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, licensed marriage and family therapist approving homestudy update. Federal background checks and state central registry clearances shall be dated within 12 months prior to placement of a child.

2. For families who have had an adoptive placement finalized within the last 12 months and wish to apply for adoption of another child, the original home study shall be reviewed and updated prior to placement of child in the home. Update shall include any changes from the original homestudy or documentation to reflect that no significant changes reported or observed. Documentation shall include date, signatures of person updating the homestudy, and signature of a licensed clinical social worker, licensed master social worker with 3 years of experience in adoption or foster care services, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist approving homestudy update. Federal background checks and state central registry clearances shall be dated within 12 months prior to placement of the second child.

K. Adoption Disruption

1. When it has been identified that there is a potential adoption disruption, the provider shall assist the adoptive family and child to plan for the removal of the child in a manner least detrimental to the child. Except with emergency removal, the provider shall hold a planning conference to review the situation prior to removal. The planning conference shall be attended by the adoptive parents, the child (if and when in the best interest of the child), and provider. The planning conference shall include the following:

a. concerns with the placement;

b. resources used and resources which may preserve placement;

c. pros and cons of continuing the placement;

d. decision whether to disrupt the placement or maintain the placement;

e. when maintaining the placement is the plan, identifying additional services to be utilized; and

f. discussion of placement alternatives for the child and how the removal will occur if the placement is unable to be preserved.

2. A summary of the conference shall be documented by the child-placing agency and shall be signed and dated by all attendees.

3. The child-placing agency shall assist the family in providing the child the reason for the disruption, using age appropriate language. When this is not possible, the provider shall inform the child.

4. The child-placing agency shall provide services to families who suffer an adoption disruption to deal with their grief and decide if another adoptive placement is an appropriate plan. Services provided shall be documented in the adoptive parents' record and signed and dated by a child-placing agency representative.

L. Domestic Adoptions

1. In domestic adoptions, DCFS may request information and/or documents from the provider required to be submitted to the court. The provider shall submit the requested information and/or documents to the department by the date specified in the notification correspondence.

2. If the child was born in Louisiana, the provider shall submit the required fee, and a completed Certificate of Live Birth form PHS 19, to the department within 21 calendar days of the adoption finalization for a revised birth certificate.

3. For a child born in a state other than Louisiana, the child-placing agency shall submit a request to the vital records registry of that state in order to reissue the child's birth certificate. A certified copy of the reissued birth certificate shall be given to the adoptive parent and a copy maintained in the child's record.

M. Intercountry Adoptions

1. The provider shall maintain a copy of the home study in the child or family's record.

2. Prior to the initiation of an intercountry adoption, the petitioners shall obtain a certified copy of the child's birth certificate, and, if the certificate is not in English, a certified translation of the certificate, shall be attached to the petition for adoption. If a certified copy of the birth certificate and certified translation are not available, the court may make findings on the date, place of birth, and parentage of the adopted person in accordance with the provisions of R.S. 40:79(C)(2).

3. For adoptions finalized in the United States, the provider shall file a petition for an intercountry adoption and maintain a copy in the child's record.

4. The provider shall maintain a copy of the court judgement recognizing the foreign adoption in the child's record prior to ending post placement supervision with the family.

La. Admin. Code tit. 67, § V-7321

Promulgated by the Department of Children and Family Services, Licensing Section, LR 45388 (3/1/2019), effective 4/1/2019, Promulgated by the Department of Children and Family Services, Licensing Section, LR 47353 (3/1/2021), Amended LR 47443 (4/1/2021), Amended LR 47, Repromulgated LR 471850 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1407(D).