Section 148-19-12 - REQUIREMENTS FOR SERVICES TO ADOPTIVE APPLICANTSA. Eligibility The eligibility requirements of the agency shall be explained to persons wishing to apply to adopt. These eligibility requirements shall include such factors as residence, age, religion, health, make up of the family, and financial ability to provide for the child.
B. Application All of the information requested below shall be obtained prior to beginning the Adoption Study in accordance with Section 12(C) of these rules.
In the application process the agency shall obtain:
1 A formal signed application.2 A medical statement from a duly licensed physician on each applicant based on an examination within the six months prior to the date of application on forms provided by the agency.5 A minimum of three personal references unrelated to the applicants who have known the family a sufficient length of time to make a judgment about them.6 Releases signed by each adult member of the household permitting the child placing agency to request criminal history records from the Department of Public Safety, State Police, Bureau of Identification, and to request child protective screenings from the Department of Human Services, or releases signed by each adult member of the household directly to the Departments named above authorizing release of criminal history records to the child placing agency and to the Department of Human Services authorizing release of child protective information to the child placing agency and shall obtain those reports.7 Releases signed by each adult member of the household permitting the agency to request any adoptive and foster home studies from other child placing agencies and the Department of Human Services. The child placing agency shall obtain those studies.C. The Adoption Study 1 The adoption study may be done individually or in groups. Minimally it shall include the following which shall be evidenced in the adoption study:
a At least one visit to the applicant(s) home,b Individual interviews must be seen individually. Individual interviews with the applicants and, if husband and wife, they must be seen individually as well as jointly,c If there are children in the family, they must be involved in the study,d A minimum of three references must be contacted.. at least one of whom must be seen in person if living in the geographic area served by the agency,e Date and type of each contact,2 The agency shall reach a decision within six months of the receipt of all the materials specified in section 12.B. and the decision shall be recorded and dated in the adoption study. The applicants shall receive written confirmation of the decision and, if not accepted, shall be given the reason.3 The adoption study must be recorded and must contain considerations and assessment of the following and the basis for conclusions on each item: a Applicants' motivation to adopt.b The stability of the marriage of a couple or the stability of the single applicant.c How the adoptive applicant(s) feel about adoption and how it will be handled with the child.d Philosophy and practice on discipline and child rearing.e Expectations of the child.f Attitudes about birth parent(s) and the possibility of children contacting birth parent(s) when they become adults.g Applicant(s) life style and acceptance in the community, degree of isolation and ability and willingness to gain access to necessary support.h Applicant(s) handling of earlier life situation.i If infertile, how the problem has been dealt with.j Applicant(s) feelings toward birth parent(s), including race and color of the birth parent(s) if different from the applicants and the background of the child.k Data on the religion of the applicant(s) and how it affects applicants' lifestyle. l Financial data and management of money.m Relationship with extended family and attitude of extended family toward adoption.n Autobiographical information including education and employment.o Experience with children.p Methods and effectiveness of communication.q Applicant(s) physical, mental and emotional health.r Applicant(s) attitude toward the child's background and willingness and commitment to provide cultural supports for children of different cultural and/or racial backgrounds.4 Minimal requirements for acceptance shall include:a A settled conviction on the part of each member of the prospective adoptive family that they wish to adopt.b The applicant must have established a stable lifestyle with adequate support systems for a minimum of two years.c Physical health shall be sufficiently good that the adoptive parents can meet the needs of the child to be placed. For couples wishing to adopt whose good health may not continue throughout the minority of the child or whose life expectancy may be shorter than the minority years of the child, there shall be established a plan for guardianship of the child in the event that incapacity or death precedes the child's reaching majority age.
d Good mental and emotional health.e There shall be sufficient space in the home for the child.f The applicants must have sufficient income to support the existing family and the child they wish to adopt except where the family is seeking subsidized adoption.g The applicant(s) must be at least 21 years of age.h The applicant(s) must be legal residents of Maine. (For interstate placements, see 13(D)).5 When a child has not been placed within a year of the date of approval of the study, an assessment of the family and any changes in the family circumstances must be considered, assessed and recorded.6 The agency shall give adoptive applicants a signed and dated copy of their acceptance study upon request.D. Placement 1 No child placing agency shall approach a family under supervision by another agency about placement for adoption without the written agreement of the supervising agency.2 The prospective adoptive parent(s) shall be informed of pertinent facts about the child's health, development and background. The child must be seen by both prospective parents. Both must want the child. There shall be a time lapse between seeing the child and taking the child so that the agency and the adoptive couples are sure about their decision of placement. With a child beyond infancy, the adoptive applicants and child shall meet more than once to become acquainted and got used to one another, except when an international or interstate placement prohibits.3 All interstate placements shall be in compliance with the Interstate Compact on the Placement of Children.4 The agency shall have a written signed agreement with the adoptive applicants stating the length of the probationary period; the right of the agency to remove the child; the right of the adoptive applicants to have the child removed; and that the child will be fully supported by the adoptive family with no charge to the adoption agency during the probationary period except in the case of subsidized adoption.5 When a child is placed for adoption, written information concerning health, background and development, diet, and daily routine shall be given to the adoptive parents.6 There shall be a probationary period of at least six months. If the probationary period is extended beyond one year a new written agreement must be formulated between the applicants and the agency which includes the reason for the extension and the length of the extension.7 The child and family shall be seen within three weeks of placement and at least within each two months thereafter during the probationary period. At least two of the visits shall be in the adoptive home and shall include both parents. Written reports of these supervisory contacts and visits shall be dated and placed in the agency record.8 The agency shall ensure that the applicants understand the importance of telling the child he is adopted and shall review with the applicant(s) how that will be done.9 By the end of the probationary period a decision must be made as to whether or not the agency will consent to the adoption. The decision shall be based on the following factors: a The physical and emotional adjustment and development of the child.b The capacity of the adoptive parent(s) to assume the role of parent with respect to the needs of the child.10 When the agency decides that it will consent to the adoption, it shall give to the adoptive parents in writing pertinent facts about the child's health.. development and background.11 If the agency consents to the adoption, the adoption shall not be considered final until a certificate of adoption and an amended birth certificate have been obtained by the adoptive parents.12 If the agency does not consent to the adoption the agency shall immediately make an alternate plan for the child. This plan and its implementation shall be in the best interest of the child.13 Prior to the legalization of the adoption all available medical and genetic information on the child and the biological parents shall be placed in the probate court records and shall be supplied to the adoptive parents.E. Post Adoption Services The agency shall continue to be available to provide post adoption services as part of their total adoption program and the services shall be related to matters of adoption.
F. Application for Second or Additional Children 1 Applications for a second or additional child shall not proceed for a minimum of six months after the previous child was placed and a decision has been made that the adoptive parents have demonstrated the capacity to assume the role of parent with respect to meeting the physical and emotional needs of the child previously placed.2 The requirements contained in rules 12(A) through 12(E) of these Rules shall apply to applications and studies for second or additional children.10-148 C.M.R. ch. 19, § 12