N.D. Admin. Code 75-03-36-28

Current through Supplement No. 392, April, 2024

Section 75-03-36-28 - [Effective 4/1/2024] Adoption - Preplacement preparation services

1. A child-placing agency may not place a child into an adoptive home without a full adoption assessment being completed on the prospective adoptive parents, including required fingerprint-based criminal background check and child abuse and neglect index check.

2. The child-placing agency may not place a child into an adoptive home if:

a. There is a prior finding of deprivation related to any child in the prospective adoptive home within the last five years;

b. There has been a dissolution of a previous adoption within the last five years;

c. There has been a disruption of a formal adoptive placement within the last five years, unless further assessment by the child-placing agency in consultation with the department determines such placement to be in the best interest of the child; or

d. The custodial agency reasonably believes the adoption is not in the best interest of the child.

3. Effective October 1, 2024, if the prospective adoptive parents are licensed foster care providers, the child-placing agency shall obtain and consider the foster care assessment as part of the adoption assessment to determine suitability. An adoptive home is presumed suitable if the foster care provider has:

a. Been continuously licensed, certified, or approved as a family foster home for children; and

b. Provided foster care for children for more than one year without a correction order, fiscal sanction, or license revocation proceeding.

4. A child-placing agency shall give the prospective adoptive parents an opportunity to review the records of the child in the child-placing agency's possession, and shall provide the prospective adoptive parents an opportunity to meet with the child's case manager, therapists, foster care providers, and other treatment providers to gain an understanding of the child's needs and the services the child will require upon placement in the prospective adoptive home.

5. A child-placing agency shall help the child, when age appropriate, understand the reasons for placement, prepare the child for the new family, and be available to the child, prospective adoptive parents, and the birth parents, when applicable, for supportive services.

6. A child-placing agency preplacement preparation services must include:

a. A visit with the child at the home of the prospective adoptive parents, if applicable;

b. Sharing the child's life book with the child and the prospective adoptive parents, if applicable;

c. Arrangements for a physical examination unless the child had a physical examination within one year prior to placement . The child-placing agency shall provide the prospective adoptive parents with a copy of the physician's report and the child's immunization record;

d. Arrangements for an eye, dental, and hearing examination for a child three years of age or older unless the child had these examinations within one year prior to placement. The child-placing agency shall provide the prospective adoptive parents with copies of the examination reports; and

e. Sharing of information regarding the child's development and needs between the care providers, if applicable, parents and the prospective adoptive parents.

7. The child-placing agency shall prepare the prospective adoptive parents for an understanding of separation anxiety, grief reaction, and problems related to attachment.

8. The child-placing agency shall notify the referral source of the date of placement.

9. The child-placing agency, if applicable, shall make an adoptive placement in accordance with the interstate compact on the placement of children.

10. The child-placing agency, if applicable, shall discuss the need and qualifications for adoption assistance and shall make a referral to the department. The child-placing agency shall provide the department with supporting documentation of the need for adoption assistance when making the referral.

N.D. Admin Code 75-03-36-28

Effective April 1, 2010.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-12-05

Law Implemented: NDCC 14-15-11, 50-12-08