Section 75-03-36-31 - [Effective until 4/1/2024] Services to prospective adoptive parents1. A child-placing agency serving minority race children shall have a recruitment plan that actively recruits homes of the same race as the adoptive children to preserve the adoptive child's culture. 2. The child-placing agency shall provide information to a prospective adoptive parent about the adoption process, the child-placing agency's policies and practices, legal procedures, and the approximate time the adoption process will take, adoptive standards, children available, the availability of a subsidy if appropriate, and a payment schedule which clarifies provision of services, dates of payment, and an estimate of final costs. 3. The child-placing agency shall require the prospective adoptive parent of a foreign-born child to purchase a surety bond, or have five thousand dollars in savings, to provide financial protection for a possible disruption, or unexpected medical costs prior to finalization unless the adoptive parent is provided a copy of the decree of adoption from the foreign court at the time of finalization in the foreign country. 4. The child-placing agency shall document the following information in the applicant's record and a summary of the information must be recorded in the adoption assessment: a. Motivation for adoption; b. Strengths and challenges of each member of the family; c. The attitudes and feelings of the family members and extended family regarding adoption, with emphasis, if indicated, on attitudes and feelings about potential special needs and foreign-born children; d. Evidence of stability of the adoptive parents' marital or other significant relationships; e. The applicant's understanding of and plans for assisting a minority or foreign-born child to understand and value the child's racial and cultural background; f. Attitudes of the applicant toward the birth parents and the birth parents' reasons for placement; g. The applicant's plan for discussing adoption with the child; h. The applicant's emotional stability and maturity, including a history of treatment for substance abuse, mental health concerns, abuse or neglect issues, or other issues impacting the applicant's emotional stability and maturity. If indicated, the child-placing agency shall make arrangements for psychological evaluation of the applicant's emotional stability and maturity; i. The applicant's parenting skills and willingness to acquire additional skills needed for the child's development; j. The attitude of the applicant's birth children or previously adopted children about adoption, if applicable; k. Reports of the physical examination of the applicant or self-disclosure of medical concerns, current within the last twelve months; I. The applicant's ability to provide financially for the child to be adopted with or without financial assistance under subsidized adoption, including the availability of health insurance; m. The applicant's references, including at least five personal and community character references; n. The applicant's religious preference, if any; o. Description of the applicant's home and community; p. Substitute care for child care if the applicant works; q. Plans for care of the child in the event of the death of the applicant after the adoption; r. Results of fingerprint-based criminal history record investigation and child abuse and neglect index investigations; and s. Recommendations for adoption in regard to number, age, sex, characteristics, and special needs of children best served by the applicants. 5. During the course of the study, the child-placing agency shall keep the applicant informed of the applicant's status with the child-placing agency. When an applicant is denied a positive recommendation for adoption, the child-placing agency shall inform the applicant, in writing, of the reasons the child cannot be placed in the applicant's home. The child-placing agency shall offer services to the applicant as needed. 6. The child-placing agency shall require an adoptive family assessment be updated at least every two years from the date of completion of the original assessment until a child is placed into the home for the purpose of adoption. 7. The child-placing agency shall have regular contact with an approved waiting adoptive family to assess their circumstances and current ability to receive a child for adoptive placement. 8. The child-placing agency shall develop a procedure to allow applicants to grieve the services provided by the child-placing agency and to allow prospective adoptive parents to appeal the child-placing agency's decision regarding adoption assessment denial. N.D. Admin Code 75-03-36-31
General Authority: NDCC 50-12-05
Law Implemented: NDCC 50-12