W. Va. Code R. § 78-2-23

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 78-2-23 - Private Agency Adoption
23.1. Presentation of Background Information.
23.1.1. When presenting a newborn child's background information to the prospective adoptive parents, an agency shall follow a written procedure that includes the following provisions:
23.1.1.a. Prior to proceeding with an adoptive placement, an agency shall provide prospective adoptive parents with a complete verbal and written description of all available information on the biological parents' family histories and the prenatal care received by the biological mother;
23.1.1.b. If the agency practices open adoption, the agency shall prepare a preplacement agreement to be signed by the biological parents and the prospective adoptive parents that identifies the amount of initial or ongoing contact, and written policies and procedures defining each party's role; and
23.1.1.c. An agency shall establish time frames for a decision by the prospective adoptive parents about proceeding with the adoptive placement.
23.1.2. When presenting an older child's background information to the prospective adoptive parents, an agency shall follow a written procedure that includes the following provisions:
23.1.2.a. Prior to proceeding with an adoptive placement, an agency shall give a complete and accurate verbal description of the child to the prospective adoptive parents;
23.1.2.b. An agency shall show photographs or videos of the child to the prospective adoptive parents;
23.1.2.c. An agency shall provide a written summary including all information available about the child to the prospective adoptive parents;
23.1.2.d. An agency shall arrange a meeting between the child's foster parents or other caretakers and the prospective adoptive parents if appropriate to discuss the child's day-to-day behavior; and
23.1.2.e. An agency shall establish time frames for a decision by the prospective adoptive parents about proceeding with the adoptive placement.
23.1.3. When presenting information about the prospective adoptive parents to the child an agency shall follow a written procedure that includes the following provisions:
23.1.3.a. The agency shall present information to the child about the prospective adoptive parents by using a scrapbook created by the prospective adoptive parents about themselves; and
23.1.3.b. The agency shall encourage the child's foster parents to be active partners in this process.
23.2 Adoption Placement Planning. An agency shall establish a procedure for placement planning that includes the following provisions:
23.2.1. Placement planning shall be guided by the needs of the child and visits prior to placement for a child older than infancy shall occur over a minimum of a two-to-three-week period; and
23.2.2. The agency shall contact the prospective adoptive parents during and after the parents' visits with the child to discuss concerns, needs and successes of the child and the adoptive parents.
23.3. Intercountry Adoption Services.
23.3.1. An agency offering intercountry adoption services shall establish a written procedure that describes the process for handling intercountry placement and placement disruptions that provides for the well-being of the child, including an alternate placement plan.
23.3.2. An agency offering intercountry adoption services shall establish a written procedure that complies with the United States immigration laws and the laws of the sending country and protects the rights of the child and biological parents.
23.3.3. The agency shall seek legal counsel when necessary.

W. Va. Code R. § 78-2-23