W. Va. Code R. § 78-2-24

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 78-2-24 - Services Provided for Private Agency and Department Adoptions
24.1. Adoption Placement Services. An agency shall establish a procedure for placement services that includes the following provisions:
24.1.1. An agency shall provide the child's school records, medical history, and immunization records to the adoptive parents upon placement;
24.1.2. The agency and the adoptive parents shall sign the adoptive service agreement upon placement; and
24.1.3. The agency shall document the services offered or already provided to the child and the adoptive parents in the child's and adoptive parents' records.
24.2. Adoption Support Services Following Placement.
24.2.1. An agency shall develop and implement a written description of the support services offered following placement, that includes:
24.2.1.a. The goals of the support services;
24.2.1.b. The rights and responsibilities of the agency and of the adoptive parents following placement;
24.2.1.c. The subsidies that may be available;
24.2.1.d. Time frames for contact and visits following the placement that shall include:
24.2.1.d.1. An initial telephone contact within 72 hours of placement and an initial visit within one week of placement;
24.2.1.d.2. A minimum of six visits during the placement, at least four of which are in the home of the adoptive parents;
24.2.1.d.3. In a two-parent family, both parents involved in at least three visits;
24.2.1.d.4. Additional visits on a frequency determined by the needs of the child and the adoptive parents;
24.2.1.e. Visits with all household members, and the child shall be observed during each visit; and
24.2.1.f. If the child is old enough to carry on a conversation, an interview with him or her in private during each visit;
24.2.2. An agency shall continue to provide support services for a minimum of six months or longer until permanent placement of the child is achieved; if the child is in the adoptive home as a foster care placement, the period of support services can include the time spent in the adoptive home in foster care;
24.2.3. An agency shall provide a final visit with the adoptive family to review the adoption process prior to finalizing the adoption.
24.2.4. An agency shall document all activities during the placement period in the child's and adoptive parents' records.
24.3 Disruption of an Adoptive Placement. An agency shall establish a procedure to follow when a disruption in an adoptive placement is being considered or appears imminent that includes a requirement that the agency:
24.3.1. Train employees to recognize the circumstances that can lead to the disruption of an adoptive placement;
24.3.2. Specify the roles and responsibilities of the agency and the adoptive parents during the process of disruption and the planning for a subsequent placement for the child;
24.3.3. Offer counseling to the child according to his or her needs in dealing with the disruption; and
24.3.4. Document the planning and services provided during a disruption in the adoptive parents' and child's records.
24.4 Placement of the Child After Disruption. An agency shall establish a procedure to follow for subsequent placement after a disruption of the adoptive placement that includes the agency:
24.4.1. Making every effort to find another adoptive placement for the child and doing everything possible to assist and support the child in adjusting to a new placement;
24.4.2. Giving complete information about the child to subsequent foster or adoptive parents prior to their making a decision to proceed with the new placement that includes:
24.4.2.a. The nature of the disruption, the extent of the difficulties that resulted from the disruption and the child's reaction to the disruption;
24.4.2.b. When possible, a meeting with the previous adoptive parents to learn about the child; and how separation and loss might affect a child's behavior; and
24.4.3. Documenting the planning and services provided during a placement after disruption in the subsequent foster or adoptive parents' and child's records.
24.5 Finalization of the Adoption. An agency shall establish a written procedure that conforms with W. Va. Code § 48-22-1, etseq., for the finalization of an adoption that includes the following provisions:
24.5.1. A description of the process of finalizing an adoption;
24.5.2. A description of the roles and responsibilities of everyone involved in finalizing an adoption; and
24.5.3. The written consent of a child 12 years or older to the adoption.
24.6. Post-Legal Adoption Services. An agency shall establish a procedure for the post-legal adoption services it offers, that includes the following provisions:
24.6.1. Adoption subsidy assistance;
24.6.2. Counseling assistance for adoption issues, including search and contact;
24.6.3. Information about the biological family and birth history;
24.6.4. Education and support services for adoptive families;
24.6.5. Referrals for needed community services; and
24.6.6. Information and counseling concerning the Mutual Consent Adoption Registry.

W. Va. Code R. § 78-2-24