The placement of DCFS supervised children in the home of any DCFS employee is prohibited pursuant to the DCFS Personnel Manual Section 8.710, unless that child is a relative, and the home has been approved pursuant to Title XII regulations:

A child may be placed with an employee if the employee has been designated and approved as a nonrelative extended family member (NREFM) for that child.

For non-relative or NREFM employees, a DCFS-supervised child may only be placed in their home on a foster care basis if that child was matched through the Placement and Recruitment Unit (PRU) for the purpose of adoption and the criteria for adopting an unattached child are met.

A relationship with the child based solely upon the professional relationship established as a DCFS employee does not qualify as a NREFM.

DCFS employees may be licensed as foster parents, but may only have DCFS children to whom they are related, or for whom they are the designated NREFM, placed in their care.

DCFS employees may care for children from other counties who are placed directly by those counties or by other agencies, such as other counties’ Probation or private agencies.

In cases where an employee is neither a relative nor a NREFM and wishes to adopt a DCFS-supervised child, DCFS must ensure that there is no conflict of interest or appearance of a conflict of interest.

The DCFS Adoption and Permanency Resources Division (APRD) cannot conduct an adoption home study/family assessment (referred to as an applicant assessment) of a DCFS employee, regardless of the employee’s relation to or knowledge of the child.

When DCFS employees are permitted to adopt children who are under DCFS supervision, the adoption procedures are based on whether the child is in an attached or unattached case.

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Unattached Cases

An unattached case refers to a child who is in need of an adoptive family because:

The current caregiver is not able or willing to adopt the child;

All available relatives have been formally approached and have declined;

There are no appropriate relatives willing or able to care for the child;

In the case of employee adoption, no family has been identified through PRU as being interested/available to adopt the child.

All unattached children who need an adoptive placement for whom Family Reunification has either been terminated or is unlikely to be offered at all must be referred to PRU.

PRU will help ensure that foster and adoptive matches are made in accordance with policy and regulations.

Unattached cases must have an approval letter signed by the Director in order to accept fost/adopt placement.

A second letter may be required post matching if there are any concerns that arise from the Employee Questionnaire completed for PRU.

Unattached Child Adoption Criteria

The following Case Criteria must be met:

The employee is not a relative or NREFM.

The court has terminated Family Reunification (FR) services or there is a court order of no FR services (fast-track cases).

The court has determined that adoption is the plan (or can be the plan once a prospective adoptive family is identified) and/or the child is legally freed.

All known relatives have been exhausted for placement of the child.

The child cannot be placed for adoption or guardianship with the caregiver of the child's siblings.

The current caregiver is unwilling or unable to adopt the child.

The PRU has determined that there are no other prospective unattached adoptive families available or willing to adopt the child.

The following Applicant Assessment Requirements must be met:

The employee’s applicant assessment/home study must be completed by another county or private agency.

The employee must follow through with the applicant assessment process and ensure that the approved applicant assessment is provided to PRU.

After all of the required approvals are obtained:

A child may be adoptively placed in the home of the employee and the regular adoption process is followed until adoption finalization/case closure.

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Attached Cases

An attached case refers to a case in which a DCFS employee wishes to adopt a child to whom he or she is related, or for whom he or she currently cares (either as a relative caregiver or NREFM).

Attached Child Adoption Criteria

If the employee is a relative and/or is currently caring for a DCFS-supervised child, either as a relative or as a nonrelative extended family member (NREFM), the adoption process essentially follows the same procedures as a non-employee relative/NREFM adoption case, with the following exceptions:

DCFS cannot complete the adoption home study/applicant assessment.

The applicant assessment of the employee may be completed by either a private agency based in Los Angeles County or within the contiguous counties depending on where the employee resides or by a public agency in an adjacent county.

APRD provides a referral of private agencies within the employee’s area.

If the employee selects a private agency, the APRD Division Chief, via PRU sends a letter to that agency.

If the employee chooses to have his/her family assessment done by a public agency in an adjacent county, APRD Division Chief, via PRU, sends a letter to the adjacent county's Adoption section requesting a courtesy assessment.

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PROCEDURE

Adopting an Unattached Child

DCFS Employee Responsibilities:

If the employee chooses to use a private adoption agency, the employee makes the contact and arrangements with the agency.

If the employee chooses to use an adjacent county, the employee notifies PRU at (626) 229-3790 or (800) 811-1121 of his/her interest in adopting and requests that a letter be sent to the adjacent county requesting a courtesy assessment/home study.

A courtesy letter, signed by APRD’s Division Chief, is sent to the corresponding adjacent county.

The employee notifies his/her immediate supervisor in writing that (s)he has read this policy guide in its entirety and of his/her intent to adopt a child under DCFS supervision.

This step is to take place before the completed applicant assessment/home study is forwarded to PRU.

If the employee is interested in a particular child (e.g. knows the child, has met the child before or, during the applicant assessment process, met the child at an adoption fair), the employee immediately notifies his or her immediate supervisor, regardless of where he or she is in the applicant assessment process. The employee provides the following information to his or her supervisor:

Child’s name

His/her relationship to the child

Name of CSW handling the case (if known)

Office handling child’s case (if known).

Upon receipt of the completed assessment/home study, the employee notifies the PRU that (s)he has received the completed assessment/home study and whether it was completed by a private or public agency.

Working with PRU, the employee may choose to attend adoption fairs, search adoption exchange/websites and/or wait for a match, and must continue to work through his or her private agency or other county’s social worker.

DCFS Employee Supervisor’s Responsibilities:

Review the employee’s written notification of his or her intent to adopt and file it in the employee’s office personnel file.

Forward a copy of the employee’s request to the Assistant Regional Administrator (ARA).

The ARA will forward the request up the chain of command to the Director for final review and approval.

The Director’s permission to proceed with the adoption is required.

PRU Staff and Management’s Responsibilities:

Once the approved and completed applicant assessment is received by PRU, generate a fost/adopt letter to be sent to the Director for signature.

Upon receipt of the fost/adopt letter signed by the Director, place it into the employee’s assessment/home study and ensure the entire physical case is filed separately in a secure office location.

Enter the employee’s basic information only into the search engine for matching purposes. In the alert message field, indicate that this is a DCFS employee and that the PRU SCSW may be contacted for any potential match.

An employee’s applicant assessment is not to be shared with any non-PRU staff except for the child's APRD CSW upon matching.

When a match is generated, provide the employee with the Questionnaire for Employee Adoptive Applicants form for completion.

The employee must return it to PRU once complete.

Upon receipt of the completed Questionnaire for Employee Adoptive Applicants form, ensure that the PRU Manager reviews this form to identify any potential conflict of interest.

If it is determined that there is, or there appears to be, a conflict of interest, convene an Employee Adoption Review Panel comprised of: the PRU Manager, an APRD Assistant Regional Administrator (ARA) and County Counsel.

Any panel member who personally knows, or has a past or present direct working relationship with the employee, cannot participate in the review process or be a member of the panel.

If PRU does not identify a conflict of interest, or the issue has been resolved through the panel, arrange a pre-placement process and presentation.

Employee Adoption Review Panel Responsibilities:

Assess for potential conflict of interest and determine what steps, if any, can be taken to remedy the conflict of interest by thoroughly reviewing:

The child's case record;

Employee’s past and current relationship with the child and birth family;

Whether the employee was previously or is currently the child’s case-carrying CSW, SCSW, or immediate manager.

Submit the findings and recommendations to the APRD Assistant Division Chief, or Division Chief who reviews the panel’s findings and recommendations, and forward them to the APRD Deputy Director for approval.

If it is found that there is potential conflict of interest that was subsequently mitigated, the PRU Manager will request a subsequent approval letter from the Director.

If a findings and recommendations agreement cannot be reached, the APRD Assistant Division Chief or Division Chief makes the final determination and then forwards it to the APRD Deputy Director for approval.

If the match and placement of the child is denied, the APRD Deputy Director provides reasons for denial to the panel. The employee is also entitled to a copy of the reasons for the denial.

Assigned CSW’s Responsibilities:

Once the match is made, if the employee decides to pursue adoption of the DCFS supervised child, notify the SCSW and ARA to determine if the case needs to be re-assigned to other CSWs and/or office, due to potential conflict of interest.

DCFS Employee's Regional Administrator/Manager Responsibilities:

In consultation with the APRD Division Chief, determine if it is necessary to re-assign the case.

Make every effort to assign the case to a CSW who does not know the employee personally.

If the child is subsequently placed with the employee, the case cannot be assigned to a CSW in the same office where the employee works or to a CSW who knows the employee.

Instruct the employee, in writing, that (s)he is not permitted to access or request other employee’s access or view the child’s physical and electronic case records (e.g. CWS/CMS, JAI, JADE, WCMIS, etc.), under any circumstances.

File a copy of the written instruction and the Director’s permission letter in employee’s personnel file.

Review, complete, and sign the corresponding sections of the DCFS 6016.

File all written correspondence, including the Director’s permission letter and the signed DCFS 6016 in the employee's applicant Assessment folder or its equivalent.

Case-carrying CSW’s Deputy Director Responsibilities:

Review and complete the remainder of the DCFS 6016, and, if approved, sign. If not approved, return to the CSW for corrective action.

File all documentation in the employee's applicant Assessment folder or its equivalent.

Adopting an Attached Child

Case-Carrying CSW Responsibilities

Enter the following language into the Concurrent Planning Assessment (CPA): “Applicant is a DCFS employee.”

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APPROVALS

Employee’s RA/Manager

Authority to proceed with the adoption process after the pre-placement conference.

Review and sign DCFS 6016, if approved.

APRD Assistant Division Chief or Division Chief Approval

Employee Adoption Review Panel’s findings and recommendation.

APRD Division Chief Approval

Courtesy applicant assessment request to public agency for an unattached applicant.

APRD Deputy Director

Employee Adoption Review Panel’s findings and recommendation, if required.

Child’s case-carrying CSW’s Deputy Director

Review and, if approved, sign the DCFS 6016.

Director

All adoptions involving a DCFS employee.

Placement of a child not legally freed in the employee’s home.

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HELPFUL LINKS

Forms

LA Kids

DCFS 6016, Steps for DCFS Employees Who Wish to Adopt a Los Angeles County Dependent Child

Questionnaire for Employee Adoptive Applicant and any Adopting Partner

Referenced Policy Guides

0080-507.20, Concurrent Planning and the Concurrent Planning AssessmentAn assessment document as prescribed in Welfare and Institutions Code Sections 366.21(I), 366.22(b) and 361.5(g). The CPA is initiated by the case carrying Children's Social Worker and completed by the APRD CSW when adoption home study for attached children or matching/recruitment activities for unattached children are initiated.

0100-520.10, Evaluating a Prospective Caregiver

0200-506.10, Applicant Assessment for the Adoption of Children

0200-507.10, Identifying a Prospective Adoptive Family for a Child Through the Placement and Recruitment Unit (PRU)

0200-509.20, Pre-Placement Process

Statutes

Los Angeles County Department of Children and Family Services Personnel Manual, Section 8.352 – States in part that departmental policy prohibits DCFS placement of any child, other than a relative, in the home of a DCFS employee. This policy applies to all employees regardless of function. Violation of this policy could result in disciplinary action including suspension or discharge. Only in rare and unusual circumstances will any exceptions to this policy be considered. The Director must approve such exceptions. An example of a rare and unusual circumstance is when a court orders placement of a non-related child in the home of an employee, independent of DCFS procedures. DCFS employees are permitted to provide foster care to children to whom they are related. For the purposes of this section, the foster home licensing definition of a relative is applicable. Children’s Social Workers and Children’s Treatment Counselors, who bear direct responsibilities to children, shall additionally be guided by policies and procedures applicable to their positions in meeting placement decisions.

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