Terminating an Adoptive Placement
0200-509.40 | Revision Date: 07/01/14
Overview
This policy guide provides information on when and how to terminate an adoptive placement. It further provides guidance on removing a child from the home, on determining if prospective adoptive parents can be considered for placement despite a prior removal, and what to do when an applicant assessment approval needs to be withdrawn or rescinded.
TABLE OF CONTENTS
Termination of an Adoptive Placement
Physical Removal of a Child from a Home
Terminating and Adoptive Placement
Removing a Child from a Home that the Birthparent(s) Specified on the Relinquishment Document
APRD CSW/Family Assessment Worker Responsibilities
Version Summary
This policy guide was updated from the 09/05/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.
Terminating an adoptive placement is necessary if any of the following have occurred:
If there is a need to physically remove a child from an adoptive parent's home, and the adoptive parent(s) have not filed the adoption petition or finalized the adoption, CSWs must consult with the County Counsel prior to physically removing the child
Once the determination to terminate the adoptive placement, regardless if the child is removed from the home or if the child will remain in the home:
APRD CSW/Family Assessment Worker Responsibilities
AAP 2, Payment Instructions Adoption Assistance Program AD 580, Notice of Removal of Child from Adoptive Home (via State CDSS forms link)
DCFS/A 46, Adoptive Applicant's Selection Chart
DCFS/A 159, Request to Terminate an Adoptive Placement
DCFS/A 410, The Grievance Review Process for Prospective Adoptive Parents (also available in Spanish)
DCFS/A 410, The Grievance Review Process for Prospective Adoptive Parents
0200-506.20, Grievance ProceduresFor the purpose of the adoption home study, procedures initiated on behalf of the applicant, at the applicant's request, to appeal the Department's decision when the adoption home study has been denied by DCFS. The Grievance Review Process pamphlet outlines the specific action taken by the Department when the applicant requests a grievance review hearing. In addition, grievance procedures are in place for foster parents who want to challenge the Department's decision in regards to their care and supervision of a child(ren). Foster parents who want to challenge decisions regarding their license must follow grievance procedures from the State Department of Social Services. for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments
0200-508.25, Filing, Revoking, and Rescinding a RelinquishmentThe action of a parent in which he or she surrenders custody, control and any responsibility for the care and support of the child. Currently, only an Adoption social worker or the court is qualified to process a relinquishment.
California Department of Social Services (CDSS), Title 22, Div 2, Adoptions Manual, Sub-chap 5, Section 35207– Summarizes procedures for terminating an adoptive placement.
CDSS, Title 22, Div 2, Adoptions Manual, Sub-chap 5, Section 35207.1 – States that if the agency knows or reasonably suspects that the prospective adoptive parents have endangered the physical or mental health of a child by abuse or neglect, the agency must immediately contact the child protective agency and file a "Suspected Child AbuseThe non-accidental commission of injuries against a person. In the case of a child, the term refers specifically to the non-accidental commission of injuries against the child by or allowed by a parent(s)/guardian(s) or other person(s). The term also includes emotional, physical, severe physical, and sexual abuse as defined in CDSS MPP Section 31-002(c)(9)(D). Report."
CDSS, Title 22, Div 2, Adoptions Manual, Sub-chap 5, Section 35215 – Summarizes the steps for when a written request for a grievance review has been received by an applicant or a prospective adoptive parent.
Family Code (FAM) Section 8700(g) – States that, notwithstanding subdivision (e), if the relinquishment names the person(s) with whom placement by the department or licensed adoption agency is intended, and the child is not placed in the home of that person(s), or the child is removed from the home prior to the granting of the adoption, the department or licensed adoption agency must mail a notice (by certified mail, return receipt requested) to the birthparent(s) signing the relinquishment within seventy-two (72) hours of the decision not to place the child for adoption, or the decision to remove the child from the home.
FAM Section 8720 – States the procedures to follow if the department or licensed adoption agency find that the home of the petitioner(s) is not suitable for the child, the agency recommends denial of the petition, or the petitioner(s) withdraw the petition.
Welfare and Institutions Code (WIC) Section 366.26(n)(3(A)(B)(C)(D) – States the process for removing a child from the home of a designated prospective adoptive parent.
WIC Section 366.26(n)(4) – States the procedures for removing a child immediately from the home of the caregiver who is, or may be a designated prospective adoptive parent.