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be considered for placement despite a prior removal, and what to do when an applicant assessment approval needs to be withdrawn or rescinded.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

Policy

Termination of an Adoptive Placement

Physical Removal of a Child from a Home

Procedure

Terminating and Adoptive Placement

APRD CSW Responsibilities

APRD SCSW Responsibilities

APRD ARA Responsibilities

Removing a Child from a Home that the Birthparent(s) Specified on the Relinquishment Document

APRD CSW Responsibilities

APRD SCSW Responsibilities

Determining if Prospective Adoptive Parent(s) Can Be Considered for Placement of another Child/Determining if Approval of their Applicant Assessment Must Be Withdrawn

APRD CSW/Family Assessment Worker Responsibilities

APRD SCSW Responsibilities

APRD ARA Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

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.

POLICY

Termination of an Adoptive Placement

Terminating an adoptive placement is necessary if any of the following have occurred:

• A decision has been made to remove a child from the home of prospective adoptive parent(s) because:

• It is in the child's best interest.

• The CSW knows, or reasonably suspects that, the prospective adoptive parents have endangered the physical or mental health of the child by abuse or neglect.

• The removal is from a home that the birthparent(s) had specified on the relinquishment document.

• An adoption petition has been filed, and:

• There is a serious concern regarding the suitability of the prospective adoptive parent(s); or

• There is serious concern regarding the care provided to the child; or

• The prospective adoptive parent(s) have indicated a desire to withdraw the adoption petition; or

• A petition for adoption of the child has been filed by a person(s) with whom our agency has not signed an adoptive placement agreement.

• The adoptive placement is terminated before the finalization of the adoption, and a determination is needed as to whether:

• The family may be considered for the placement of another child; or

• Approval of the family is to be withdrawn.

Physical Removal of a Child from a Home

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

Back to Policy

PROCEDURE

Terminating an Adoptive Placement

APRD CSW Responsibilities

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:

1. Immediately complete the DCFS/A 159, Request to Terminate an Adoptive Placement.

• Submit the DCFS/A 159 to the SCSW for review.

2. Immediately complete the AAP 2, Payment Instructions Adoption Assistance Program (AAP)A mandatory statewide program that provides financial support to families in order to facilitate the adoption of children who would otherwise be in long-term foster care. The intent of this program is to remove limited financial resources as a barrier to adoption., to stop AAP benefits on the effective the date the child's adoptive placement was terminated.

1. Add the date of actual removal on the DCFS/A 159.

2. Upon ARA approval of the DCFS/A 159, submit/fax the AAP 2 to the Technical Assistant (TA)/Eligibility Worker (EW) Unit at the APRD's Central Clerical at (213) 742-7035.along with one (1) copy of the DCFS/A 159.

3. File one (1) copy of the DCFS/A 159 in the Applicant Case Folder.

4. Forward one (1) copy of the DCFS/A 159 to the case-carrying CSW to be filed in the Child's Adoption Folder.

3. If the child has been removed from the home:

1. Consult and collaborate with the case-carrying CSW, his/her SCSW, and the Adoption APRD SCSW regarding the child's permanent plan.

2. Consult with the SCSW about rescinding the approval of the applicants' assessment, if applicable.

4. If the child will remain in the home of a relative, immediately notify the primary CSW to submit a referral for an ASFA assessment.

APRD SCSW Responsibilities

1. Review the DCFS/A 159.

1. If approved, sign and forward to the ARA.

2. If not approved, return to the CSW for corrective action.

2. Consult with the ARA.

APRD ARA Responsibilities

1. Review the DCFS/A 159.

1. If approved, sign and return to the SCSW.

2. If not approved, return to the SCSW for corrective action.

Back to Procedure

Removing a Child from a Home that the Birthparent(s) Specified on the Relinquishment Document

APRD CSW Responsibilities

1. Within seventy-two (72) hours of the decision to remove the child from the prospective adoptive parent(s)' home, inform the birthparent(s) by certified mail with return receipt requested that:

1. The child they relinquished for adoption is being removed from the home they specified on the relinquishment document.

2. They can rescind the relinquishment and reclaim the child.

2. If the birth parent(s) wish to reclaim the child, and there are no child safety concerns, refer to Revoking a Relinquishment.

3. If the birthparent wishes to reclaim the child and it is believed that the child may be in danger of abuse or neglect, consult with the SCSW for direction.

APRD SCSW Responsibilities

1. If appropriate, direct the CSW to proceed with replacing the child.

Back to Procedure

Determining if Prospective Adoptive Parent(s) Can Be Considered for Placement of Another Child/Determining if Approval of their Applicant Assessment Must be Withdrawn

APRD CSW/Family Assessment Worker Responsibilities

1. Consult with the SCSW regarding the appropriateness of placing other children in the home.

2. Document the decision in the Applicant Case Folder.

3. If the prospective adoptive parent(s)' home can be considered for the placement of another child, and it has been assessed that the family has successfully dealt with the issue(s) that caused the disruption and subsequent termination of the adoptive placement:

1. Meet with the prospective adoptive family and, if appropriate, complete a new DCFS/A 46, Adoptive Applicant's Selection Chart.

2. Forward a copy of the DCFS/A 46 to the Placement and Recruitment Unit (PRU).

3. File one (1) copy of the DCFS/A 46 in the Applicant Case Folder.

4. If withdrawing or rescinding the approval of the prospective adoptive parent(s)' applicant assessments refer to Grievance Procedures for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments.

APRD SCSW Responsibilities

• Refer to Grievance Procedures for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments

APRD ARA Responsibilities

• Refer to Grievance Procedures for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments.

Back to Procedure

APPROVALS

County Counsel Approval

• Decision to remove a child after the adoption petition has been filed

SCSW Approval

• DCFS/A 159

• Decision to remove a child from a home specified on the relinquishment document

• Determination that a prospective adoptive parent can be considered a placement for another child after a child has been removed from an adoptive placement in his/her home

• Withdrawal or rescission of the applicant assessment

ARA Approval

• DCFS/A 159

• Decision to remove a child after the adoption petition has been filed

• Withdrawal or rescission of the applicant assessment

• Assistant Division Chief Approval

• Decision to remove a child after the adoption petition has been filed

• Withdrawal or rescission of the applicant assessment

Back to Approvals

HELPFUL LINKS

Forms

LA Kids

AAP 2, Payment Instructions Adoption Assistance Program AD 580, Notice of Removal of Child from Adoptive Home (via State CDSS forms link)

ASFA Home Assessment Request

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)

Hard Copy

DCFS/A 410, The Grievance Review Process for Prospective Adoptive Parents

Referenced Policy Guides

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.

Statutes

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.

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