WHAT IS FOSTER CARE TO ADOPTION?

Foster care adoption is the process of adopting a child from the foster care system. But the process can be complex.

Juvenile dependency cases arise when children are removed from their biological parents or caretakers due to abuse or neglect.

Child Welfare Services intervenes to safeguard these children, placing them with relatives or foster families. These children become “dependents” of the court and may be adopted, placed in legal guardianship, or remain in foster care.

There is a continual need for resource families and Fost-Adopt parents to welcome these children into their homes, offering the love, stability, and security they deserve.

In Los Angeles County, the Department of Children and Family Services (LADCFS) collaborates with resource families and prepares prospective adoptive parents.

If the birth parents are unable to reunify with their children, the court may terminate their parental rights, and if that occurs, the child will be adopted.

In Los Angeles County, the prospective adopting parent(s) need to find their own legal representation to assist them with the adoption part of the process, after parental rights have been terminated.

Since often the actual adoption part takes so long after birth mother rights are terminated, this is where having an adoption law attorney on your side can really help speed up the process.

If you are a resource family caring for a child who is a dependent of the Los Angeles County dependency court, you may need assistance in filing for and completing the adoption. The Adoption Law Firm has extensive experience with these types of Adoptions.

Foster Care to Adoption at Adoption Law Firm

UNDERSTANDING FOSTER CARE ADOPTION

Here are key points about foster care to adoption:

1 DEFINITION

  • Adopting a child who is in the custody of the state due to abuse, neglect, or other family issues.

2 CHILDREN INVOLVED

  • Range from infants to teenagers

  • May include sibling groups

  • May include children with special needs

3 PROCESS

  • Become a licensed resource home (or qualify for emergency placement)

  • Have a child placed in your home during the dependency case

  • If the parents do not reunify with the child, parental rights might be terminated at a WIC 366.26 hearing

  • Pre-adoptive placement period where LADCFS ensures that the child may be adopted by you.

  • You will need to (on your own or with a help of an attorney) file for adoption (separate case number and action in Los Angeles County)

  • Finalize the adoption in court, in the presence of a judge with the child present.

4 LEGAL ASPECTS

  • Children must be legally free for adoption (parental rights terminated)

  • Compliance with state and federal laws, including the Indian Child Welfare Act if applicable

5 COSTS

  • Considerably less expensive than private/independent adoptions

  • Many expenses are reimbursed by the county or state

  • Adoption filing fee is only $20, which goes to the cost of the new birth certificate

6 TIMEFRAME

  • Can vary widely based on the facts of the dependency case

  • May be quicker than other forms of adoption if adopting an already-placed foster child

7 SUPPORT SERVICES

  • Pre- and post-adoption support often provided for the child

  • Access to medical care, therapies, and other services for the child

8 CHALLENGES

  • Children may have experienced trauma from the removal of their home of origin, or may experience complex medical or behavioral challenges

  • Adoption may only occur if the parent does not reunify with their child, and their rights are terminated

9 FOSTER-TO-ADOPT

  • Some families foster with the intention to adopt if the child becomes available

  • No guarantee of adoption as reunification with birth family is often the primary goal

10 OPEN ADOPTION ASPECTS

  • Post Adoption Contact Agreements with the birth parents or other blood relatives may be agreed upon

  • Level of openness varies case by case but many involve continued contact in some form with birth family members

11 TRAINING

  • Extensive training usually required for foster/adoptive parents to become Resource Family Approved

12 AGENCY INVOLVEMENT

  • Typically coordinated through LADCFS in Los Angeles County, or the child welfare agencies in other counties

13 BENEFITS

  • Provides permanent homes for children in need

  • The child will receive ongoing financial assistance and support services even after adoption, until they turn 18 and in some cases longer

14 LEGAL SECURITY

  • Once finalized, the adoption as the same legal standing as any other type of adoption

  • The child becomes the adopting parents legal child with the same rights and responsibilities as if the child were naturally born to them

15 ELIGIBILITY

  • Background checks, finger printing, and a home study are some of the requirements to become a licensed resource family (formerly known as foster family)

  • In most counties, the costs involved for becoming a resource family are subsidized

Foster care to adoption can be a rewarding way to build a family while providing a permanent home for a child in need. However, it comes with unique challenges and considerations. It’s important to work closely with experienced family adoption lawyers to be well-prepared for the potential complexities involved.

The Adoption Law Firm of Donnelly & Evans LLP, has worked closely with the Los Angeles County Department of Children and Family Services for nearly 35 years helping foster parents adopt children who were wards of the Dependency Court.

Our goal in these cases is to make the adoption process go as smoothly as possible with the least amount of stress and inconvenience to our clients or the children involved.