Adoption Legal Risk

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[…] We learned last night from our adoption worker that she was having trouble getting the South Carolina file (for the girl we are interested in). She said she works differently there and has to go through several departments of the MAS. She also mentioned that she was able to obtain more information about her than we have seen before, and that it is possible that she poses a legal risk. For those of you who don`t know what that means, here`s some information: […] The period of «legal risk» may vary from state to state. Some States give the biological mother ten days to change her mind; Some states allow 24 hours. You`ll need to look at your state`s laws to find out how long this period is for you. Your agency will know this information. Although it is a legal term, it certainly implies much more emotion for the birth and adoptive families involved. Legal risk placements – better known as adoptive foster care – involve children and youth in the care of a county`s child and youth agency who are placed with foster families to reunite with their biological family.

Sometimes, however, this reunification does not take place or cannot take place. While earning her bachelor`s degree in social work from Stephen F. Austin University, she initially considered a career in adoption and gained experience in the field during her academic career. A few years after graduation, she completed her master`s degree in social work at the University of Houston. He then gained a decade of experience in childcare before becoming part of the Arms Wide family. Through her role at Arms Wide, she wanted to be able to bring personal support and attention to every child and family. Her favorite part of her job is watching people become parents or add more children to their families. She loves when the children have found their home forever. Learn more about Arianne here. Kristin Anderson is an adoptive mother who lives with her son, husband and two crazy dogs. She loves open adoption and is always looking for ways to help in the adoption community.

When taking into account legal risks, children are involved in foster families for which the Agency has set itself the objective of adoption. This means that the agency intends to file an application with the family court for the termination of parental rights. Since, in most cases, the foster parents of the child have the first preference for adoption, legal risk placements only concern children whose current foster parents do not intend to adopt them (about 15% of all children with a view to adoption). Although these placements always carry the risk that the child will not be abandoned for adoption, the risk is significantly reduced once the agency has set the goal of adoption and initiated a procedure to terminate parental rights. Please understand that while the vast majority of children will eventually be abandoned for adoption in these circumstances, there are still no guarantees. Here are a few other things your family should be aware of: High-risk legal housing is considered a foster home until the child is legally adopted. In addition, it is not uncommon for it to take more than a year from the time the adoption target is set for the child to be legally released for adoption. In most cases, children will continue to visit their biological parents during this time. For adoptive families, this is a stressful time. Even the «safest» adoptions sometimes don`t pass.

For this reason, some agencies offer or require what is often referred to as «cradle care.» Here, the baby goes to a licensed provider for care during these days of legal risk. In this way, the biological mother has left the hospital, but the adoptive family does not yet take care of the baby or bring him home so as not to form a bond and have sadness if the baby is not abandoned for adoption. This is an interim concern until the legal risk is over. Although legally risky adoptions are a step towards permanence for a child or adolescent, there is a risk for the foster family that the child will not be legally adopted depending on the state of the rights of the biological parents. Many adoptions do not use cradle care. For example, our son was born on a Monday. We met him at the hospital on Tuesday and took him home on Wednesday. The agency did not believe that the maintenance of the cradle was necessary in our case; However, we were still scared until that time was over. Once it was over, we had a very nice meeting of «regrouping» with the biological mother of our agency. It was a way to reconnect once all the events of the birth and the hospital were over and the adoption was legal. We were his legal guardians and the adoption was completed by the court system about six months later.

As Director of Adoption and Foster Care Services, Arianne Riebel, LMSW, LCPAA, oversees Wide Adoption Services` team of adoption and care staff, ensuring that every step of the adoption and care journey runs smoothly. Contact us today to see if an investment with legal risk is right for you. Right now, you probably know the difference between legal risk and direct adoption, so I won`t get to the heart of the matter. I`m just going to talk to them because the matching process is similar for both types. In the case of a legal risk adoption agency, the rights of the child`s biological parents have not yet been terminated voluntarily or involuntarily. This type of placement takes place before adoption and occurs when the prospective adoptive parent(s) acknowledge in writing that a child may return to the sending State or to the State of residence of one of the biological parents (if different from the sending State) by court order. A final adoption decree cannot be registered in any jurisdiction until a termination of parental rights has taken place and all necessary consents have been obtained in accordance with applicable laws. In such cases, a foster family will often try to adopt a child who has lived in their home when that child is legally abandoned for adoption. In other cases, a resource family is sought that is willing to serve as a foster family, with the immediate intention of becoming the permanent adoptive family when the parental rights of the biological parents are terminated. In an adoption, the term «legal risk» is used to describe the time available to the biological mother to change her mind about placing the baby for adoption. The «risk» is that of the adoptive parents. With adoption, there is a risk that biological mothers will change their mind about the placement after the baby is born.

While it may be considered a good thing for biological mothers to have this time, I have also heard several biological mothers say that it is as much a curse as a blessing. Knowing all the time that they could change the situation was really stressful. They expressed that they wanted it to pass as quickly as adoptive parents. They knew that if they changed their minds, it would devastate hopeful adoptive parents. The choice was theirs; However, and this is her baby, after all. They have every right to change their minds. Resource parents who are willing to deal with the possible uncertainties of this type of placement are always in demand – and the rewards for a stable, loving home for children in need can be substantial! When we receive a shipment, the person working on the correspondence reads it to determine if Arms Wide Adoption Services has a good match for the child(ren).