Part 3 of the
federal and state special needs definition reads:
Except where it would be against the
best interest of the child to place the child because of such factors as the
existence of significant emotional ties with prospective adoptive parents while
in the care of such parents as a foster child, a reasonable but unsuccessful,
effort has been made to place the child with appropriate adoptive parents
without providing adoption assistance. . . ."
In the past this
requirement has been misinterpreted and caused problems for adoptive families,
but under current federal and state policies, it should not pose much of a
problem. The ODJFS training county
agencies on the revised rules, reiterated current standards by quoting from Section 8.2B.11 of the federal Child Welfare Policy
Manual.
In an effort to find an appropriate
adoptive home for a child, and meet the requirement that a reasonable, but
unsuccessful, effort be made to place the child without adoption
assistance, it is not necessary for the
agency to "shop" for a family while the child remains in foster care.
Once the agency has determined that
placement with a certain family is in the child's best interest, the agency
should make full disclosure about the
child's background, as well as known or potential problems.
The agency can pose the question of whether the prospective
adoptive parents are willing to adopt without assistance. If they say they cannot adopt the child
without adoption assistance, the requirement in section 473 (c)(2)(B)
for a reasonable, but unsuccessful, effort to place the child without providing
adoption assistance will be met.
Important
Practical Tip: The question ask parents whether
given what they know about the child's background and their family
circumstances, would it be "against the child's best interest" to be
placed for adoption without adoption
assistance? The obvious answer in
nearly every case is "yes," it would be against the child's best
interest.
Adopting parents, therefore should have no qualms about stating that they cannot adopt without adoption assistance. The question of whether the parents can adopt the child without adoption assistance is not to be taken literally. Of course they can adopt the child without assistance and would probably choose the child over the adoption assistance if that were the only option.
If a parent has any qualms about saying they cannot adopt without adoption assistance., they can write or say something like: "Given _________'s needs and or family circumstances we cannot adopt her without adoption assistance because it would clearly be contrary to her best interest."
Adopting parents, therefore should have no qualms about stating that they cannot adopt without adoption assistance. The question of whether the parents can adopt the child without adoption assistance is not to be taken literally. Of course they can adopt the child without assistance and would probably choose the child over the adoption assistance if that were the only option.
If a parent has any qualms about saying they cannot adopt without adoption assistance., they can write or say something like: "Given _________'s needs and or family circumstances we cannot adopt her without adoption assistance because it would clearly be contrary to her best interest."
Other examples
in which it would be contrary to the child's best interest to be placed without
adoption assistance include:
- The existence of emotional ties with the prospective adoptive parent(s) while the child was in the care of the foster parent(s) as a foster child.
- The prospective adoptive parent(s) is a relative.
- The child is being adopted by an adoptive parent(s) of the child's sibling(s). (See OAC rule 5101:2-49-03).
