14 Del. Admin. Code § 936-III-55.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 936-III-55.0 - Information Given to a Pre-Adoptive Parent

55.1 If a licensee is providing an adoptive placement, a licensee shall provide an adoptive parent with all available information about a child when selected for adoption. The information shall include but not be limited to the following, as applicable:

55.1.1 Date of agency's custody of the child;

55.1.2 Name, birth date, sex, race, ethnicity, and other significant identifying physical information;

55.1.3 Pictures or videos of a child;

55.1.4 Dates of placement, current caretaker, and current living condition;

55.1.5 Information about birth parents, former guardians, family members, and significant others, and nature of a relationship, as permitted by law;

55.1.6 Religious preference;

55.1.7 Immediate and significant medical care need;

55.1.8 Immediate and significant educational need;

55.1.9 Developmental and medical history;

55.1.10 A child's physical and emotional state;

55.1.11 The circumstance leading to availability for adoption;

55.1.12 Physical and emotional trauma experienced by a child;

55.1.13 Known previous out-of-home placements;

55.1.14 For a child with special needs, an assessment of the child's long-term need, adoption subsidy information, and community resources;

55.1.15 Supplemental Security Income (SSI) or Social Security eligibility of a child;

55.1.16 Current international adoption situation;

55.1.17 Country of origin adoption's requirement, health issues, travel information, and assistance;

55.1.18 Institutional disorders such as those relevant to a child in an orphanage, including possible developmental delay;

55.1.19 Attachment issues;

55.1.20 Adoption risk especially pertaining to international adoption;

55.1.21 Available cultural support system;

55.1.22 Birth parent involvement if open adoption; and

55.1.23 Finalization information.

55.2 A licensee shall keep documentation on a process of how an agency has gathered or attempted to gather the information required while preparing for an adoption.

55.3 A licensee shall readily share available adoption preparation information with a pre-adoptive parent, or explain any difficulty or failure to obtain information and provide a record of attempts to obtain such information.

55.4 A licensee shall ensure that a pre-adoptive parent is aware that any personal information about a child or the child's birth parent or guardian, or any other family member shall be held in a confidential manner except as authorized by law.

55.5 A licensee shall promptly provide information to a pre-adoptive parent that affects the adoption placement, including but not limited to suspension of an adoption program.

55.6 A licensee shall provide a pre-adoptive parent with a refund policy for when a promised adoption service has not been provided or when a situation may prevent or disrupt an adoption.

55.7 A licensee participating in international adoption placements where the United States is the country of origin shall document that the following process has occurred before a child leaves Delaware:

55.7.1 There has been a termination of parental rights pursuant to statute;

55.7.2 There has been a determination of legal responsibility for a child in a new country; and

55.7.3 There has been proof that the adoption requirements in a foreign country can be satisfied.

14 Del. Admin. Code § 936-III-55.0

23 DE Reg. 233 (09/01/19)
24 DE Reg. 274 (9/1/2020) (final)