Rule 37.93.708 - CHILD PLACING AGENCY: ADOPTIVE SERVICESIn addition to the child placing agency licensing requirements, those agencies that place children for adoption must meet the following requirements:
(1) Adoptive home recruitment: (a) Agencies serving Indian children shall actively recruit Indian homes and shall comply with the placement requirements contained in the Indian Child Welfare Act ( 42 USC 1901 et seq.).(b) The agency shall provide information to prospective adoptive parent(s) about the adoption process: (i) the agency's policies and practices, legal procedures and the approximate time the process will take, adoptive requirements, types of children placed, the fees, and the availability of subsidy.(2) Adoptive home application: (a) The agency shall have an application process that allows for notice to prospective adoptive parents of the status of their application.(b) The agency may bill applicants for applications commensurate with professional application services rendered.(3) Adoptive home study: (a) The study process shall be a joint effort of the child placing agency and the applicant(s).(b) The process shall be conducted by the social worker in a minimum of three meetings with the applicants, at least one meeting of which shall be in the applicant's home.(c) Separate interviews shall be conducted with each member of the household.(d) The agency shall study the following areas and shall record the information in the adoptive applicant(s) record: (i) motivation for adoption;(ii) strengths and weaknesses of each member of the household with regard to adoption of a child;(iii) the attitudes and feelings of the family, extended family, and significant others involved with the family toward accepting adoptive children, and parenting children who are not born to them;(iv) attitudes of the applicant(s) toward the birth parent(s) and the reason(s) the child is in need of adoption;(v) the applicant's plan for discussing adoption with the child;(vi) emotional stability and maturity of applicant(s);(vii) ability to cope with problems, stress, frustrations, crises, and loss;(viii) capacity to give and receive affection;(ix) child caring skills and willingness to acquire additional skills needed for the child's development;(x) ability to provide for the child's physical and emotional needs;(xi) adjustment of birth children or previously adopted children;(xii) a report of a physical examination for members of the adoptive family living in the household which verifies that each person is free from communicable disease, specific illness, or disabilities which would interfere with the family's ability to parent a child;(xiii) ability to provide financially for the child or children to be adopted with or without agency financial assistance through adoption subsidy;(xiv) personal and community character references;(xv) location and physical environment of the home;(xvi) plan for child care if parent(s) work; and(xvii) recommendations for adoption in regard to number, age, sex, characteristics, and special needs of children best served by the family.(4) Notification regarding denial: (a) When applicant(s) are not accepted, the agency shall notify the applicant(s) in writing within 10 days of the decision and share with them the reasons why a child cannot be placed in their home. The agency shall offer services to the applicant(s) to assist them to adjust to such a decision.(5) Services to adoptive parent(s) : (a) The agency shall discuss the potential children with the adopting family.(b) The agency shall prepare the adoptive family for the placement of a particular child. Preparation shall include: (i) information about the needs, characteristics, and expectations of the child, of the child's family, and of the adopting family; and(ii) review of medical histories of the child and of the child's family; and(iii) visiting by the adoptive parents with the child prior to placement.(c) The agency worker shall visit the adoptive family home within 6 months after the placement of a child, prior to the final decree. If the child is an infant (0-1 years old), the agency worker shall conduct at least one home visit. If the child is 1 year old or older, the agency worker shall conduct at least two home visits. Observations made during the visits shall be used in making recommendations for the finalization of the adoption.(d) The agency shall make post-adoption services available to the adoptive parent(s), the birth parent(s), and the adoptee after the finalization of the adoption.(6) Agencies must secure a court order terminating the parental rights of the birth parents and legal authority to place the child for adoption prior to adoptive placements.Mont. Admin. r. 37.93.708
NEW, 1985 MAR p. 278, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 661.Sec. 53-4-111 and 53-4-403, MCA; IMP, Sec. 53-4-113 and 53-4-403, MCA;