214 R.I. Code R. 214-RICR-40-00-5.7

Current through December 3, 2024

Section 214-RICR-40-00-5.7 - ADOPTIVE SERVICES

A. In order to obtain a license to operate a program of adoptive services, a program shall adhere to the regulations contained herein:

B. Application for a License

1. An agency shall submit an application to the Department for a license to operate an adoptive program on forms approved by the Department and in a manner prescribed by the Department.

C. Authority to Place a Child for Adoption

1. An agency licensed to place children for adoption may do so when it has a copy of the following applicable document(s) as proof of availability of the child(ren) for adoption:

a. a voluntary surrender signed by the birth parent(s) in accordance with the law of the country or state where the surrender is taken, or evidence thereof;

b. a certified copy of the state or foreign court order terminating the parental right(s) of the parent(s) of the child(ren), and the grounds for termination or evidence thereof;

c. the certified death certificate of the birth parent(s);

d. if a child is brought into the State from another state, or if a child is sent to another state from the State, verification of compliance with the Interstate Compact on the Placement of Children;

e. if a child is brought into the State from a foreign country, verification of compliance with the immigration laws of the U.S.

D. General Provisions

1. Registration with Adoption Resource Exchange - An agency shall register with an adoption resource exchange in the State any child(ren) considered "legal risk" or free for adoption but without a prospective family after sixty (60) days of surrender.

2. Notification of Foster Parents of Release for Adoption - When a foster child is freed for adoption, the agency shall notify the foster parents in writing.

3. Involvement of Children in Placement Planning - The agency shall counsel each child surrendered for adoption regarding the adoption process and shall involve the child in placement planning when appropriate to the age and ability of the child.

4. Interim Care

a. Care shall be provided or arranged for a child(ren) prior to adoptive placement by the adoptive agency.

b. Care shall also be provided or arranged by an adoptive agency when a child(ren) is removed from a prospective adoptive family.

E. Adoptive Home Recruitment

1. An agency shall develop and maintain an ongoing program to recruit adoptive families for children who are legally free and available for adoption. Recruitment shall be based on the following:

a. Ages and developmental needs of children available;

b. Racial and cultural identity of children available;

c. Sibling relationships; and

d. Special needs.

2. The agency shall provide information to prospective adoptive parent(s) about:

a. The adoption process;

b. Legal procedures and the approximate time the process will take;

c. Types of children available; and

d. Fee structure, and the availability, if any, of subsidy.

F. Adoptive Home Application

1. The agency shall have an application form(s) for prospective adoptive parent(s).

2. The form(s) shall be approved by the Administrator.

G. Adoptive Home Study

1. The agency, in response to an application for adoption, shall conduct a study to assess the applicant(s) appropriateness to be an adoptive parent(s).

2. The study process shall be summarized in a written report and shall include all of the following:

a. Motivation for adoption;

b. Three reference reports;

c. A current physical examination of the applicant, including a recommendation from the physician that he/she is physically capable of caring for a child;

d. Evidence that the household has sufficient income and appropriate fiscal management to maintain its stability and security without the need for reimbursement of the child's expenses;

e. Record of any convictions other than minor traffic violations;

f. Emotional stability and compatibility of the adoptive parent(s);

g. A discussion of the applicant's ability to have biological children;

h. Adjustment of own children, if any;

i. The family's attitude toward accepting an adoptive child, including the family's plans to discuss adoption with the adopted child;

j. Parenting ability;

k. Types of children desired; and

l. Recommendations as to the age, sex and characteristics, including special needs, of children best served by this family.

3. Physical Requirements for Adoptive Homes - The agency shall establish physical requirements for adoptive homes, which shall include, but not be limited to the following:

a. the adoptive home be clean, safe, free of obvious hazards, and of sufficient size to accommodate comfortably all members of the household;

b. the adoptive home have adequate lighting and ventilation, hot and cold water supply, plumbing, electricity, and heat;

c. a report in the adoptive home file as to a finding of safety by the Health Department where well water is used by the adoptive family;

d. a report in the adoptive home file as to findings of approval by the Health Department. where septic tanks and leach-fields are used by the adoptive family.

H. Notification Regarding Application

1. The agency shall notify the applicant(s) in writing within thirty (30) days of completion of the home study of the acceptance or denial of his/her application.

2. When the applicant(s) is not accepted, the agency shall offer services to the applicant(s) to assist the adjustment to such a decision.

3. The agency shall deny adoption to an applicant(s) if he/she:

a. has been convicted of, or is serving an active probationary sentence for, a disqualifying criminal offense; or

b. falsifies or omits facts on an application form(s) or during an adoptive home study; or

c. impedes an adoptive study; or

d. has a documented history of substantiated child abuse or neglect; or

e. has a past or current history of agency or departmental intervention deemed detrimental to the care of a child; or

f. has a documented history of chemical or alcohol related problems; or

g. would not provide satisfactory parenting for a child.

I. Adoptive Study Records

1. The agency shall keep separate confidential records for each adoptive family which shall contain, but not be limited to the following:

a. written application form of the pre-adoptive family;

b. report of adoptive home study;

c. three (3) reports of references;

d. current medical report(s) of the adoptive applicant(s);

e. clearances with the Department and criminal record checks, as required by RI statutes;

f. a copy of the information given to parent(s) concerning a child(ren) to be placed for adoption with them;

g. all legal documents pertaining to the adoption;

h. a copy of the agency's written policy regarding assistance rendered adoptive children in search of their birth parent(s);

i. a summary of the placement decision;

j. a summary of pre-placement and post-placement contacts with the adoptive family and the adoptive child(ren); and

k. if an applicant is not approved, or a child not placed with an applicant, the agency shall document their reasons and the way in which the applicant was so informed.

J. Selection of Home

1. An agency shall not place a child in an adoptive home unless an evaluation of the child and the prospective adoptive family has been completed and recorded, and supervisory approval of the placement has been documented.

2. An agency shall give priority to placing children from the same family together. If this is not possible or is not in the best interest of the child, the reasons shall be documented in the child's record.

3. An agency shall give priority to placing children with families of the same racial and cultural identity. If this is not possible or is not in the best interest of the child, the reasons shall be documented in the child's record.

K. Services to Adoptive Parent(s)

1. The agency shall provide an orientation to prospective adoptive parents.

2. The agency shall discuss potential children with the adopting family.

3. The agency shall prepare the adoptive family for the placement of a particular child. Preparation shall include:

a. Information about the needs, characteristics, and expectations of the child and of the child's family;

b. Review of medical histories of the child and of the child's family;

c. Visiting with the child prior to placement; and

d. Projected impact of the child's placement on the adoptive family.

4. The social service worker shall visit the adoptive family at least twice after the placement of a child and prior to the final decree. A summary of the observations made during the visits shall be recorded and used in making final recommendations as to the finalization of the adoption.

5. 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. The agency shall have a written policy concerning the assistance it will provide to adopted children or to birth parents who are searching for information concerning birth parents or an adopted child.

214 R.I. Code R. 214-RICR-40-00-5.7