As amended through June 7, 2024
Rule 37 - Home Study and Report on Adoptive Home; Criminal Records Check(a) Home Study and Report. Unless waived by the court, an adoption petition filed by a person who is not a parent shall be supported by a Home Study conducted by the Department of Children, Youth, and Families or a licensed or governmental child placement agency and a report which shall include a recommendation as to the suitability of the prospective adoptive family.(b) Referral. Upon receipt of an adoption petition, the court shall refer the matter to the Department of Children, Youth, and Families for a Home Study on the suitability of the prospective adoptive family unless the petition is accompanied by a motion to waive the Home Study or a completed Home Study.(c) Bureau of Criminal Identification. The petitioner shall apply to the bureau of criminal identification of the state police, the local police department, the Department of Attorney General, or the Department of Children, Youth, and Families for a nationwide criminal records check unless the petitioner has previously submitted to a nationwide criminal records check in accordance with G.L. 1956 §§ 14-1-34, 40-13.2-2, 40-13.2-4, 40-13.2-5, 16-48.1-4, and/or 16-48.1-5. Upon the discovery of any disqualifying information with respect to a prospective adoptive parent, the court shall be so informed by the Department of Children, Youth, and Families or the licensed or governmental child placement agency.(d) Contents of the Report. All investigative reports submitted to the court shall be based on a minimum of two (2) home visits by the Department of Children, Youth, and Families or licensed or governmental child placement agency conducting the home study. All prospective siblings and any other household members, to the extent feasible, shall be interviewed during a home visit. A summary of the Department of Children, Youth, and Families or the licensed or governmental child placement agency's past and present contact with the prospective adoptive family shall be included in the report. The Department of Children, Youth, and Families or the licensed or governmental child placement agency shall include in the report the agency's recommendations for approval or disapproval of the adoption and the reasons for the agency's conclusion. The following information shall be included in all reports submitted to the court: (1) Identifying information on all household members, including minor children, and the current needs of each child;(2) Information regarding the prospective adoptive parents' motivation and reasons for the adoption;(3) Current background information on the prospective adoptive parents, including a written self-assessment;(4) Child care experience and parenting philosophy of the prospective adoptive parents;(5) Information regarding past and present marriage and partnership relationships;(6) Current medical and psychological conditions, including addiction to drugs or alcohol of any prospective adoptive parents, that may be seriously detrimental to the health and welfare of child;(7) Description of the home and local community, including any health and safety concerns regarding the home;(8) Information regarding the finances and employment of the prospective adoptive parents;(9) Reference letters from at least three (3) individuals at least two (2) of whom are non-relatives;(10) Results of background checks and clearance checks regarding state and federal criminal records conducted on the prospective adoptive parents;(11) Information related to the prospective adoptive parents' willingness and ability to accept and cooperate with adoption support services, including the level of understanding regarding openness with the birth family; and(12) Information related to the match between prospective adoptive parents and the child, including attitudes and capabilities of prospective adoptive parents and the child's characteristics and background.(e) Waiver. Provisions of this section may, at the discretion of the court, be waived or modified in the case of a petition for the adoption of a child where the child is the biological child of one (1) of the parties petitioning for the adoption and resides with the petitioning parties.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.