Regulations For How a Foster Parent Can Adopt a Child
It is not a foregone conclusion that all foster children will eventually be available for adoption. Most states will do everything possible to give a child's birth parent or parents an opportunity for reunification with their child through counseling and social service programs. Only when this is not successful and after a certain period of time, will a state court terminate biological parents' rights. The time period varies from state to state. Once the state terminates those rights, however, a child becomes available and her foster parents can adopt her, subject to federal and local law.
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Putative Father Registry
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Many states provide for putative father registries in their legislation. A putative father is one who is not married to the mother but believes he may be the father of her child. If he registers with the state, officials will notify him when and if the child is ever placed for adoption. He has the right to object and take custody of the child himself if he acknowledges paternity. Most states also require that he must agree to be financially responsible for the child when he registers. States that have registries generally mandate that adoption agencies, attorneys and state social services check the registry before placing a child for adoption.
Reports
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Many state and federal regulations are designed to protect the child. Most states will require a home study before placing a child with a family, and a post-placement report within two months of the child arriving to live with a family. A home study is a report written by a caseworker after he has had an opportunity to interview the prospective foster parent several times, learn her reasons for wanting to adopt, view her household and living arrangements, and investigate her lifestyle and those of other members of the family. Parents must pass the home study for approval to either foster a child or adopt one.
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Federal Laws
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In addition to a home study, the Adoption and Safe Families Act, as well as Title IV-E of the Social Security Act, require that social service workers perform a background check on all foster parents, whether they go on to adopt their foster child or not. The check verifies that they have not been guilty of any felony conviction for child abuse, child neglect, spousal abuse or a violent crime. The Child Abuse Prevention and Treatment Act also requires criminal background checks of all individuals living in a foster or adopting household, and the Adam Walsh Child Protective and Safety Act of 2006 requires all adoptive and foster-care parents to be fingerprinted and checked against national registries.
Financial Help
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Federal and state regulations also provide financial assistance to foster-care parents who adopt their child. Certain adoption tax credits are available, and many state colleges and universities are required to waive tuition for these children. Foster children generally qualify for state-funded medical care. Most states will reimburse foster parents for any costs incurred in the adoption process.
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References
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