11.16 Child Re-Enters Foster Care Following Adoption Finalization

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(11) Adoption

Policy Title:

Child Re-Enters Foster Care Following Adoption Finalization

Policy Number:

11.16

Previous Policy Number(s):

111.3, 111.4

Effective Date:

August 2015

Manual Transmittal:

2015-07

Codes/References

O.C.G.A. §19-8-23 Where Records of Adoption Kept; Examination by Parties and Attorneys; Use of Information by Agency and Department

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Respond to all adoptive parent(s) who wish to relinquish custody of a child whom he/she previously adopted in the same manner as any Child Protection Services (CPS) intake on a birth parent wishing to relinquish a child.

  2. Access sealed adoption records when a child re-enters foster care following a finalized adoption when such records are required for the purpose of permanency for the child (see policy 2.2 Information Management: Adoption Case Records).

Procedures

Social Services Case Manager

  1. Thoroughly assess the family’s situation.

  2. Report allegations of abuse and neglect to CPS (see policy 3.24 Intake: Mandated Reporters for procedures and practice guidance).

  3. Determine in consultation with the Social Services Supervisor (SSS) and/or County Director/Designee if the situation is appropriate for crisis intervention services and/or support services enabling the adoption to continue.

  4. Make a referral for crisis intervention services and/or support services in accordance with policy 11.13 Adoption: Support Services - Post Adoptive Placement and Post Adoption), if applicable.

  5. Determine if voluntary surrender of parental rights is in the best interest of the child as outlined in policy 17.12 Legal: Voluntary Surrender of Parental Rights, if the adoptive parent(s) continues to wish to surrender their parental rights of a child whom he/she adopted.

  6. Follow the procedures outlined in policy 17.12 Legal: Voluntary Surrender of Parental Rights, if the assessment results in a decision to accept the adoptive parent(s) voluntary surrender of parental rights.

  7. Refer the adoptive parent(s) to the local Juvenile Court where they may file a dependency petition indicating their unwillingness or inability to care for a child who he/she adopted, if determined that voluntary surrender of parental rights is not in the best interest of the child and the adoptive parent(s) continues to wish to surrender their parental rights.

  8. Renegotiate the Title IV-E or state-funded adoption assistance rate with the adoptive parents following the child’s re-enter into foster care (pre-adoption or post adoption) as outlined in policy 12.9 Adoption Assistance: Continuation, Renegotiating or Termination of Adoption Assistance Benefits.

Re-Entry – Temporary Custody of DFCS

The SSCM will:

  1. Enter the previous adoption information in the Adoption Section in the Person Characteristics section on the Person Detail page in Georgia SHINES;

  2. If the permanency goal is non-reunification, request a copy of the original Child Life History with all supporting documents from the adoptive parent(s); and

  3. If unable to obtain a copy of the Child Life History from the adoptive parent(s), send a request for the Child Life History with a copy of the current case plan to the Adoption Exchange, State Adoption Unit (see policy 11.5 Adoption: Child Life History).

Re-Entry – Permanent Custody of DFCS

The SSCM will:

  1. Gather and enter the previous adoption information in the Adoption Section of the Person Characteristics section on the Person Detail page in Georgia SHINES.

  2. Request a copy of the original Child Life History with all supporting documents from the adoptive parent(s).

  3. Submit a written request for a copy of the Child Life History maintained in the sealed record, with a copy of the termination order or voluntary surrenders, to the Adoption Exchange, State Adoption Unit, If unable to obtain a copy of the Child Life History from the adoptive parent(s).

  4. Prepare a new Child Life History using the information from the original history as the basis (see policy 11.5 Adoption: Child Life History).

  5. Register the Child Life History with the Adoption Exchange, State Adoption Unit under his/her legal name given by the adoptive parent(s) (see policy 11.5 Adoption: Child Life History).

  6. Discontinue adoption assistance benefits following adoption dissolution. See policy 12.9 Adoption Assistance: Continuation, Renegotiation or Termination of Adoption Assistance Benefits for guidelines on terminating adoption assistance payments following dissolution of an adoption.

Practice Guidance

When it is necessary for an adopted child to enter care, it is best that only temporary custody be given to the county department to allow for a thorough evaluation of the situation and the establishment of an appropriate case plan to attempt to keep the adoption from dissolving.

Adoption dissolution is the surrender or termination of parental rights of the adoptive parents of a child on whom an adoption has been finalized in court. The dissolution of an adoption is a very serious matter. DFCS shall not accept a voluntary surrender from the adoptive family unless there is reasonable knowledge that the child will be placed again into an adoptive home. Adoptive parents are legal parents once the adoption has been finalized. The agency does not retain any legal responsibility for the child once the adoption is finalized. Dissolution will renew separation, loss and rejection issues for the child. The child often blames him/herself for the dissolution, which, may or may not be valid. The child may be relieved that the adoption dissolved and feel guilty about these feelings. It would be unusual for the child not to need therapy following dissolution. The adoptive family may express feelings of anger toward the agency and be unwilling to work in partnership with the agency towards resolution of problems. The adoptive family usually has great feelings of guilt that the adoption did not work and that they feel relieved it is over.

Forms and Tools

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