Ky.gov
Effective: 10/17/2023

13.13.1 DCBS Foster Parent Adoption

Legal Authority

Introduction

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Practice Guidance

  • The adoption review committee permanency lead may be invited to attend the foster parent adoption education session when appropriate. ​

Procedure

​​The following steps occur when the child’s goal is changed to adoption:
  1. The child’s SSW and FSOS, the foster family’s recruitment and certification (R&C) worker and supervisor, the Child Focused Recruitment Model (CFRM) specialist and any other appropriate staff consult to determine if foster parent adoption is appropriate.
The SSW and/or the R&C worker:
  1. Meets with the foster family within thirty (30) working days when the goal changes to adoption and when foster parent adoption is identified as the Cabinet for Health and Family Services (CHFS/Cabinet)’s preferred plan for the child. The discussion should include the following: 1 
    1. The difference between fostering and adopting; 
    2. Importance of permanency to the child; 
    3. Legal relationship within adoption; 
    4. Legal risks; 
    5. A child’s options for a permanent home when a foster parent does not adopt; 
    6. Areas in which the foster family needs preparation as a potential adoptive resource; 
    7. Adoption assistance program and eligibility status of the child; 
    8. Explanation that adoption assistance requests cannot be processed until after the termination of parental rights (TPR); 
    9. The adoptive parent’s responsibility to retain an attorney for the finalization of the adoption; 
    10. Any benefits the child may be eligible to receive; 
    11. Resources in the community for children with special needs; 
    12. Support services for an adoptive parent, (i.e., Adoption Support for Kentucky (ASK), the Network, etc.); 
    13. Adoption process from TPR through the circuit or family court judgment of adoption finalization; 
    14. Continued future contact with birth siblings and other relatives as appropriate; 
    15. Foster parent’s attitudes about contact with birth siblings, other relatives, and thoughts on handling that contact; 
    16.  The status of the child’s lifebook; and 
    17. The child’s participation in mental health services as recommended/needed for the child post-adoption. 
  2. Asks the foster parents to sign the DPP-198 Foster Parent Statement of Intent to Adopt, after the foster parent adoption education session or within five (5) working days of the meeting, and return to the SSW if adoption by the foster parent is a suitable plan; and 2 
  3. Provides a copy of the DPP-198 to the Adoption Services Branch when a child is registered with the Kentucky Adoption Profile exchange (KAPE) and a DPP-198 has been signed ( please refer to SOP 13.4 Matching with an Adoptive Family​ and SOP 13.14 Referral of a child to the Kentucky Adoption Profile Exchange (KAPE)​​:​​​

The SSW:
  1. In consultation with the FSOS considers the appropriateness of a placement change with another family who will adopt if the foster parent is not interested in adopting.
The SSW and R&C worker:
  1. Enter the details of the foster parent adoption education session into the service recordings of their respective cases.
The following steps occur after TPR is granted:
The SSW:
  1. Completes the presentation summary packet and gives one (1) redacted copy to the R&C worker to be given to the adoptive family. The original packet is uploaded into TWIST in the child's agency case. Hard copy documents from the presentation summary packet, such as original birth certificates, certified TPR orders, and the original social security card (if applicable), should be maintained in a secure location until the documents are ready to be shared with the family’s adoption attorney or sent to the receiving region for agency case transfers involving foster parent adoptions.(Please refer to SOP 13.2 Child Freed for Adoption Procedure and SOP 13.10 Preparing the Presentation Summary Packet.
The SSW or R&C worker:
  1. Redacts identifying information about a child’s biological family after receiving the presentation summary packet. (Refer to SOP 13.10 Preparing the Presentation Summary Packet).
The R&C worker:
  1. Meets with the foster family, gives them a copy of the packet, discusses the confidentiality of shared information, and the DPP-171 Notice of Confidentiality Requirements Acknowledgement Cover Sheet is signed; 
  2. Reviews the information that was addressed during the foster parent adoption education session held at the time of the goal change; ​
  3. Informs adoptive parents that adoption alone does not grant citizenship for children in out-of-home care (OOHC) who do not have a Social Security card or a permanent resident card.  Please refer to SOP 4.1 Consideration of Race and Ethnicity/Maintaining Cultural Connections​
  4. Begins discussing adoption assistance with the family if the child meets the eligibility criteria (Please refer to SOP 13.39 Adoption Assistance and SOP 13.40 Approval of Adoption Assistance​ for further details); ​3
  5. Submits the request for adoption assistance and recommendation for approval of the proposed foster parent adoption through the FSOS, to the service region administrator (SRA) or designee for approval or denial within thirty (30) ​calendar days of the presentation summary packet being assigned to the R&C worker; 
  6. Upon approval, obtain signatures on the DPP-195 Adoptive Placement Agreement and the adoption assistance contracts (DPP-1258​, DPP-1258A​, DPP-1258C, and DPP-1258D) with the foster/adoptive family and distribute copies to the family;
  7. ​Completes the enter/exit screens in TWIST within five (5) working days and ensures that the DPP-195, and the adoption assistance contracts (DPP-1258​, DPP-1258A​, DPP-1258C, and DPP-1258D) are uploaded into the provide case where they can also be accessed by the children's benefits worker (CBW), and the adoption billing specialist; 4
  8. Pre-adoptive assistance begins on the effective date of the adoption assistance agreement contract and the DPP-195 Adoptive Placement Agreement form through the dates of the approval. Signatures may vary from the effective date. The effective date must be either the first (1st) or the fifteenth (15th) of the month; 
  9. Enters the Department of Community Based Services (Department/DCBS) foster home as an adoptive provide case in TWIST if a case does not already exist; 
  10. After the adoption is finalized, ensures the following documentation has been uploaded into TWIST. The presentation summary and attachments will need to be uploaded into the agency case before sealing the case. All other documents will be uploaded in the provide case.5
    1. Agency Archives Cover Memo; 
    2. Adoption judgment, adoption petition, and order setting final hearing; 
    3. Adoption contracts (DPP-1258/DPP-1258D, DPP-1258A, and DPP-1258C​), DPP 195 Adoptive Placement Agreement;
    4. Adoption memo and adoption approval letter; 
    5. Copy of the family’s original narrative packet; 
    6. Copy of most recent re-evaluation, if one has been completed; 
    7. Copy of the family's annual training record and background check (DPP-157 form or the KY KARES final results from for each adoptive parent); and
    8. DPP-198 Foster Parent Statement of Intent to Adopt. ​​ 
The SRA or designee:
  1. Prepares and signs the DPP-1258 Adoption Assistance Agreement​ or the DPP-1258D​, DPP-1258A Adoption Assistance agreement Non Recurring Adoption Expenses and the DPP-1258C Adoption Assistance Agreement for Extraordinary Medical Expenses​, if adoption assistance and extraordinary medical expenses are approved; ​6 and 
  2. Returns the signed adoption assistance agreements to the R&C worker after review and approval.

​​Footnotes

  1. All related documents such as those about providing adoption assistance, obtaining Medicaid, and determining the child’s educational placement are completed. 
  2. Failure to return this statement does not preclude the adoption; however, the SSW must clearly understand the foster parent’s intent to proceed with the adoption when the child is available and the family's commitment to adopt the child should continue to be assessed and discussed during the foster home visits. 
  3. If foster parent adoption is planned, a pre-placement conference is not required as the pre-placement conference may occur at the same time the adoptive placement agreement is signed. 
  4. ​​​​​​​​The worker explains to the family that the adoption petition shall not be filed until the DPP-195 has been signed.​
  5. If the family requests a renegotiation that is approved, when applicable the following may be used: DPP-1258 Adoption Assistance Agreemen​t, DPP-1258C Adoption Assistance Agreement for Extraordinary Medical Expenses​, or the DPP-1258D. (Please refer to SOP 13.43 for Adoption Assistance Renegotiation​).​
  6. The case super structure button links the agency or case of origin to the provide household management screen where all case records/documents can be viewed. ​​​

Documents

Revisions

​10/2023

P. Answering the child’s questions about adoption and about the child's past, and explore sample statements to determine the impact of those statements on the child; 

  1. Completes the presentation summary packet and gives one redacted copy to R&C to be given to the adoptive family. THhe original packet is uploaded into TWIST in the child's agency. Hard copy documents from the presentation summary packet such as original birth certificates, certified TPR orders, and the original social security card (if applicable) should be maintained in a secure location until the documents are ready to be shared with the family’s adoption attorney or sent to the receiving region for agency case transfers involving foster parent adoptions. the original packet and one copy to the foster family’s R&C worker. (Please refer to SOP 13.2 Child Freed for Adoption Procedure and SOP 13.10 Preparing the Presentation Summary Packet.
7. Completes the enter/exit screens in twist within 5 working days and ensures that the 195, and the adoption assistance contracts (1258, 1258A, 1258C, and 1258D) are uploaded into the provide case where they can also be accessed by, the children's benefit worker (CBW), and the adoption billing specialist; 4

10.  After the adoption is finalized, ensures the following documentation has been uploaded into TWIST.  The presentation summary and attachments will need to be uploaded into the agency case before sealing the case.  All other documents will be uploaded in the provide case.​5 sends the foster parent adoption referral packet to the Division of Administration and Financaial Mangement (DAFM) Records Management Section (275 E Main St, 3E-G, Frankfort, KY 40621) The packet contains: ​​

G.  Copy of the family's annual training record and background check (DPP-157 form or the KY KARES final results from for each adoptive parent); 

​I.  Presentation summary narrative and packet of documents.​


Footnotes​
4.  The worker e​xplains to the family that the adoption petition shall not be filed until the APA has been signed.
5.  The case super structure button links the agency or case of origin to the provide household management screen where all case records/documents can be viewed. ​​

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