13 CSR 35-73.080 - Adoption Services
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) General Program Requirements.
(A) A child placing agency shall maintain and
make available to its clients information on resources in the community which
may be of use to foster or adoptive parents, birth parents, children and adult
adoptees.
(B) A child placing
agency shall ensure access to its services by eligible persons with
disabilities.
(C) A child placing
agency shall maintain and keep on file a grievance procedure for
clients.
(D) A child placing agency
or adoption intermediary shall be in compliance with all applicable laws
including Interstate Compact on the Placement of Children (ICPC), Interstate
Compact on Adoption and Medical Assistance (ICAMA), and Indian Child Welfare
Act (ICWA).
(2) Services
to Birth Parents.
(A) Before services are
provided an agency shall provide a written description of its current program
for birth parents, including information on the agency's services, options
available for birth parents and the adoption process.
(B) Before financial liability is incurred or
care of the child is transferred by power of attorney or court order, an agency
shall make available to birth parents a verbal explanation of and a written
agreement with the agency, describing specific services to be provided, fees to
be charged, and rights and responsibilities of both parties.
(C) When a child placing agency or adoption
intermediary accepts or obtains the waiver of necessity of consent to future
adoption or consent to termination of parental rights of a child, it can do so
only after determining that the birth parents or legal guardians are not acting
under duress. (Specifically, this waiver of consent may be taken on the
"Consent to Termination of Parental Rights and Consent to Adoption" form
developed by and made available through the local County Office of the
Children's Division, or Children's Division Central Office, PO Box 88,
Jefferson City, MO 65103, or the Court.)
1.
The birth parent(s) shall not be required to sign a statement committing
him/her to any definite plan for the unborn child in order to obtain services
from the agency.
2. The birth
parent(s) shall not be required to waive the necessity of consent to future
adoption or to consent to termination of parental rights for a child for
adoption in order to receive medical services, maternity or residential care,
or any other agency service.
3. A
child placing agency that directly provides residential care, foster home care,
and/or maternity home services to clients shall ensure that such facilities
and/or homes meet applicable state licensing, certification, or local zoning
requirements.
4. The birth mother
shall be encouraged to identify all possible birth and/or legal fathers and
reasonable efforts shall be made to locate them.
5. All birth and legal parents shall be
informed of their options including parenting or making an adoption
plan.
6. Appropriate legal
authorities shall be notified when a birth parent is a minor or incompetent so
that a guardian ad litem can be appointed as required by
Chapter 453, RSMo.
7. Before
placement of a child, it shall be documented that the birth parents were- A.
Offered counseling by a child placing agency that fully explores alternative
plans for the child, including, but not limited to, temporary foster care, day
care, and care by relatives;
B. Informed by
the child placing agency or adoption intermediary that their decision must be
free, knowing, and voluntary regardless of their age;
C. Prepared by the child placing agency,
along with the child, for placement and separation;
D. Referred to other community resources when
the agency cannot provide needed services;
E. Informed of the existing laws regarding
contact and disclosure of information;
F. Asked to submit complete medical and
social information on forms prescribed or approved by the division (birth
parent, social and medical history); and
G. Asked to update and submit to the agency
changes of address(es) and/or any significant medical information now and in
the future.
8. A child
placing agency and, as applicable, the adoption intermediary shall explain the
significance of placement to the birth and legal parents and document
acknowledgment of said explanations and take appropriate actions including the
following:
A. The full terms of this
understanding shall be delineated in writing, signed and dated by the birth
parent(s) and agency, if applicable, and maintained on file;
B. The birth parent(s) shall be given the
opportunity to state any preferences that s/he may have affecting the selection
of the adoptive family;
C. A child
placing agency or adoption intermediary shall act in the best interests of the
child in recommending the adoptive family;
D. A child placing agency or the adoption
intermediary shall not take a waiver of necessity of consent to future
adoption, consent to termination of parental rights or Consent to Adoption
before allowed by statute; and
E. A
child placing agency or the adoption intermediary shall document those parents
who cannot read, fully understand the meaning of waiver of necessity of consent
to future adoption or consent to termination of parental rights.
9. While the parent(s) has the
legal right to resume custody, a child placing agency shall not delay returning
a child solely because the parent(s) is unable to pay medical and/or other
fees.
10. A child placing agency
shall request the court to take appropriate action as necessary for the
protection of the child.
11. After
the child is placed for adoption, a child placing agency shall provide
post-placement supportive services to the birth parent(s) to help them adjust
to the placement and to deal with any concerns, including at least one (1)
in-person contact if requested by the parent.
(3) Pre-Placement and Placement Services to
the Child.
(A) Prior to adoptive placement, a
comprehensive and documented assessment, as required pursuant to section
453.026, RSMo, of each child's
medical, psychological, and social development shall be completed on an
age-appropriate basis by or at the direction of a child placing agency or
adoption intermediary. In preparing this assessment, the agency or adoption
intermediary shall have the duty to inquire and obtain reports and information
into the following matters concerning the prospective adoptive child, if such
report or information is appropriate given the age of the child:
1. A medical examination of the child within
a reasonable period of time prior to placement, meaning at least within thirty
(30) days prior to, or ten (10) days after, adoptive placement;
2. Medical, social, and cultural/ethnic
background information about the child's birth family;
3. Information on previous alternative care
or adoptive placements, if applicable;
4. Any specialized evaluations, if
applicable;
5. Assessment of the
child's needs by one who is authorized to make such an assessment under section
453.070.2, RSMo;
6. The child's
involvement in the adoption or reason(s) for not involving the child;
7. An evaluation of the feasibility of
placement with birth sibling(s);
8.
Developmental history of the prospective adoptive child-
A. Birth and health history;
B. Early development-
(I) Locomotor;
(II) Developmental milestones;
(III) Feeding;
(IV) Sleeping; and
(V) Temperament;
C. Current development;
D. A written synopsis of any professional
evaluation and treatment recommendations for the child, including medical,
educational, dental, psychological, psychiatric, etc.;
E. Child's experiences-
(I) Maternal attitudes during pregnancy and
early infancy including prenatal care and drug usage;
(II) Continuity of parental care and
affection;
(III) Foster care
placements;
(IV) Separation and
attachment issues; and
(V) Any
history of abuse or neglect; and
F. Language skills or education;
and
9. Compliance with
ICWA.
(B) A child placing
agency that is unable to locate an appropriate adoptive family within ninety
(90) calendar days of the date the child was legally freed for adoption shall-
1. Refer the child to the Adoption Resource
Exchange, or any successor statewide exchange;
2. Refer the child to an interstate or
national adoption exchange; and
3.
A child placing agency may refer a child to any adoption exchange(s) earlier
than is required.
(C) A
child placing agency placing a special needs child shall document its efforts
to facilitate an adoptive placement.
(D) Preparation for adoptive placement shall
be done in cooperation with the primary caregiver to supply the adoptive family
with all necessary social, physical, and developmental background.
1. The placement should include the temporary
caregiver(s) in a meeting with the adoptive family.
2. Pre-placement visits should take place in
length and frequency that is appropriate to the child's age, his/her needs, and
response and adjustment to the new family.
(E) For children over thirty-six (36) months,
preparation for adoptive placement should include the primary caregiver(s) and
private interviews with the child to discuss the placement plan, as age and
developmentally appropriate.
1. The child's
understanding of and response to these pre-placement interviews shall be
documented in the record.
2.
Counseling should include exploration of the child's understanding of what is
taking place and the child's feelings about adoption and separation and
loss.
(F) The
pre-placement services shall be recorded in the child's record.
(4) Adoptive Family Services.
(A) Before services are provided, a child
placing agency shall provide orientation to prospective adoptive parents to
acquaint them with the agency's policies and practices, fee schedules,
grievance procedures, the approximate time the assessment will take,
eligibility standards, adoption risk issues, availability of subsidy for
special needs children, and the types of children available so as to enable
them to make an informed decision to proceed.
(B) A child placing agency shall make
available to prospective adoptive parents a verbal explanation of and a written
agreement with the agency, describing specific services to be provided, fee
ranges, and rights and responsibilities of both parties. Said explanation and
agreement shall include the following, if applicable:
1. Physician's expenses;
2. Hospital and other medical
expenses;
3. Court costs and fees
for legal services;
4. Agency fees
or expenses-
A. Counseling services;
B. Family assessment services;
C. Birth parent services;
D. Foster care services;
E. Pre- and post-placement social
services;
F.
Transportation;
G. Contracted
services, if applicable;
H. Any
other services as may be reasonably foreseeable; and
I. Child-finding services.
(C) A written
description of the adoption program shall be provided to applicants upon
request.
(D) A child placing agency
or adoption intermediary shall complete, or cause to be completed, an adoptive
family assessment of each eligible adoptive family prior to the placement of a
child in the home. This assessment shall be completed by a person or agency as
stipulated in section 453.070.2, RSMo.
1. The
family assessment process shall consist of-
A.
An individual interview with each applicant;
B. A joint interview with
co-applicants;
C. Confidential
interviews, with all members of the applicants' household, as age appropriate;
and
D. A visit to the residence of
the applicant(s) which includes a complete inspection of the home.
2. The family assessment process
shall include a minimum of at least two (2) separate visits on nonconsecutive
days.
3. The written family
assessment shall include:
A. Identifying
information on each member of the household including:
(I) Full name(s), including maiden and
aliases, if applicable;
(II)
Current address and phone number; and previous addresses if less than five (5)
years at current address;
(III)
Date and place of birth;
(IV)
Citizenship;
(V) Social Security
number;
(VI) Race and ethnic
background;
(VII) Religion, if
applicable;
(VIII) Veteran's
status, if applicable;
(IX)
Education;
(X) Place of employment,
address, and telephone numbers;
(XI) Any children, including those not in the
home; and
(XII) Physical
description;
B. A social
history on each applicant which shall include:
(I) Description of the applicant's family of
origin, including type of family structure, values, child rearing,
relationships past and present, and discipline methods. If the family of origin
was dysfunctional (for example, alcoholism, abuse) describe how the applicant
has coped with the issues in his/her adult life;
(II) Educational and occupational history
including current employment;
(III)
Marital history and current relationships;
(IV) Interests and hobbies;
(V) Physical and mental health history
including psychiatric treatment, if any, and extent of alcohol and drug
use;
(VI) Applicant's personality,
including applicant's perceived strengths and weaknesses, emotional stability
and maturity; and
(VII) Religious
beliefs and practices;
C.
Parenting background of the application(s) which shall include:
(I) Motivation to adopt;
(II) Awareness of adoption issues such as
talking to the child about his/her adopted status, identity issues with
adoptees, grief and loss in adoption, openness, search;
(III) Applicant's readiness to seek family
counseling if needed;
(IV)
Philosophies on child rearing and discipline;
(V) Attitudes and acceptance of adoption by
other significant family members and friends;
(VI) Location and description of physical
residence, including type of community and school district available;
(VII) If the family contains school age
child(ren), reports from school personnel regarding school
adjustment;
(VIII) Child care
arrangements;
(IX) Description of
children and adopted children's background factors the applicants can
accept;
(X) Financial status and
management;
(XI) For special needs
adoption, awareness of the child's special needs and appropriate ways to meet
those needs; and
(XII) For
trans-racial or trans-cultural adoption, the applicant's awareness of and
sensitivity to differences, how they plan to impact a positive identity, and
expose the child to his/her cultural/ethnic heritage;
D. Supplemental documentation shall include:
(I) A total of no less than four (4)
reference letters; including, but not limited to, one (1), employment related
reference per applicant (if applicable) from one (1) who has worked with the
person within the last five (5) years, one (1) relative, and one (1) nonrelated
personal reference;
(II) Child
abuse and neglect background screening check Child Abuse and Neglect Central
Registry Unit (CA/N CRU), no more than six (6) months old;
(III) Criminal arrest records from a state
law enforcement agency, no more than six (6) months old;
(IV) Criminal conviction records including a
fingerprint search, from a state law enforcement agency;
(V) Any findings on child abuse or criminal
records shall be followed up by requesting a copy of the child abuse
investigation report or the police report;
(VI) Written medical reports, no more than
twelve (12) months old, on all adult members of the household;
(VII) Verifications of marriage(s) and
divorces if applicable;
(VIII)
Written documentation of income and financial resources, including a copy of
the latest Federal Income Tax 1040 form verifying adjusted gross
income;
(IX) Other family
assessments and recommendations, if applicable; and
(X) Birth and death certificates;
and
E. Impressions and
recommendations.
(E) Adoptive family assessments shall be
updated annually. An update shall also be completed if there is a significant
change in the family situation (for example, job change, address change). It
shall include:
1. One (1) or more interviews
with all members of the family;
2.
Medical reports on all household members biennially unless otherwise
indicated;
3. Child abuse/neglect
reports on all adults completed within the last thirty (30) days;
4. Arrest record check completed within the
last thirty (30) days;
5.
Evaluation of any previous placements; and
6. A summary of additional children to be
adopted.
(5)
Placement Services.
(A) Prepare child and
family for adoption, including discussion of-
1. Understanding and acceptance of the
child's background;
2. Separation
from birth family;
3. Planning for
continued contact, if applicable;
4. Meaning of and desire for
adoption;
5. Placement with
siblings, if planned;
6. Plans to
encourage and preserve the child's ethnic and cultural identity;
7. The adoption process, transfer of custody,
period of supervision, and finalization; and
8. Child's needs and any special
concerns.
(B) A child
placing agency shall document the reason(s) placing the child with the adoptive
family is in the child's best interest.
(C) A child placing agency shall make
reasonable efforts to place siblings together. When sibling placement is not a
possibility the agency or adoption intermediary shall document-
1. Efforts made to place siblings
together;
2. Reasons why such a
resource/placement is not possible/available.
3. Plan for contact with siblings or reasons
for no contact.
(D) A
child placing agency shall make reasonable efforts to place in an adoptive home
of similar racial or cultural background in compliance with the Multi-Ethnic
Placement Act (MEPA). When such placement is not a possibility the agency shall
document-
1. Efforts made to locate such a
home; and
2. Reasons why such a
resource/placement is not possible/available.
(E) A child placing agency shall enter a
written agreement with the adoptive parents specifying the rights and
responsibilities of each regarding the child during the supervision
period.
(F) When more than one (1)
child placing agency is involved in a placement, both agencies shall share
information and develop a mutual written agreement on the services to be
provided by each.
(G) A child
placing agency shall provide the following information, to adoptive parent(s)
while maintaining confidentiality as appropriate:
1. Written history of the child including
developmental and medical history;
2. Reason(s) the birth parent(s) made an
adoption plan;
3. A written
synopsis of any professional evaluation and treatment recommendations for the
child (for example, medical, educational, dental, psychological, psychiatric,
etc.); and
4. Any resources, which
may be available to the adoptive families, such as-
A. Missouri Adoption Subsidy Program
(MASP);
B. Payment for nonrecurring
adoption expenses only;
C. Missouri
Adoption Tax Credit;
D.
Supplemental Security Income;
E.
Social Security benefits; and
F.
Laws relating to health insurance.
(6) Post-Placement Services to Family.
(A) A child placing agency shall provide
education, training, and support to the family, to facilitate positive
adjustment to the placement.
(B) A
child placing agency shall maintain contact with the family during the
supervision period.
1. For children thirty-six
(36) months of age and under, the agency shall-
A. Conduct, at a minimum, quarterly home
visits until the adoption is final;
B. Conduct monthly telephone contacts between
home visits; and
C. Receive regular
written reports from the child's pediatrician.
2. For children over thirty-six (36) months
of age or children with special needs, the agency shall-
A. Conduct one (1) home visit within the
first ten (10) days of placement, then, at a minimum, quarterly until the
adoption is finalized;
B. Conduct
monthly telephone contacts between home visits;
C. Receive regular written reports from the
child's pediatrician;
D. If the
child is in school, receive one (1) report from the school personnel regarding
the child's progress every school quarter;
E. Interview the child privately to discuss
the child's feelings about the adoption during each supervisory
visit.
(C)
Document in the child's record that all members of the adoptive family's
household were interviewed during supervision.
(D) Document in the child's record that the
following issues were discussed:
1. How the
addition of this child into the family has changed marital and sibling
relationships and how extended family and friends have reacted to the
adoption;
2. What role each family
member has assumed in child care;
3. How parents have coped with adjustments,
additional responsibilities, discipline, physical, psychological, emotional,
and financial stresses;
4. How
family is imparting knowledge of child's history, as age appropriate;
and
5. The child's adjustment
including health, school, and family.
(E) Prior to finalization, the family will
provide documentation to the child placing agency that provisions have been
made to provide for the care of child in the event of the parents inability to
provide care.
(7)
Disruption of Placement.
(A) A child placing
agency shall have and follow a written policy on procedures to be followed in
the event of an adoptive placement disruption which shall include:
1. A thorough assessment of the reasons for
the disruption;
2. Provision of
counseling services to the adoptive family and child as needed; and
3. Provision for temporary care of the child
until another permanent plan can be made.
(B) A child placing agency maintains
responsibility for the health and welfare of a child. When it becomes necessary
to remove a child from a placement the agency shall-
1. Take appropriate action to insure the
child's health and well being;
2.
Seek an appropriate adoptive resource for the child; and
3. Advise the appropriate court(s) of
placement changes.
(C)
The division shall be notified in writing within three (3) working days of all
disruptions.
(8)
International Placements.
(A) Families being
considered for the placement of a child from a foreign country shall meet all
criteria for families adopting a child born in Missouri as specified in
13 CSR
35-73.080(4).
(B) Families residing in states other than
Missouri, but adopting children from a Missouri resource, must also complete a
criminal record check and child abuse and neglect screening in their state of
residence.
(C) In countries where
foreign government authorization or licensure of orphanages, lawyers, or others
working in the field of adoption is required, agencies shall enter into
agreements and working relationships regarding an adoption with those who meet
the requirements of the foreign government.
(D) In countries where an agency based in
Missouri is required to obtain a license or other authorization from that
country, a copy of said license or authorization shall be filed with the
division.
(E) In the event that the
adoptive placement ends in a disruption, the same procedure as stated in
13 CSR
35-73.080(7) shall be followed.
1. If the disruption occurs prior to the
finalization of the adoption, the placing agency shall be responsible for the
care and replacement of the child, as discussed in
13 CSR
35-73.080(7).
2. If the child placing agency is an agency
located in the state other than Missouri, applicable provisions of the ICPC
shall be followed.
3. If the child
placing agency is a Missouri agency and the child is placed in a state other
than Missouri and the adoption disrupts, applicable provisions of the ICPC
shall be followed.
(F)
Pre-Placement Planning.
1. A child placing
agency evaluating the prospective adoptive parents shall include in their
discussion with and evaluation of the adoptive family:
A. Discussion of the family's intent and
ability to help the child maintain cultural/ethnic identity and familiarity
with the country of origin;
B.
Discussion of factors particular to child's country of origin (such as,
medical, developmental concerns);
C. Community resources available to assist
the prospective adoptive parents with the adjustment following the placement of
the child; and
D. Coping with any
language, cultural, or other barriers that may affect the placement.
2. A child placing agency must
evaluate the prospective adoptive parents for the placement of a child from a
foreign country, including discussion about the child's acceptance within the
immediate and extended family, and the community at large.
3. For international placement situations
where the prospective adoptive parents must travel to the foreign country,
assistance from the placing agency should include assisting or preparing the
family for such travel, assistance with passport and visa, any immunizations,
or health concerns and preparation for travel within the foreign
culture.
4. A child placing agency
shall obtain and document all available information about the birth
parents.
(G)
Post-placement services.
1. Post-placement
services shall be provided in compliance with provisions of rule
13 CSR
35-73.080(6).
2. Attention shall be given to the child's
acceptance within the extended family and the community at large.
3. Discussion shall focus on any differences
in appearance of the child from the family and how those differences are being
addressed and resolved.
4. Health
concerns relative to the child's country of origin shall be noted and followed
by a physician as needed and shall be discussed by the worker and the
family.
5. Post-placement reports
shall be completed and forwarded to the country of origin as required by that
country.
6. The agency shall offer
information to the family regarding recognition of foreign decree, transfer of
custody, and adoption as needed.
7.
Certified copies of the final decree of the adoption shall be kept in the case
record and forwarded to the country of origin as needed. A translation of said
decree shall be retained if applicable.
8. Families shall be encouraged to complete
naturalization proceedings on their adopted
child.
(9) A
child placing agency that provides services for adoption must comply with all
provisions of the licensing rules.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.