What happens to the Birth Records after an Adoption is Finalized?

In nearly all US states, adoption records are sealed and withheld from public inspection after the adoption is finalized. Most states have instituted procedures by which parties to an adoption may obtain non-identifying and identifying information from an adoption record while still protecting the interests of all parties. Non-identifying information includes the date and place of the adoptee's birth; age, race, ethnicity, religion, medical history, physical description, education, occupation of the biological parents; reason for placing the child for adoption; and the existence of biological siblings.

All states allow an adoptive parents access to nonidentifying information of an adoptee who is still a minor. Nearly all states allow the adoptee, upon reaching adulthood, access to non-identifying information about their relatives. Approximately 27 states allow biological parents access to non-identifying information. In addition, many states give such access to adult siblings. Identifying information is any data that may lead to the positive identification of an adoptee, biological parents, or other relatives. Nearly all states permit the release of identifying information when the person whose information is sought has consented to the release. Many states ask biological parents to specify at the time of consent or surrender whether they are willing to have their identity disclosed to the adoptee when he or she is age 18 or 21.5. If consent is not on file, the information may not be released without a court order documenting good cause to release the information. A person seeking a court order must be able to demonstrate by clear and convincing evidence that there is a compelling reason for disclosure that outweighs maintaining the confidentiality of a party to an adoption.^[23] In Alabama, Alaska, Delaware, Kansas, New Hampshire, and Oregon, there is no requirement to document good cause in order to access their birth certificates.^{[24][25][26][27]} Some groups, such as Bastard Nation, One Voice,^[28] and Origins USA,^[29] campaign for adoptees' automatic access to birth certificates in other US states.

At age 18, people adopted in the United Kingdom, Australia, Europe and in several provinces in Canada are automatically entitled to their birth certificates and may access their adoption records.<sup>[24]

Credit: http://en.wikipedia.org/wiki/Open_adoption</sup>

Preparing the Sibling-In-Waiting Before Adoption Occurs

Heidi Weitzman, an adoption social worker in Children's Home Society's Minnesota Waiting Child Program, says, " Because of the nature of our work, a lot of us tend to focus on the newly adopted child. Sometimes it's good to take a step back and look at this from all points of view. The child already in the family will experience just as much change with the least amount of preparation because they're not in classes."

Weitzman has found that a child anxious to get a new sibling typically has a let down when reality replaces fantasy. The child may experience difficulty over divided parental attention, particularly if the newest sibling or siblings demonstrate behaviors that require interventions. To help children who are anticipating getting a new brother or sister through adoption, Weitzman interviews the child without the parents being present, using a "Sibling Preference Questionnaire" that helps determine how the child fantasizes about their new sibling or siblings. With the child's permission, the answers are shared with parents, and Weitzman makes herself available should the family or the child need to talk at a later date. "This common sense approach elicits the child's feelings," says Weitzman, "and provides a talking tool to discuss a list of behaviors that might be exhibited by siblings."

"Work small," suggests Weitzman, "Don't expect miracles or for sibs to click right away, and if they do, expect it to get worse. That's the reality. I don't like to be a pessimist, but I point out to families that I've worked with a lot of kids who have gone through this, and that there will be difficult times. Even if I come in as a rain cloud, it can be helpful. They don't have to believe me, but once the children know me, I'm a familiar face who they can talk to if I'm needed."

To help parents and professionals prepare sibling-to-be, Weitzman suggests the following tips:

1. Elicit the child's fantasies about the sibling about to join the family.

2. Give the child a voice, separate from the parents.

3. Pay attention when the child's view does not match that of the parents.

4. Be aware that adults may need to adjust a child's fantasy of siblings about to be adopted, particularly if the child expects a "picture perfect" experience.

5. Note that children without other siblings seem to have more difficulty with the transition because of divided attention from their parents or how they perceive the new child behaving towards the adoptive parents.

6. Practice future thinking, helping children project themselves into situations where they will be able to keep their identity apart from their new sibling(s). (For example, beginning middle school, playing soccer, sleeping over at a friend's house.)

7. Be aware that kids equate parental love with the amount of attention given to a new child or children in the family, even if it is negative attention.

8. Help the child do some "grown-up talk" about behaviors that might occur with new sibling(s).

9. Provide ways to grow the sibling relationship, suggesting that they play video games together, pick out a treat together or take turns choosing a movie for the family to view.

10. Remind children of why they were excited to get a new sister or brother, and seek commonalities that might help them renew that initial excitement.

CREDIT:Mary Martin Mason grew up in an open adoption as is her 17-year-old son. She often addresses national audiences on issues of adoption including the open adoption. The author of Designing Rituals of Adoption and Out of the Shadows, Birth Fathers Stories, she is the Adoption Clearinghouse Coordinator for MARN (Minnesota Adoption Support and Preservation - MN ASAP) and editor of the N ASAP Family Voices newsletter. E-mail: mmason@mnadopt.org. http://www.mnasap.org © 2003

http://library.adoption.com/articles/preparing-the-sibling-in-waiting-before-adoption-occurs.html

Waiting Children

·         Children enter foster care through no faults of their own as victims of child abuse, neglect or abandonment. They are removed from their biological families for their own safety and left without a permanent, loving home.

·         More than 26,000 foster youth age out of the system each year with no one to call family and no place to call home.

·         46% of foster youth who age out of the system have not completed high school; 48% were unemployed in the first 12-16 months; 25% experienced homelessness within four years after leaving care; 84% became parents outside of wedlock; and 30% became dependent on public assistance.

·         Foster care is designed to be temporary, yet the average time in care is almost 21 months, and 33% of children ages 9 and older did not have case plans that included permanency goals for living with a family, but rather include plans for long-term foster care or emancipation.

·         65% of former foster children and youth experienced 7 or more school changes while living in the foster care system.

·         The average child waits for an adoptive family for more than 3 years; 19% spend 5 years or more waiting for a family.

Source: U.S. Department Health & Human Services and Annie E. Casey Foundation KIDS COUNT 2008 Data Book

Why Encourage Adoption?

From the U.S. Department of Health and Human Services (AFCARS Estimates as of January 2009):

·         114,500 children in U.S. foster care are available for adoption because parental rights have been terminated; however, only 57,000 children are adopted each year.

·         Each year, 20% of children turn 18 and leave foster care leave without being adopted.

From the National Foster Care Adoption Attitudes Survey, conducted by Harris Interactive and commissioned by the Dave Thomas Foundation for Adoption in 2007:

·         48 million Americans have considered foster care adoption, more so than any other form of adoption. However, they lack awareness and information to move through the adoption process. More needs to be done to connect these families with waiting children.

·         69% of American adults think more should be done to encourage adoption.

·         One in three American adults has considered adopting a child, if just a fraction of them adopted, every child waiting in foster care would have a permanent family.

·         Many Americans have misperceptions about the foster care adoption process and the children waiting for adoption. They need to know that these children did not enter foster care as juvenile delinquents, that foster care adoption is affordable and that the biological parents cannot try to take the child back.

Is Your Workplace Adoption-Friendly?

Ask your employer for adoption benefits with the help of a free toolkit from The Dave Thomas Foundation for Adoption. The toolkit contains a copy of the book, Beyond Benefits: More Ways to Make Your Workplace Adoption-Friendly. It also includes a CD with forms and sample benefit plans, making it easy to propose and establish an adoption benefits policy in your workplace.

The booklet suggests ways for employers to help employees who are considering adoption, are engaged in the process, or have already adopted, plus ways to promote the cause of adoption in the workplace. Created with the support of the W.K. Kellogg Foundation.

Visit http://www.davethomasfoundation.org/ for more resources and information.

Auburn Adoption Orientation

November is National Adoption Month

Every November, across the nation awareness is raised for adoption and the need for adoptive families. There are thousands of children waiting in foster care who are legally free for adoption with no identified family to adopt them.

Did you know? One in three American adults has considered adopting a child, if just a fraction of them adopted, every child waiting in foster care would have a permanent family.

 National Adoption Day
On this day during National Adoption Month, judges across the country make it a priority to finalize pending foster care adoptions. National Adoption Day is held each year on the Saturday before Thanksgiving (November 19, 2011). Host a National Adoption Day event of your own by inviting members of your church congregation or local group to join you for a workshop, picnic, reception or other event in celebration of adoptive families and generate awareness of waiting children. To partner with a local foster care adoption agency, visit www.childwelfare.gov/nfcad

Be a part of the national effort and get a free banner by registering your event at http://www.nationaladoptionday.org/

National Adoption Month resources
Promote foster care adoption in your community to help us find a family for every child, especially during National Adoption Awareness Month each November. Here are some of the ways you can help:

Reach out to your local media using these resources:

• Media relations tips
• Sample news release
• Sample letter to the editor
• Sample event announcement
• Letter to request airing of public service announcement
• Order our free public service announcements, videos and posters
• Share our Step-by-Step Guide to Adoption with potential adoptive parents
• Engage your faith community
• Encourage employers in your area to offer adoption benefits
• Participate in National Adoption Day, November 19, 2011
• Gather your family and friends to watch the CBS foster care adoption special, A Home for the Holidays
• Share the 2010 Best Adoption-Friendly Workplaces List

Credit: http://www.davethomasfoundationforadoption.org/

Alabama Foster Parent Bill of Rights

The Foster Parents’ Bill of Rights, Act No. 2004-257, was enacted by the Legislature of Alabama.  The following rights have been established and the Department of Human Resources shall ensure that each foster parent be afforded the following rights:

1. The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.
2. The right to receive information concerning the rights enumerated in this act.
3. The right to a concise written explanation of their role as foster parents in partnership with children and their families, the department, and other providers, the role of the department, and the rights and role of the members of the birth family of a child in foster care.  The birth family’s rights/roles and responsibilities are defined and should be shared with the birth family and the foster parents to ensure expectations.  Refer to the “Rights/Roles and Responsibilities of the Birth Family of a Child in Foster Care” located in the forms section.
4. The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care.
5. The right to training, consultation, and assistance in evaluating, identifying, and accessing services to meet their needs related to their role as foster care providers.  This includes, but is not limited to, all foster care policies, the Foster Parent Handbook, Foster Family Homes Minimum Standards, the Therapeutic Foster Care Manual, and a mediation process.
6. The right to provide input to the department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal.
7. The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care prior to the child's placement with a foster parent or parents.  When the department learns such information after placement, the department shall make that information available to the foster parent as soon as practicable.
8. The right to a written explanation of the plan concerning the placement of a child in the foster parent's home.  For emergency placements where time does not allow prior preparation of the explanation, the department shall provide such explanation within 72 hours.  Prior to placement, the department shall allow the foster parent to review a written summary of information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to assist in determining whether  they can meet the needs of the placement for the prospective foster family.  For emergency placements where time does not allow prior review of the information, the department shall provide the information within 72 hours of placement.  Confidential information shall be kept confidential by the foster parents, except as determined through the ISP process to promote the health and welfare of the child.   Refer to the Form Section for the “Foster Parents Written Explanation Regarding Placement.”  If a county desires to use it’s own form all the required information must be included.  Counties should make two copies of the placement information form, a signed copy for the child’s DHR record and a copy for the foster parents to keep.
9. The right to a staff person representing the department on call 24 hours a day, seven days a week, for the purpose of aiding the foster parent in receiving departmental assistance.
10. The right to fair and equitable board payments based on a system of daily board rates and other financial reimbursement as specified in a plan adopted by the department after consultation with foster parents, subject to the availability of funds.
11. The right to accept or refuse placement within their home, or to request, upon reasonable notice to the department, the removal of a child from their home for good cause without threat of reprisal for acting on such good cause.
12. The right to information about scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input to be used by the Individualized Service Plan team in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, foster care reviews, individual educational planning meetings, and medical appointments.
13. The right to request that a volunteer advocate be present at all meetings with the department, including, but not limited to, individualized service planning, administrative hearings, the grievance/mediation process, the adoption process, and the allegation process where the foster parent is present.  All communications received by the volunteer advocate shall be in strict confidence.
14. The right to notice and a right to be heard, including timely information concerning all court hearings.  This notification may include, but is not limited to, notice of the date and time of the court hearing, the name of the judge or hearing officer assigned to the case, the guardian ad litem, the location of the hearing, and the court docket number.  The notification shall be made upon receipt of this information by the department.  Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge.
15. The right to communication with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child
16. The right to communicate with the child's birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with Individualized Service Plan Team approval and without the threat of reprisal.
17. The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent except in the instances of immediate response of child protective service.
18. The right to first consideration as the resource for a child in a foster parent's home after post TPR and all relatives have been explored.
19.  The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.
20. The right to information, in person and in writing, of any allegations of maltreatment of children in the home of the foster parent alleged to have been perpetrated by a member of the foster parent's household, the process for disposition of these allegations, and any review process for reports of indicated child abuse and neglect upon receipt of the allegations.  A written notification of any report in which a finding is not indicated on the county level shall be provided to a foster parent within five days of the findings.
21. The right to copies of all information relative to their family and services contained in the personal foster home record.
22. The right to mediation procedures that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent Association Board.  The foster parent may request mediation in accordance with any mediation policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
23. The right to appeal the revocation of a foster family home by the department in accordance with any appeal procedure adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.

There is no provision in the FPBR that allows the Department to release written information to foster parents about the parents of children in care.  No personal information about the parent should be included on the written summary provided to the foster parents.  The Department has no authority to release Social Security numbers of the parents of children in care on the written information form or otherwise.  The whereabouts of the parents may be included to the extent that it is of value to placing the child.  Information about the parents will be shared/covered during the ISP.