The adoption study process for foster parents whose studies have been initiated according to priority for studying adoptive applicants must be completed within the following time limits:
within two months of receiving the completed application for a child who is legally free; or
within four months of receiving the completed application when the child is not yet legally free, but in no event more than two months after the date the child becomes legally free. [18 NYCRR 421.19(f)]
2. Completing the Home Study
When an agency intends to approve a foster parent to adopt a child, the caseworker prepares a written summary of the home study and arranges for the foster parent to review the summary, with the exception of any comments by references who have sought confidentiality. The caseworker is responsible for encouraging the foster parent to express their views about any significant aspect of the summary and offer the opportunity to document their reactions as an addendum to the summary. The caseworker and the foster parent must sign the summary after it has been reviewed and any
3. Approval of the Home Study
When approving a foster parent to adopt a child already in the foster home, the caseworker must provide the approval in writing. If the child is legally free at the time of the approval, an adoption placement agreement must be signed. The foster parent must be informed that the adoption placement agreement is to be signed and returned within one month of the date of the study approval. If the foster parent does not return the adoption placement agreement within one month, their application to adopt can be considered withdrawn and can result in the caseworker photolisting the child. It is important for caseworkers to work with the foster parents to meet these time frames so that permanency can be achieved timely for the child.
The caseworker should inform the foster parents that they need to hire an attorney to petition the court to adopt the child within three months of the date of the approval letter described above. The caseworker must inform the foster parent in writing that if the petition is not filed within the three-month time period, the foster parents’ application will be considered withdrawn and the adoption placement agreement voided. If this occurs, the caseworker will then need to look for another adoptive home for the child and photolist the child. [18 NYCRR 421.19(i)]
If the child is not legally free at the time of approval, the approval letter must indicate that the child is not free. The letter must contain the same agreements and statements to the foster parents that would be given if the child were legally freed for adoption. Note: the prospective parent cannot sign an adoption placement agreement until the child is legally freed.
A source of information helpful to foster parents considering adoption is the OCFS publication, “New York State (and New York City) Foster Parent’s Guide to Adoption”, which is available on the OCFS website in both English and Spanish at http://ocfs.state.ny.us/main/fostercare/publications.asp
4. Disapproval of the Home Study
The agency may disapprove the foster parent’s application to adopt either during or at the conclusion of the home study only in accordance with the disapproval criteria outlined in OCFS regulations. The disapproval decision must be made by at least two staff members in conference, one of whom must be at a supervisory level. The criteria for disapproving a home study are included in the regulations [18 NYCRR 421.15(g) and 421.27] and discussed in Chapter 7 of this guide.
The agency must send the foster parent a letter describing the disapproval decision and the reasons for the decision. The disapproval letter must offer the foster parent the opportunity to discuss the decision in person with the caseworker’s supervisor and must notify the foster parent that they may apply for a fair hearing. The letter must state that the child is available for adoption by other persons and that the child will be immediately photo listed.
If the child is not removed from the foster home within three months of the disapproval letter, agencies must document in the child’s case record why the family
continues to be acceptable as a foster family for this child, but is not acceptable as an adoptive family. Documentation must be made in the foster family record, if recertification is granted, as to why the home continues to be suitable for foster care but not for adoption.
Right to a Fair Hearing
Foster parents who have applied to adopt are entitled to a fair hearing if: (a) their application to adopt is denied; or
(b) their home study is not acted upon within six months of their application to adopt; or
(c) their application for the adoption of a particular child was denied or was not acted upon within 60 days of the request; or
(d) their application to adopt the child was denied or delayed in whole or in part based on the location of the foster parents outside of the social services district, or state, of the agency that has custody of the child. 5. Discontinuation of the Home Study
The adoption study of a foster parent can be discontinued only by mutual consent of the agency and the foster parent [18 NYCRR 421.15(f)]. The caseworker must
document in the foster family’s case record the discussion leading to the mutual
agreement to discontinue the study. The agency must inform the foster parent, in writing, of the discontinuation of the study, and the letter must also indicate that the child is available for adoption by other persons and will be immediately photolisted. [18 NYCRR 421.19(h)]