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Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

6

NON-AGENCY PLACEMENT ADOPTIONS

TABLE OF CONTENTS

6.1 Introduction 6.2 Parental placement adoptions

6.2.1 Timeline for parental placement adoption 6.2.2 Responsibilities of the agency in a parental placement adoption before the adoption petition is filed in circuit court

6.2.2.1 Open the case 6.2.2.1.1 Set up case records

6.2.2.2 Conduct a home study of the prospective adoptive home 6.2.2.3 Agency meetings with the birth parent and adoptive parent 6.2.2.4 No exchange of property, advertisement, or solicitation 6.2.2.5 Binding contract 6.2.2.6 Provide the juvenile court with a report of home study 6.2.2.7 Report format 6.2.2.8 Documents to send to the Permanency Unit 6.2.2.9 Conduct an investigation 6.2.2.10 False information

6.2.3 Duties of the attorney in parental placement adoption in juvenile court 6.2.4 Duties of the juvenile court in a parental placement before the adoption petition is filed in circuit court 6.2.5 Duties of the Commissioner in a parental placement adoption when reports of suspected violations of law in the placement and adoption of the child are received 6.2.6 Duties of the circuit court in a parental placement adoption after the adoption petition is filed in circuit court 6.2.7 Duties of the attorney in a parental placement adoption after the adoption petition is filed in circuit court

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

6.2.8 Duties of the Commissioner in a parental placement adoption after the adoption petition is filed in circuit court 6.2.9 Responsibilities of the agency in a parental placement after the adoption petition is filed in circuit court

6.2.9.1 Review the petition 6.2.9.2 Acknowledge the Interlocutory Order 6.2.9.3 Supervision of the placement 6.2.9.4 Make supervisory visits 6.2.9.5 Report of Visitation 6.2.9.6 Prepare the Report of Visitation 6.2.9.7 Distribute copies of the report. 6.2.9.8 Submit a Supplementary Report 6.2.9.9 What should be done following final disposition 6.2.9.10 Acknowledgment and disposition of case material

6.2.10 Adoption recommended by birth parents, physicians, Virginia licensed attorneys, and clergymen 6.3 Close relative adoptions 6.3.1 Close relative placement for a child who has been in the home less than three (3) years 6.3.2 What is needed to file in circuit court 6.3.3 Close relative placement for a child who has been in the home three (3) or more years 6.3.4 Finalizing the adoption 6.3.5 Responsibilities of the agency

6.3.5.1 Set up case records 6.3.5.2 Review the petition 6.3.5.3 Review the Interlocutory Order 6.3.5.4 Complete the investigation if ordered at the discretion of the Circuit Court 6.3.5.5 Submit a Supplementary Report 6.3.5.6 Conduct the supervisory visits 6.3.5.7 Complete the Report of Visitation 6.3.5.8 Distribute copies of the report 6.3.5.9 What should be done following final disposition 6.3.5.10 Acknowledgment 6.3.5.11 Closing the case

6.3.6 Duties of the attorney

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

6.3.7 Duties of the circuit court when the child has resided in the home of the prospective adoptive parents continuously for at least three (3) years 6.3.8 Duties of the Commissioner 6.4 Stepparent adoptions 6.4.1 Case opening

6.4.1.1 Set up a case record

6.4.2 Review the petition and Order of Reference

6.4.2.1 Respond to inquiries made during the investigation 6.4.2.2 Perform the investigation 6.4.2.3 Prepare the Report of Investigation 6.4.2.4 Distribute copies of the report 6.4.2.5 Submit a Supplementary Report 6.4.2.6 What should be done following final disposition 6.4.2.7 Acknowledgment and disposition of case material

6.4.3 Duties of the attorney 6.4.4 Duties of the Commissioner 6.4.5 Duties of the circuit court 6.5 Adult adoptions 6.5.1 Specifics for Adult Adoption 6.5.2 Responsibilities of the agency in adult adoption

6.5.2.1 Set up a case record 6.5.2.2 Review the petition and Order of Reference 6.5.2.3 Make inquiries during the investigation 6.5.2.4 Perform the investigation 6.5.2.5 Prepare the Report of Investigation 6.5.2.6 Distribute copies of the report 6.5.2.7 Submit a Supplementary Report 6.5.2.8 What shall be done following entry of an Interlocutory Order, if the court

in its discretion decides to enter the order 6.5.2.8.1 Conduct supervisory visits

6.5.3 Report of Visitation 6.5.4 Distribute copies of the report 6.5.5 What should be done following final disposition

6.5.5.1 Acknowledgement and disposition of case material 6.5.5.2 Close the case

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

6.5.6 Duties of the attorney in an adult adoption 6.5.7 Duties of the court 6.5.8 Duties of the Commissioner 6.6 Intercountry adoptions 6.6.1 Pre-adoptive requirements 6.6.2 Adoptive home study 6.6.3 Responsibilities of the LDSS in inter-country adoptions

6.6.3.1 Open the case 6.6.3.1.1 Set up a case record

6.6.3.2 Review the petition and Order of Reference 6.6.3.3 Perform the investigation 6.6.3.4 Prepare the Report of Investigation 6.6.3.5 Distribute copies of the report 6.6.3.6 Submit a Supplementary Report 6.6.3.7 What should be done following final disposition 6.6.3.8 Acknowledgement and disposition of case material 6.6.3.9 Close the case

6.6.4 Duties of the attorney 6.6.5 Duties of the Commissioner 6.6.6 Duties of the circuit court

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

6

NON-AGENCY PLACEMENT ADOPTIONS

6.1 Introduction

A non-agency placement occurs when the child is not in the custody of an agency. In a non-agency placement, the birth parents or legal guardian(s) consent to the adoption, and parental rights are terminated by entry of the Final Order of Adoption. Depending on the type of non-agency placement, the local agency may have identified responsibilities to assist in the completion of the adoption.

6.2 Parental placement adoptions

Parental placements for the purpose of adoption are governed by the provisions in Chapter 12 of the Code of Virginia, ?? 63.2-1230 through 63.2-1240

When an LCPA or an LDSS is requested to and accepts custody of a child for the purpose of placing the child with adoptive parent(s)s recommended by the birth parents or a person other than a licensed child-placing agency or LDSS, the birth parents select either the parental placement adoption provisions or the agency adoption provisions (See section 3.4) for the adoption of their child.

An agency or local board shall provide information to the birth parent(s) regarding the parental placement adoption and agency adoption provisions and shall provide the birth parent the opportunity to be represented by independent legal counsel as well as counseling with a social worker. No person shall charge, pay, give, or agree to give or accept any money, property, services, or other thing of value in connection with such adoption except as provided in ? 63.2-1218.

In a parental placement, the agency completes a Home Study Report and a petition is filed in the juvenile and domestic relations court for execution of consent and awarding of custody to the prospective adoptive parents. The juvenile and domestic relations court reviews the Home Study Report and collateral material to determine whether the

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

Virginia Department of Social Services

Child and Family Services Manual

July 2013

F. Adoption

requirements of law have been met, accepts parental consent, and transfers custody to the adoptive parents. An adoption petition may then be filed in circuit court.

6.2.1 Timeline for parental placement adoption

The overall steps in a parental placement adoption are as follows:

? The agency receives a request for a home study.

? A home study is completed.

? A report of the home study is submitted to the juvenile and domestic relations district court.

? A petition is filed for execution of consents in juvenile and domestic relations district court.

? The court accepts consent and awards custody to the prospective adoptive parents.

? A petition for adoption is filed in the circuit court.

? The circuit court enters an Interlocutory Order of Adoption if everything has been done in compliance with law.

? The agency conducts supervision of the placement in accordance to Virginia Code and guidance and submits a Report of Visitation to the circuit court.

? After a six-month supervisory period, the circuit court enters a Final Order of Adoption.

6.2.2 Responsibilities of the agency in a parental placement adoption before the adoption petition is filed in circuit court

In a parental placement, in order for the juvenile and domestic relations court to make the required determinations before accepting consent, the agency shall perform the tasks in the following sections.

6.2.2.1 Open the case

In most parental placements, the agency will be asked to complete a home study before the petition to execute consent is filed in the juvenile and domestic relations court. The request will come from either the birth parent or adoptive parent. In some cases, the agency will receive an Order for a Home Study directly from the court. When the request for services comes from either the birth parent or the prospective adoptive parents, a Service Application is

VDSS Division of Family Services

6 Non-Agency Placement Adoptions

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