handouts for the webinar adoption: clearing the path to

June 14, 2011 Webinar 1 Jordan Institute for Families, UNC‐CH School of Social Work

Handouts for the Webinar

Adoption: Clearing the Path to Permanency

June 14, 2011

Presenters: Jane Thompson, Assistant Attorney General

NC Administrative Office of the Courts

Tammy Johnson, Adoption Services Manager Adoption Review/NC Kids/CI Services,

NC Division of Social Services

Produced by Family and Children’s Resource Program, part of the

Jordan Institute for Families UNC‐Chapel Hill School of Social Work

Sponsored by NC Division of Social Services

Contents Overview of Adoption Law in North Carolina ............................................................................... 2

Agency Adoption Checklist ........................................................................................................... 5

Sample 10‐Day Notice Letter ....................................................................................................... 6

Relinquishment of Minor (DSS‐1804) .......................................................................................... 7

Indian Child Welfare Act Compliance checklist (DSS‐5291) ...................................................... 11

ADMIN LETTER 6‐1‐11 ............................................................................................................... 13

Consent to Explore American Indian Heritage (DSS 5335) ........................................................ 15

Fostering Connections/Tribal Relative Search (DSS‐5336) ........................................................ 20

Additional Information .............................................................................................................. 24

Helpful Resources ...................................................................................................................... 24

Webinar Slides ............................................................................................................................ 25


OVERVIEW OF ADOPTION LAW IN NORTH CAROLINA

JURISDICTION AND VENUE • NC has jurisdiction if, when the petition is filed, (1) the adoptive parents have resided or been

domiciled in North Carolina for at least six consecutive months, (2) the adoptee has resided here for six months or since birth, or (3) the child is in the custody of a county DSS or licensed child placing agency. 48‐2‐100.

• In stepparent adoptions, the child must also have resided with the parent who has legal and physical custody and the stepparent during the six months preceding the filing of the petition, unless this requirement is waived by the clerk in the adoption proceeding. 48‐4‐101.

• Adoption is a special proceeding before the clerk of superior court. 48‐2‐100. Transfers and appeals from the clerk in an adoption are heard in district court. 48‐2‐601 and ‐607; 1‐301.2; 7A‐246.

• Once jurisdiction is established, venue lies in the county where the adoptive parents reside, the adoptee lives, or the agency that placed the adoptee has an office. 48‐2‐101. The placing agency is the agency clearing the child and consenting to the adoption.

PARTIES AND PROCEDURES • Any adult may adopt another individual, but spouses may not adopt each other. 48‐1‐103 and –104.

- Note: There is no citizenship or legal residence requirement for either the petitioner or adoptee, although immigration status may prevent a finding that an adoption is in the adoptee’s best interest under 48‐2‐603(a).

• An adoption petition is filed within 30 days of the child’s placement for adoption, unless the clerk waives this requirement. 48‐2‐302(a).

- Note: The spouse of the petitioner must join in the petition unless incompetent or his joinder has been waived by the clerk. 48‐2‐301(b). If the petitioner is unmarried, no other person may join in the petition. 48‐2‐301(c).

• Attached to the petition at filing should be the affidavit of parentage executed by one parent, any consents or relinquishments for adoption, any court orders terminating parental rights, a copy of the preplacement assessment, if required, background information documents, if required, and a document explaining how any parent whose consent has not been obtained will be cleared. 48‐2‐305.

- Note: This information can also be submitted at any time prior to the final decree. 48‐2‐306 - Note: Preplacement assessments are not required in independent relative placements if the

parent is placing the child directly with a grandparent, sibling, first cousin, aunt, uncle, great‐aunt, great‐uncle, or great‐grandparent of the child. 48‐3‐301(b). Neither a preplacement assessment nor background information documents are required in stepparent adoptions. 48‐3‐100.

- Note: Any adoption that crosses state lines must also comply with the Interstate Compact on the Placement of Children (ICPC). 7B‐3800. ICPC does not apply in some relative adoptions. In other relative adoptions, it does apply and a preplacement assessment will be needed even though it would not be needed if all parties resided in NC. Article VIII.

• Notice of the filing of the petition pursuant to Rule 4 of the Rules of Civil Procedure must be given within 30 days to (1) any parent whose rights have not been terminated and who has not consented,


(2) any person who may have custody or visitation/communication rights to the child pursuant to a court order, (3) a spouse for whom a motion to waive joinder has been filed, unless such notice is waived by the clerk, and (4) a child 12 or older whose consent was waived. 48‐2‐401

- Note: Special notice requirements apply in adult adoptions. 48‐2‐401(d). - Note: Persons entitled to this notice may waive its receipt in writing. 48‐2‐406. Persons

receiving notice whose consent to the adoption is not required may only be heard on whether the adoption is in the best interest of the adoptee. 48‐2‐405.

• If a parent who is given notice of the filing of the petition does not respond in 30 days, 40 days if by publication (only possible in non‐agency adoptions), the clerk may enter an order finding that his or her consent is not necessary under 48‐2‐207 and 48‐3‐603(a)(7) and the adoption can proceed without it. The final decree terminates the parent’s rights. 48‐1‐106.

- Note: An affidavit of diligent efforts to find the parent served by publication must be provided along with proof of service. Rule 4(j1) and (j2).

- Note: If a father responds to this notice, his consent may still not be necessary unless prior to the filing of the adoption petition, he (1) was married to the mother and the child was born during the marriage or within 280 days after a divorce or separation agreement or order, (2) had legitimated the child, (3) acknowledged his paternity of the child AND was obligated for support under written agreement or court order or provided, in accordance with his financial means, reasonable and consistent support payments during or after the pregnancy, or for the child, or both AND regularly visited or communicated with the mother or minor or attempted to do so, or (4) received the child into his home and openly held him out as his biological child. 48‐3‐601(2)b.

• After the filing of the petition, the clerk orders a post‐placement report to the court from the appropriate agency, which report is to be completed within 60 days, although an extension may be obtained. 48‐2‐501 through –504.

- Note: If the petitioner moves to another state before completion of a post‐placement report, a post‐placement report must be obtained from an authorized agency in the new state through the ICPC. 7B‐3800; 48‐1‐109(c). Preplacement assessments and reports to court are also done by out of state agencies for non‐NC petitioners, but meet NC requirements.

- Note: A post‐placement report may be waived in stepparent and grandparent adoptions when the minor has lived with the petitioners for at least two consecutive years immediately prior to the filing of the petition. 48‐2‐501(d).

• When the post‐placement report is received, all birth parents have been cleared, all notices have been given, and the affidavit of fees and expenses (48‐2‐602) has been submitted, the clerk can enter the final decree. 48‐2‐603 and –606.

- Note: The adoption decree can be entered 90 days after the filing of the petition, but the clerk may shorten that period. The adoption should be finalized no later than 6 months after the filing, but the clerk can also extend that time to receive further information on the adoption. 48‐2‐601.

- Note: When spouses have jointly petitioned and one spouse dies before the final decree, the adoption may still proceed in the names of both petitioners, the name of the deceased spouse goes on the birth certificate, and the child is treated as his child for all inheritance purposes. 48‐2‐204.


- Note: The clerk may dismiss the petition under 48‐2‐604 with at least 5 days notice of a hearing. A dismissal by the clerk or an involuntary dismissal by the petitioners will void the underlying consents in a private adoption, and custody will revert to the placing parent. A voluntary dismissal by the petitioners does not change consents or custody of the child, and petitioners may refile at a later time.

• There are no mandated court hearings in an uncontested adoption except in an adult adoption when the adoptive parents and adult adoptee, or their attorney, must appear before the clerk prior to entry of the final decree. 48‐2‐601(a) and ‐605.

• The clerk keeps the original of the petition and final decree and sends the file to the Division of Social Services in Raleigh to be indexed and permanently stored. A Report to Vital Records is also sent which creates a new birth certificate for the adoptee showing only the adoptive parents’ names, except by request in stepparent adoptions. 48‐9‐107.The original birth certificate and adoption file are sealed and can only be opened with an appropriate court order. 48‐9‐105.

Jane Thompson, NC Assistant Attorney General, [email protected], 336‐761‐2050, May 2011


AGENCY ADOPTIONS CHECKLIST

Petition for Adoption (DSS‐1800)

Spouse must join in or waiver by clerk; If unmarried no other person may join in petition Date of Petition: _________________

Child’s DOB: _________________

Placement Date: _________________

Report on Proposed Adoption (DSS‐1808) Date Report Signed by Clerk: _____________ Agency Completing: _________________

Affidavit of Parentage (DSS‐1809) Must be signed by anyone with knowledge if parents not available. Required unless BOTH parents’ rights are terminated by the court.

Agency’s Consent to Adoption (DSS‐1801) Date Signed: _______________ Agency Signing the Consent: _____________________

Any relinquishments (DSS‐1804) Use date signed by each Mom: _____________ Dad: _________________

Certified copy of TPR Use date file stamped for each Mom: _____________ Dad: _________________ Be sure to check for clearance if there is a legal dad as well as biological dad

Consent of Minor Child (DSS‐1803) if 12 or over before the decree is issued unless waived Date signed: ____________

Certified copy of background information on birth parents (DSS‐5102 and 5103) or affidavit stating why not available. Need a separate one for each birth parent.

Copy of pre‐placement assessment. Must be within 18 months of placement or updated Date?______________

Affidavit of Fees (DSS‐5191) Must be filed at least 10 days before issuance of the decree

Final Decree of Adoption (DSS‐1814) Use date file stamped ___________________

Report to Vital Records (DSS‐1815) Be sure that state where child is born is “authorized” on page one; be sure that adoptive mother’s maiden name is on page 2.

CORRECTIONS NEEDED:


SAMPLE 10-DAY NOTICE LETTER

COUNTY of Anywhere ⎯⎯⎯♦⎯⎯⎯

Department of Social Services

June 4, 2010

Carrie Marie Smith 100 Anywhere Street Anywhere, NC 28303

Dear Ms. Smith:

This letter is to provide you with updated information regarding the Relinquishment that you completed on your daughter, JoAnn Smith on [DATE].

You completed the relinquishment documents designating that James and Wanda Jones be able to adopt your daughter. We regret to inform you that Anywhere County Department of Social Services has decided that Mr. and Mrs. Jones will not be considered as potential adoptive parents for your daughter, instead the department has selected David and Lisa Post as potential adoptive parents for your daughter.

Attached to this letter is a copy of the relinquishment that was completed by you. Please review page 2, number 13 the section that you marked with an X. From the receipt date of this letter, you have ten calendar days (unless the last day falls on a weekend or holiday and then you have till 5:00 P.M. the next business day) to provide this agency written notice indicating your desire to revoke your relinquishment. If you choose not to revoke your relinquishment then it becomes a general relinquishment. This means the agency has the authority to find an alternative placement for your daughter. Forms to revoke your Relinquishment are included with this letter.

Again, if this agency does not receive written notice from you within ten days of the receipt of this letter, your relinquishment will be converted to a general relinquishment and the agency will proceed with placing your daughter for the purpose of adoption.

Sincerely,

[NAME] [NAME] Social Worker III Social Worker Supervisor [SW PHONE] [SUPERVISOR PHONE]

STATE OF NORTH CAROLINA

____________________COUNTY

RELINQUISHMENT OF MINOR FOR ADOPTION BY PARENT OR GUARDIAN

I, _______________________________________________________________________, being duly sworn, declare:

1. That I was born on the ________ day of ____________________, ________, and have a permanent address at

_______________________________________________________________________________________________;

2. That I am of sound mind and in full possession of my mental faculties;

3. That I am the _________________________ of _________________________________________________, (Mother) (Father) (Guardian) (Original Name of Child)

a _____ child, born on the_________day of ___________________, ________, [or expected to be born approximately (Sex)

________________________________ ] in ___________________________________________________________. (City or Town) (County) (State)

4. That I hereby relinquish all rights to said child and surrender said child to____________________________,[Director of Social Services in _____________________County] or [Director of ______________________________,a licensed child-placing agency], whose address is _____________________________________________________;such release being a voluntary act on my part and without any demand on the part of the director of [social services][licensed child-placing agency];

5. That I voluntarily consent to the permanent transfer of legal and physical custody of said child to the agency forthe purposes of adoption:

� with a prospective adoptive parent selected by the agency; or

� with a prospective adoptive parent selected by the agency and agreed upon by me, designated as:______________________________________________________________________

6. That this Relinquishment shall be valid and binding and shall not be affected by any oral or separate writtenagreement between the agency and me;

7. That I understand that when the adoption is final, all of my rights and duties with respect to the minor will beextinguished and all other aspects of my legal relationship with the minor child will be terminated;

8. That I have not received or been promised any money or anything of value for the relinquishment of the minorexcept for lawful payments that are itemized on a schedule attached to this Relinquishment;

9. That I hereby waive notice of any proceeding for adoption;

10. That I have provided the agency with necessary background information or have signed releases that willpermit the agency to compile the information required by G.S. 48-3-205;

11. That I have received or been offered an unsigned copy of this Relinquishment, been advised that counselingservices are available through the agency to which the Relinquishment is given, and have been advised of the right toemploy independent legal counsel;

DSS-1804 (Rev. 1/2003)Children’s ServicesPage 1 of 4

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12. � That I understand that my Relinquishment to Adoption of the minor may be revoked within 7 daysfollowing the day on which it is executed, inclusive of weekends and holidays. If the final day of the period falls on aweekend or a North Carolina federal holiday, then the revocation period extends to the next business day.

� That I understand that this is my:

� second Relinquishment for placement with the same adoptive parentselected by the agency and agreed upon by me and is thereby irrevocable; or

� second Relinquishment for placement by the agency with any adoptiveparent selected by the agency and is thereby irrevocable.

13. That I further understand that if my Relinquishment is for the placement of my child with a prospectiveadoptive parent selected by the agency and agreed upon by me and the adoption of my child by that prospectiveadoptive parent is not completed, I agree that pursuant to G.S. 48-3-704:

� That I will receive notice by the agency at my address listed above that the adoptionwill not be completed and I understand that my revocation period will be 10 days; or

� That I do not wish to receive notice by the agency that the adoption will not be completed` and in the event of such an uncompleted adoption, I hereby consent to the adoption of my

child with any prospective adoptive parent selected by the agency.

14. That I understand that to revoke my Relinquishment for Adoption, as provided in G.S. 48-3-706, the revocationmust be made by giving written notice to the agency to which the Relinquishment was given. Notice may be given bypersonal delivery, overnight delivery service, or registered or certified mail, return receipt requested. If notice is givenby mail, notice is deemed complete when it is deposited in the United States mail, postage prepaid, addressed to theagency at the agency’s address as given in the Relinquishment. If notice is given by overnight delivery service, notice isdeemed complete on the date it is deposited with the service as shown by the receipt from the service, with deliverycharges paid by the sender, addressed to the agency at the agency’s address as given in the Relinquishment. Forms torevoke my Relinquishment may be obtained from the Clerk of Superior Court in any county in North Carolina.

15 That I understand unless revoked in accordance with G.S. 48-3-706 or #13 above, my Relinquishment is finaland irrevocable except under the circumstances set forth in G.S. 48-3-707.

____________________________________________________ Signature of [Mother] [Father] [Guardian]

____________________________________________________Address

DSS-1804 (Rev. 1/2003)Children’s ServicesPage 2 of 4

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____________________COUNTY

I, _______________________________________________________________________________, do hereby certify(Name of official)

that ____________________________________________________________ personally appeared before me this day Name of [Mother] [Father] [Guardian]

and acknowledged the due execution of the foregoing document and that this document has been sworn to (or affirmed)and subscribed before me. I further certify to the best of my knowledge and belief that the parent or guardian executingthe Relinquishment: read, or had read to him or her, and understood the Relinquishment; signed the Relinquishmentvoluntarily; received or was offered a copy of the Relinquishment; and was advised that counseling services areavailable through agency to whom Relinquishment is given.

I certify that I, the undersigned, am a Notary Public or one otherwise empowered to administer oaths or takeacknowledgments.

Witness my hand and seal this the _____________ day of _____________________________________, __________,

at _____________________________________________________________________________________________(Place of Relinquishment)

Signature _____________________________________(S E A L)

Title _____________________________________

My commission expires _____________________________

NOTE:Three DSS-1804 forms are signed. The original of this form is attached to the Consent to Adoption by Agency (DSS-1801) and sent with the Petition for Adoption to the Division of Social Services, State Department of Health and HumanServices, by the Clerk of Superior Court. One copy of Form DSS-1804 is retained in the record of the countydepartment of social services or licensed private child-placing agency. One copy is given to the parent or guardianrelinquishing the child.

DSS-1804 (Rev. 1/2003)Children’s Services

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____________________COUNTY

ACCEPTANCE OF RELINQUISHMENT OF MINOR FOR ADOPTION

BY PARENT OR GUARDIAN

WHEREAS, it appears to the undersigned, upon diligent inquiry and investigation:

That the child, ___________________________________________________, was born on the ____________ day of

__________________________, __________, [or expected to be born approximately __________________________]

to ____________________________________________ and _____________________________________________(Full name of mother) (Full name of father)

in _____________________County, State of ________________________; that the [mother] [father] [guardian] has

a permanent address at ____________________________________________________________________________.

WHEREAS, a Relinquishment for Adoption of the child to the undersigned was executed on the ___________ day of

________________________, __________, at _________________________________________________________.

NOW, THEREFORE, the undersigned hereby accepts the Relinquishment of Minor for Adoption by the:� Mother � Father � Guardian of said child.

This the ____________ day of __________________________________, ____________.

_________________________________________________ of _____________________________________ County Director of Social Services or Authorized Representative

_________________________________________________ by ___________________________________________ Licensed child-placing agency Title

_______________________________________________________________________________________________Address

Note:G.S. 48-3-702 requires an agency that accepts a Relinquishment to furnish each parent or guardian who signs aRelinquishment a letter or other writing indicating the agency’s willingness to accept the Relinquishment. ThisAcceptance form fulfills this requirement. In the event this form cannot be signed and provided to the parent orguardian at the time the Relinquishment is signed, another writing to the same effect must be signed andprovided.

DSS-1804 (Rev. 1/2003)Children's Services

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of 2 DSS-5291 (Rev. 04/2008) Family Support and Child Welfare Services

Indian Child Welfare Act Compliance Checklist

NO YES N/ADate

CompletedPerson Contacted

or other notes DETERMINATION OF INDIAN ANCESTRY

1. Inquiry about Indian ancestry (a) Have both parents been identified? (b) Have attempts to locate absent/missing parent begun? (c) Have both parents or guardian and child, if age appropriate, been

asked if child is American Indian or have American Indian ancestors? (d) Have both parents been asked if they are members of a federally

recognized tribe?(e) Are child and parents’ race and ethnicity documented in case record? (f) If suspected of having Indian heritage, is child being treated as ICWA

case until ruled out? (g) Has Notice of Inquiry Under the Indian Child Welfare Act been sent to

the Tribe(s)? 2. Identification of Indian Child

(a) Is child a member of a federally recognized tribe? (b) Has documentation of membership been received from tribe? (c) If not a Tribal member, is child the child of a member and eligible for

membership?(d) Has documentation of eligibility for membership been received from

tribe?(e) Is child eligible for membership in more than one tribe?

3. Identification of Tribal membership is NOT established (a) Have all possible Tribes and Bureau of Indian Affairs been contacted? (b) Have all steps been taken to established Indian ancestry and eligibility

for tribal membership been documented in case file? TRIBAL NOTIFICATION

1. Has Notice Required By The Indian Child Welfare Act (25 USC 1912) been sent by registered mail?

2. Has return receipt of delivery of Notice Required By The Indian Child Welfare Act (25 USC 1912) been requested?

3. Is there documentation of Tribal contact, address and phone numbers for notification of court proceedings and scheduled reviews?

4. Has contact been made with the Tribe to determine if child resides on the reservation or is a ward of the tribal court?

TRANSFER OF JURISDICTION 1. Does the tribal court have exclusive jurisdiction over the case because the

child resides on the reservation or is a ward of the tribal court? 2. Has the tribe or Indian custodian or parent petitioned for a transfer of

jurisdiction? 3. Was this transfer request granted? 4. If yes, is there documentation of transfer of case to tribal court? 5. Is a copy of transfer of Jurisdiction Order in case file? 6. Is there documentation of Tribe decision to maintain exclusive or transfer

jurisdiction, but allow child to remain in DSS placement? TRIBAL INTERVENTION

1. Does the Tribe want to be involved in case? 2. Is there documentation of extent of Tribal desired involvement?

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of 2 DSS-5291 (Rev. 04/2008) Family Support and Child Welfare Services

NO YES N/ADate

CompletedPerson Contacted

or other notes EFFORTS TO PREVENT THE BREAKUP OF INDIAN FAMILY

1. Is there participation of Tribal representative at the early point in case planning?

(a) Does the child’s service plan reflect active efforts to reunify the Indian family?

(b) Is Tribe given access to any reports or documents filed with the court upon which the court’s decision may be based?

2. Has tribal representative with knowledge of prevailing social and cultural standards within tribal community been located?

(a) Has the family’s circumstance been assessed? (b) Has a case plan been developed with parent/guardian that utilizes tribal

and Indian community resources? 3. If needed, has financial assistance, food stamps, housing, etc., been

provided?4. Has extended family members been contacted as a resource for the child? 5. Has a visitation plan to keep child in close contact with parents, siblings, and

other relatives been developed, if child is in an out of home placement? PLACEMENT PREFERENCES

1. Has the Tribe been contacted to determine if it has established an order of placement preference by resolution?

2. Have the Tribe and parent/guardian been notified prior to any change in child’s placement?

3. Does the placement meet the placement preference requirement of ICWA as specified by child’s Tribe?

4. Is the foster care or pre-adoptive placement in reasonable proximity to child’s home and the least restrictive setting with most appropriate family?

5. For foster or pre-adoptive placement (a) Is the placement with a member of child’s extended family? (b) Is the foster home licensed and approved by Indian child’s tribe? (c) Is the Indian foster home licensed and approved by non Indian

licensing authority? (d) Is the children’s institution approved by the Tribe or operated by an Indian organization which has a program suitable to meet the child’s needs? (e) Did the trial court for good cause allow a different placement for the child?

6. For adoptive placement (a) Is the placement with a member of child’s extended family? (b) Is placement with other members or the child’s Tribe? (c) Is placement with another Indian family of similar Indian

heritage?(d) Is placement with another Indian family?

(e) Did the trial court for good cause allow a different adoptive placement for this child?

7. Was Tribe contacted and utilized to assist in identification of a tribally approved out of home placement for the child?

8. Were efforts made to place the Indian child in an Indian home? 9. If an Indian child was placed in a non-Indian home, did the court modify the

order of ICWA placement preference showing good cause? 10. Does documentation exist showing each placement and the efforts to comply

with the mandates of ICWA placement preference?

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DSS ADMINISTRATIVE LETTER CHILD WELFARE SERVICES CWS-AL-03-11 TO: COUNTY DIRECTORS OF SOCIAL SERVICES ATTENTION: CHILDREN’S SERVICES PROGRAM ADMINISTRATORS, MANAGERS AND

SUPERVISORS, CHILDREN’S SERVICES SOCIAL WORKERS DATE: June 1, 2011

SUBJECT: CONSENT TO EXPLORE AMERICAN INDIAN HERITAGE (DSS-5335) AND FOSTERING CONNECTIONS/TRIBAL RELATIVE SEARCH (DSS-5336)

EFFECTIVE DATE: June 15, 2011

I. INTENT

The purpose of this letter is to introduce two new forms, which are the product of legislation and collaboration between county departments of social services (DSS) and community stakeholders. The forms are the Consent to Explore American Indian Heritage (DSS-5335) and the Fostering Connections | Tribal Relative Search (DSS-5336). They will be used for assisting county DSS agencies in identifying children with American Indian heritage and serve as a tool for building a relationship with the tribe.

II. BACKGROUND

North Carolina is home to eight American Indian tribes, which are all recognized by our state including the Eastern Band of Cherokee; a federally recognized tribe. Although the federal Indian Child Welfare Act (ICWA) does not apply to all children and families from state recognized tribes, current state law and policy encourages partnership between child welfare agencies and state-recognized tribes.

G.S. §143B-139.5A, entitled: An Act to Require Collaboration Between the Division of Social Services, the Commission on Indian Affairs, and the NC Directors of Social Services Association on Indian Child Welfare Issues, states that these agencies should collaborate to develop a process to assist in identifying Indian children. In developing this process representative from the NC Indian Child Welfare Task Force, a standing committee of the Commission on Indian Affairs collaborated and agreed upon the creation of DSS-5335 and DSS-5336 to assist in identifying Indian children. These forms should assist county DSS agencies to identify Indian children early in a case and begin building a relationship with the tribe.

III. INSTRUCTIONS

For all cases “Substantiated” or found to be “In Need of Services” the CPS Assessment worker shall inquire about a parent/caretaker’s Indian ancestry. The DSS-5335 and the DSS-5336 require social workers to ask questions about state, as well as federal tribal ancestry. The DSS-5335 will be filled out with a parent/caretaker who has indicated that he/she has heritage in an Indian tribe. The DSS-5336 will be used when the parent/caretaker is either absent or unwilling to cooperate with the agency and the agency has collateral information that the child(ren) may have heritage in an Indian tribe.

http://info.dhhs.state.nc.us/olm/forms/dss/dss-5335.pdf


http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_143b/gs_143b-139.5a.html







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IMPORTANT: One of these two forms is to be used in every Substantiated case or case found to be In Need of Services where DSS has received information (either directly from a parent/caretaker/relative or from a collateral source, such as a teacher, doctor, or therapist) that the child(ren) may have American Indian ancestry, whether in a federally or state recognized tribe.

A separate form should be used with each parent/caretaker in the case. However, the form can include multiple children’s names. Please review the, DSS-5335 and DSS-5336; and if you have questions please contact your CPR or Emily Jackson at 919-334-1094 or at [email protected].

Sincerely,

Kevin Kelley, Interim Chief Child Welfare Services

Attachments: DSS-5335

DSS-5336

cc: Sherry S. Bradsher Jack Rogers Kathy Sommese Child Welfare Services Team Leaders Children’s Services Program Representatives Local Business Liaisons



mailto:[email protected]



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Consent to Explore American Indian Heritage (DSS 5335) Instructions

North Carolina General Statute § 143B-139.5A was enacted to support collaboration between the following North Carolina agencies: the Division of Social Services, the NC Association of County Directors of Social Services and the Commission of Indian Affairs. If a county department of social services (DSS) finds that the child(ren) has/have tribal heritage, the social worker should make active efforts throughout the life of the case to create and maintain a relationship with the tribe. Placement decision-making authority remains with the county department and the court system. This relationship building should include but not be limited to notifying the tribe when the following critical points occur in a case:

Within 7 days of case decision, only for Substantiated or cases found to be In Need of Services.

If possible, before the child is removed from his/her parents physical custody If the child must change placements Before a termination petition is filed

Section A

1. This form will only be used when the case decision is Substantiated or In Need of

Services. 2. This form should be used with biological parents as well as other legal guardians.

Complete a separate form for each legal parent or guardian.

3. If the parent believes their child may have heritage in an Indian tribe, make a copy of Section A and attach it to Section B before sending to the tribe.

Section B

1. The social worker should fill out Part 1. The tribe should fill out Part 2.

2. If (1) is checked inform the family of the tribe’s response and file the form.

3. If (2) is checked inform the family that the tribe is still researching potential

membership. Contact the tribe within 15 days.

4. If (3b) is checked and the tribe provides a representative name, the social worker should contact the tribal representative within 5 working days.

5. If (3c) is checked the social worker should attempt to contact all individuals listed

within 10 working days to inquire about their desired level of involvement. Exception: potential placements should be explored immediately.

DSS-5335 June 1, 2011 Child Welfare Services

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Consent to Explore American Indian Heritage Section A [County Name] Department of Social Services [Office Address, phone, fax] Case name and number:__________________________________________ Social worker’s name and phone:___________________________________ Name(s) of Child(ren) D.O.B. Place of Birth _____________________ ______________ ____________________ _____________ _______ _____________ ____________________ _____________________ ______________ ____________________ North Carolina G.S. §143B-139.5A was enacted to support collaboration between the following North Carolina agencies; the Division of Social Services, the NC Association of County Directors of Social Services and the Commission of Indian Affairs. The above listed child(ren) has/have come to the attention of [County] Department of Social Services (DSS). DSS is interested in gathering information for the purpose of creating a unique case plan for you and your child(ren). We are requesting information about your family’s potential tribal heritage. To determine if your child(ren) may have American Indian heritage, please mark each box below that applies:

□ I am a member of a tribe or I have American Indian heritage. Name of tribe(s):___________________________________________

Name of band (if applicable): ___________________________________

□ My parents, grandparents, or great grandparents are or were members of tribe. Name of tribe(s):___________________________________________

Name of band (if applicable): ___________________________________

□ My child(ren)’s home is in a predominantly Indian community.

□ My child(ren) or my family has/have received services or benefits from a tribe or services that are available to Indians from tribes or the federal government, such as the Indian Health Service or Tribal Temporary Assistance to Needy Families (TANF).

□ My child(ren) may have American Indian ancestry.

□ Other reason(s) I believe my child(ren) may have Indian

heritage:______________ Parent, by initialing or marking below I agree for DSS to share the following information from my child(ren)’s case record with the tribe: _____Names and identifying information, including family history and composition


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_____Special needs of the child(ren) and family (cultural, physical, emotional, psychological) _____Legal issues (i.e.: court involvement, legal status of the case) _____Family history as it pertains to finding family members Tribal participation in the case may vary depending on the local resources. However, the tribe may be able to assist your family by locating Indian foster and/or adoptive homes, locating visiting resources and/or other supportive connections, and advocating for the child(ren) in court and other important meetings. Please sign below to indicate that, if eligible for tribal membership, you consent for DSS to invite the tribe to all family meetings, court hearings, and any other proceedings involving your child(ren). I understand that if I am a member of a federally recognized tribe and my child is in foster care [county] DSS is required to disclose information without written consent, according to the Indian Child Welfare Act. _________________________________ Parent’s signature and date _________________________________ Parent’s address/phone/email:


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Section B This document may be used by the tribe to communicate via mail or fax with the local DSS office. You may also choose to initiate contact by calling the social worker directly. The social worker has provided his/her contact information in Part 1 below for you to use in communicating with the agency. Part 1: Social Worker:________________Address:_______________Phone/Fax/Email:___________ Name(s) of Child(ren):____________________________________________________________ Part 2: The above named child(ren) has/have come to the attention of [County] Department of Social Services (DSS) Child Protective Services. DSS has been informed that this child may have American Indian heritage and may be eligible for membership in your tribe. The child(ren)’s family has consented to communication between DSS and your tribe. We hope that this form will be used as a first step in an ongoing relationship between our agency and your tribe. [County] Department of Social Services respectfully asks that you please check one or more of the boxes below and return this form via fax or mail or contact the social worker by phone or email within 15 business days, by [____(date)____]. If the child(ren) is/are eligible, we look forward to working with you in the best interest of the child(ren). □ (1) Based on the information available to us at this time we have determined that

the child(ren) is/are not eligible for membership in the [____________(name of tribe)]. Please stop here and return form to the social worker.

□ (2) We are still in the process of researching potential tribal membership for the

child(ren). Please allow us a maximum of 15 additional days, until [date] to research this family. DSS recommends that if you have circled this option you should call the social worker directly to inform him/her of your continued efforts.

(3) The child(ren) is/are eligible for [__(name of tribe)___] membership; and we would like to provide you with the following information:

□ The tribe has enrolled the child(ren). The enrollment number(s)

is/are:_______________________________________. □ The tribe has assigned/will assign a representative to be an advocate in the

child(ren)’s case. His/Her contact information is_______________ OR this information is forthcoming.

□ The tribe has located the following relatives or individuals, who would like to be

considered for involvement with the child(ren), either for placement, visitation, or


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other types of communication: (use additional sheets if necessary). If you have a potential foster care placement you would like DSS to consider, please call the social worker with this information.

Name/relation: Name/relation: Name/relation: Contact information: Contact information: Contact information:

□ The tribe wishes to be invited to all court proceedings, Child and Family Team

meetings, and any other meetings involving the child(ren). The family has consented to this level of involvement.

□ Please use this space to list any additional services the tribe may provide to the

child(ren) or any additional information the tribe wishes to share with DSS: _____________________________________________________________

□ (4) We have determined that the child(ren) does/do have [tribe] ancestry, but we

are unable to provide any services to the family at this time due to_________________. If this changes someone from the tribe will contact the social worker directly.

□ (5) We are unable to make a determination based on the information provided. If

DSS obtains more information about the child(ren) and/or family please contact us again.

Please fill out the following information before returning this form: Tribe’s name: _________________________________ Contact person: _______________________________ Address: _____________________________________ Phone/fax/email: ______________________________ Preferred method of communication (check one): □ phone □ fax □ mail □ email Additional information: _________________________________________ Signature and date: ________________________________________

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Fostering Connections/Tribal Relative Search (DSS-5336) Instructions North Carolina General Statute § 143B-139.5A was enacted to support collaboration between the following North Carolina agencies; the Division of Social Services, the NC Association of County Directors of Social Services and the Commission of Indian Affairs. While the placement decision making authority remains with the county department and the court system, the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) requires child welfare agencies to make diligent efforts to notify all adult grandparents and other adult relatives of a child within 30 days of the child’s removal from the parent of their options to participate in the care and placement of the child.

Section A

1. This form is only used with cases found to be Substantiated or In Need of Services.

2. This form should be used only when a parent is unwilling or unavailable to give

consent. If the social worker has obtained information regarding a child’s potential Indian heritage from a source other than the child’s parent/legal guardian this form is to be used.

3. Make a copy of Section A and attach it to Section B before sending the materials

to the tribe.

Section B

1. The social worker should fill out Part 1. The tribe should fill out Part 2.

2. If (1) is checked inform the family of the tribe’s response and file the form.

3. If (2) is checked inform the family that the tribe is still researching potential membership. Contact the tribe within 15 days.

4. If (3b) is checked and the tribe provides a representative name, the social worker

should contact the tribal representative within 5 working days.

5. If (3c) is checked the social worker should attempt to contact all individuals listed within 10 working days to inquire about their desired level of involvement. Exception: potential placements should be explored immediately.


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Fostering Connections/Tribal Relative Search Section A [County Name] Department of Social Services [Office Address, phone, fax] Tribe name and contact information:______________________________________________ Social worker’s name and phone:___________________________________ Name(s) of Child(ren) D.O.B. Place of Birth ______________________ ________________ ____________________ ______________________ ________________ ____________________ ______________________ ________________ ____________________ Dear Tribal Representative: The purpose of this letter is to inform you that the above named child(ren) is/are in the legal custody of [County] DSS. It has come to our attention that [child(ren)’s name(s)] may have ancestry within your tribe. North Carolina G.S. § 143B-139.5A was enacted to support collaboration between the following North Carolina agencies; the Division of Social Services, the NC Association of County Directors of Social Services and the Commission of Indian Affairs. While the placement decision making authority remains with the county department and the court system, the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) requires child welfare agencies to make diligent efforts to notify all adult grandparents and other adult relatives of a child within 30 days of the child’s removal from the parent of their options to participate in the care and placement of the child. [County] DSS has received information that the child may have ancestry in your tribe. To ensure compliance with G.S. § 143B-139.5A, DSS respectfully requests your assistance in determining [child(ren)’s] tribal ancestry. DSS also has the following family information to assist you in your search: Parent’s name: _______________________________ D.O.B.:_______________ Parent’s name: _______________________________ D.O.B.:_______________ Grandparent’s name: __________________________ D.O.B.:_______________ Grandparent’s name: __________________________ D.O.B.:_______________ Please complete Part 2 of Section B and return to [County] DSS by [____(date)____]. Our partnership is critical to achieve the best outcomes for the child(ren); however if we do not hear from you by [____(date)____] we must proceed without input from the tribe. Thank you for your time and cooperation. Sincerely, Social Worker’s Name, County DSS office


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Section B This document may be used by the tribe to communicate via mail or fax with the local DSS office. You may also choose to initiate contact by calling the social worker directly. The social worker has provided his/her contact information in Part 1 below for you to use in communicating with the agency. Part 1: Social Worker:________________Address:_______________Phone/Fax/Email:____________ Name(s) of Child(ren):____________________________________________________________ Part 2: The above named child(ren) has/have come to the attention of [County] Department of Social Services (DSS) Child Protective Services. It has come to our attention that [child(ren)’s name(s)] may have ancestry within your tribe. We hope that this form will be used as a first step in an ongoing relationship between our agency and your tribe. [County] Department of Social Services respectfully asks that you please check one or more of the boxes below and return this form via fax or mail or contact the social worker by phone or email within 15 business days, by [____date____]. If eligible, we look forward to working with you in the best interest of this child. □ (1) Based on the information available to us at this time we have determined that

the child(ren) is/are not eligible for membership in the [___(name of tribe)____]. Please stop here and return form to the social worker.

□ (2) We are still in the process of researching potential tribal membership for the

child(ren). Please allow us a maximum of 15 additional days, until [____date____] to research this family. DSS recommends that if you have circled this option you should call the social worker directly to inform him/her of your continued efforts.

(3) The child(ren) is/are eligible for [____(name of tribe)____] membership; and we would like to provide you with the following information:

□ The tribe has enrolled the child(ren). The enrollment number(s)

is/are:_______________________________________. □ The tribe has assigned/will assign a representative to be an advocate in the

child(ren)’s case. His/Her contact information is_______________ OR this information is forthcoming.

□ The tribe has located the following relatives or individuals, who would like to be

considered for involvement with the child(ren), either for placement, visitation, or other types of communication: (use additional sheets if necessary). If you have


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a potential foster care placement that DSS should consider please call the social worker with this information.

Name/relation: Name/relation: Name/relation: Contact information: Contact information: Contact information:

□ The tribe wishes to be invited to all court proceedings, Child and Family Team

meetings, and any other meetings involving the child(ren). □ Please use this space to list any additional services the tribe may provide to the

child(ren) or any additional information the tribe wishes to share with DSS: _____________________________________________________________

□ (4) We have determined that the child(ren) does/do have [tribe] ancestry, but we are

unable to provide any services to the family at this time due to_________________. If this changes someone from the tribe will contact the social worker directly.

□ (5) We are unable to make a determination based on the information provided. If

DSS obtains more information about the child(ren) and/or family please contact us again.

Please fill out the following information before returning this form: Tribe’s name: _________________________________ Contact person: _______________________________ Address: _____________________________________ Phone/fax/email: ______________________________ Preferred method of communication (check one): □ phone □ fax □ mail □ email Additional information:__________________________ Signature and date: ________________________________________ The person signing this form should be the designated DSS tribal contact (i.e.: Tribal Enrollment Officer).

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ADDITIONAL INFORMATION AND HELPFUL RESOURCES

Pre‐Placement Assessments

Separate from assessment done for foster care placement.

Rules are more detailed

Need to re‐do fingerprint clearance and criminal record checks

What’s the placement date?

The placement date in agency adoptions would be after all legal clearances have been obtained.

Includes the 30 days for appeal on termination of parental rights (TPR) and the agency has approved the adoptive family’s pre‐placement assessment and the child’s placement for the purpose of adoption.

Notice of Adoption Proceeding

Mailed by Clerk no later than 5 days after the petition is filed To any agency that has undertaken but not yet completed a PPA and any agency ordered to make a report to the court.

Order for Report (DSS‐1807) mailed or delivered to:

Agency that placed minor, or Agency that prepared PPA, or Another agency identified by the petitioner

HELPFUL RESOURCES • Bureau of Indian Affairs Guidelines for State Courts; Indian Child Custody Proceedings

Federal Register, Monday, November 26, 1979 http://www.nicwa.org/policy/regulations/icwa/ICWA_guidelines.pdf

• Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina by Kella W. Hatcher, Janet Mason, and John Rubin. Rev. 2011 An excellent resource for DSS attorneys. http://www.nccourts.org/Citizens/CPrograms/Improvement/Documents/abuseneglectmanual.pdf.

June 14, 2011 Webinar

Jordan Institute for Families, UNC-CH School of Social Work 25

Clearing the Path Clearing the Path to Permanencyto Permanency

WELCOME!

Please click on the colored link below to download the handout for today:

June 14-11 webinar handout

AAGENDAGENDA

IntroductionsIntroductions

Agency AdoptionsAgency AdoptionsIdentification issuesIdentification issuesIdentification issuesIdentification issues

Relinquishments Relinquishments

Other means of legally clearing childrenOther means of legally clearing children

Q & AQ & A

June 14, 2011 Clearing the Path to PermanencyJune 14, 2011 Clearing the Path to Permanency

Featured presenters today are:

Tammy JohnsonTammy Johnson

Jane Jane ThompsonThompson

Your facilitator is:

Kathy Johnson

Technical support is provided by:

Phillip Armfield

Mellicent Blythe


GGOALOAL OFOF THISTHIS WWEBINAREBINAR

Build knowledge and enhance Build knowledge and enhance practice skills to achieve timely practice skills to achieve timely permanency through agency permanency through agency adoptions.adoptions.

Ultimate GoalSafety, permanence, and well-being

for children and their families


A A SNAPSHOTSNAPSHOT OFOF CCHILDRENHILDRENAWAITINGAWAITING PPERMANENCYERMANENCY ININ NCNC

adopted from foster care …………adopted from foster care …………1,5771,577

In the last State Fiscal Year, the # of children:In the last State Fiscal Year, the # of children:

returned because legal clearances returned because legal clearances not obtained ….…………………….not obtained ….…………………….189 (12%)189 (12%)


WWHATHAT AREARE THETHE CHALLENGESCHALLENGES YOURYOUR AGENCYAGENCYFACESFACES ININ OBTAININGOBTAINING LEGALLEGAL CLEARANCESCLEARANCES FORFOR

CHILDRENCHILDREN WHOSEWHOSE PLANPLAN ISIS ADOPTIONADOPTION??

June 14, 2011 Clearing the Path June 14, 2011 Clearing the Path to Permanencyto Permanency



Clearing Children for Clearing Children for PermanencyPermanencyPermanencyPermanency

This is nothing new!

WWALKALK AWAYAWAY MMESSAGESESSAGES FROMFROM THISTHIS WWEBINAREBINAR: :

Spot the issue up front, then figure out how to deal Spot the issue up front, then figure out how to deal with it early, so clearances can’t be challenged.with it early, so clearances can’t be challenged.

You want to say to yourself,You want to say to yourself,

H I ll


How can I overcome all the potential hurdles and

start moving towards adoption right from the

beginning?

IIDENTIFICATIONDENTIFICATION ISSUESISSUES

First two steps:First two steps:1.1. Figure out everyone you need legal clearance from.Figure out everyone you need legal clearance from.

2.2. Figure out the legal route to clear them.Figure out the legal route to clear them.

Paternity issuesPaternity issues

June 14, 2011 Clearing the Path June 14, 2011 Clearing the Path to Permanencyto Permanency

Agency Adoption Checklist

AAMERICANMERICAN IINDIANNDIAN IIDENTITYDENTITY

“Ask early and ask often”: Don’t wait until the time of adoption to find out that a child is American Indian.ICWA checklist for federallyICWA checklist for federally-recognized tribesTribal notification forms for federally and state-recognized tribes


ICWA ChecklistNew tribal notification forms and DCD letterLink to the 1979 Federal Register: State Courts and ICWA

RRELINQUISHMENTSELINQUISHMENTS OFOF MMINORINOR(DSS(DSS--1804)1804)

General v. designatedGeneral v. designatedGeneral General allows placement by agency allows placement by agency with any adoptive parent with with any adoptive parent with approvedapproved preplacementpreplacement assessmentassessmentapproved approved preplacementpreplacement assessment. assessment.

DesignatedDesignated allows placement only allows placement only with adoptive parents named or with adoptive parents named or identified on relinquishment. identified on relinquishment.


DSS forms

DDESIGNATEDESIGNATED

Have to give birth parent 10 day notice if designee will not Have to give birth parent 10 day notice if designee will not adopt child.adopt child.

Designated relinquishments cannot be used for another Designated relinquishments cannot be used for another adoptive family without this notice.adoptive family without this notice.

If 10 day notice has been given and parent does not revoke, If 10 day notice has been given and parent does not revoke, designateddesignated relinq ishment becomes arelinq ishment becomes a generalgeneral relinq ishmentrelinq ishment

GGENERALENERAL

designated designated relinquishment becomes a relinquishment becomes a generalgeneral relinquishment.relinquishment.

If this happens, If this happens,

Prepare Affidavit explaining search effortsPrepare Affidavit explaining search efforts

Attach copy of 10 day notice and Affidavit to designated Attach copy of 10 day notice and Affidavit to designated relinquishmentrelinquishment


Agency Adoption Checklist



NNOTIFICATIONOTIFICATION OFOF RELINQUISHMENTRELINQUISHMENT

Has to be sent

Sample 10 day notice letter


Has to be sent • Certified mail

Can be sent• To address on relinquishment, if

cannot find parent after diligent search

PPAPERWORKAPERWORK

Complete Complete allall info on relinquishment paperworkinfo on relinquishment paperworkSignedSignedSworn or AffirmedSworn or AffirmedNotarizedNotarizedAccepted by DSSAccepted by DSS


RRELINQUISHMENTELINQUISHMENT PACKETPACKET

4 copies of Relinquishment4 copies of Relinquishment1 unsigned for the parent1 unsigned for the parent3 to be signed for the agency3 to be signed for the agency

DSSDSS--18091809DSSDSS--1809 1809 Affidavit of ParentageAffidavit of ParentageDSSDSS-- 5102 & 5103 5102 & 5103 Medical & Background InfoMedical & Background Info


DSS-1809 DSS- 5102 & 5103

OTHER RULES ABOUTRELINQUISHMENTS

Revocation issuesRevocation issues7 day revocation7 day revocation22ndnd identical relinquishment is irrevocableidentical relinquishment is irrevocable

Mi tMi tMinor parentsMinor parentsRight to counselRight to counsel


OOTHERTHER MEANSMEANS OFOFLEGALLYLEGALLY CLEARINGCLEARING PARENTSPARENTS’ ’ RIGHTSRIGHTS

Death CertificateDeath CertificateDenial of Paternity Denial of Paternity (DSS(DSS--5118)5118)

Legal father cannot sign denial of paternityLegal father cannot sign denial of paternityNeed for Need for TPRTPR on unknown fatheron unknown father

PollPoll


Ideally have designated adoptive placement Ideally have designated adoptive placement If t h t i ’ li d tiIf t h t i ’ li d ti

OOTHERTHER MEANSMEANS OFOFLEGALLYLEGALLY CLEARINGCLEARING PARENTSPARENTS’ ’ RIGHTSRIGHTS ((CONTCONT.).)

Goal: Make as strong as possible so it’s not over-turned

Termination of Parental RightsTermination of Parental Rights

If not, have to give agency’s policy and practice If not, have to give agency’s policy and practice with similar children to the Judgewith similar children to the JudgeCan file adoption petition while appeal is pendingCan file adoption petition while appeal is pendingCan actively recruit for placement for children who Can actively recruit for placement for children who are legal riskare legal risk





IIMPLICATIONSMPLICATIONS FORFOR PPRACTICERACTICE

What is one thing you learned today that will be helpful in your practice?



What questions do you still have about parent identification or legal clearance?

Presenter Contact InformationPresenter Contact Information

Tammy Johnson Tammy Johnson AAdoption Services Manager, doption Services Manager,

Adoption Review/NC Kids/CI Services, Adoption Review/NC Kids/CI Services, NC Division of Social ServicesNC Division of Social Services

919919--334334--11851185

Jane ThompsonJane ThompsonAssistant Attorney GeneralAssistant Attorney General

NC DivisionNC Division of Social Servicesof Social Services336336--761761--20502050

[email protected]@dhhs.nc.gov

[email protected]@dhhs.nc.gov

NC Division of Social Services: Follow‐up to June 14, 2011 Webinar 1

Questions and Answers from Clearing the Path to Permanency Webinar delivered June 14, 2011

Follow‐up document date: June 21, 2011 Presented by

Tammy Johnson Adoption Services Manager, NC Division of Social Services

Jane Thompson

Assistant Attorney General

Produced by Family and Children’s Resource Program, part of the Jordan Institute for Families

School of Social Work, University of North Carolina at Chapel Hill

Sponsored by North Carolina Division of Social Services

Be sure to consult the handouts for this webinar: https://www.ncswlearn.org/ncsts/webinar/handouts/15_Webinar_6‐14‐11_Handouts.pdf

Identification of Parents

1. Would a father identified on an affidavit of paternity be considered a “named father”? Yes.

2. How do we handle a parent who is incarcerated and hasn’t been active in the child’s life but won’t sign a relinquishment? For incarcerated parents, you want to consider the larger picture ‐ what was the crime? What is the parent’s history? What was his involvement in the child's life before being incarcerated? How long will he be in prison? You can’t assume parental rights should be terminated, but also want to consider a case for termination if it is appropriate and seems in the best interest of the child. It is often important to have a conversation with the incarcerated parent about his or her history, the impact on the child of remaining indefinitely in foster care, and the possibility of maintaining family connections after adoption. Grounds for termination of parental rights are found in G.S. 7B‐1111. Several of those grounds may apply to an incarcerated parent, depending on the facts of the case.

3. Does signing the birth certificate make you the legal father if parents are unmarried? No. A legal father is a man who was married to the mother when the child was born during the marriage or within 280 days after the marriage is terminated or the parties have separated by written agreement or court order.

4. How do you locate marriage and/or divorce decrees from out of state? All marriage/divorce orders are retained in every state at the State Vital Records.


5. Is a child support order of paternity going to be sufficient to rule out a legal father? A judicial determination that the husband is not the father or another man is the father of a child would rule out the need for the legal father/husband’s consent under G.S. 48‐3‐603(a)(2).

6. We have an affidavit of paternity for one child saying that the man who is now deceased is the father. There was no paternity testing and no marriage to mom. Do we need to file on an unknown father also? Best practice would be to file TPR on an unknown father as well.

7. Parents are married. Paternity testing shows the husband is not the biological father. Wife does not know who the biological father is. Do we also need to do an unknown father? Paternity testing alone does not rule out the father. It must be followed up with a judicial order.

8. Prior to adjudication and relinquishments from the mother, can we publish on unknown fathers? If DSS has juvenile court custody of the child, DSS can file a TPR petition on an unknown father, once the plan for the child becomes adoption. You do not need to publish on an unknown father in order to adjudicate the child’s status as abused, neglected or dependent. Service on the mother is sufficient to go forward with an adjudication if you have an unknown father.

9. The adoption social worker receives a case where the parent is married but then it's stated that she's divorced and we don't have the divorce decree. How should we handle this? Contact the state Vital Records Office to request a copy of the divorce decree. Here is the website for NC: http://vitalrecords.nc.gov/vitalrecords/

10. What happens when the newspaper publication has run and no potential father came forward, and then the mother names a potential father? You need to make diligent efforts to contact and legally clear that father.

11. What if a father signs an affidavit of parentage and then later a paternity test rules him out? Again, you need a judicial order to follow up the paternity test to clear him.

12. Where on the DSS-1808 would you list the putative father? The putative father is listed under “birth father” information on page 4. You can include additional pages if more than one person is the possible father.

13. Does NC have a check list for workers that can be used to show diligent efforts to locate parents? Yes, see attached checklist.

Relinquishment

14. Please clarify the statement that the SW cannot complete the relinquishment. Does the DSS Director have to sign it? The DSS director or his/her designee must sign the acceptance page of the relinquishment at the time the relinquishment is executed or give the parent a letter stating that DSS will accept the


relinquishment. 48‐3‐702(c). The SW should go over the relinquishment with the parent to make sure all the information is correct and understood before the parent signs it.

15. Does the birth parent's attorney have to be present during the signing of the relinquishment? If the child is already in DSS custody, and the parent has juvenile court counsel, the parent should be told she an consult with her attorney about the relinquishment, and the attorney does need to know that the parent is signing the relinquishment, even if she chooses not to consult him.

16. During the completion of the relinquishment if a mistake is made can we mark it out and initial? No, you must submit an amendment. On the DSS‐1808 or agency consent you can line through and initial changes, but the relinquishment has to be amended.

17. What is the process of relinquishing for a parent who has a guardian of person? It is from G.S. 48‐3‐602 which states that the court shall appoint a Guardian Ad Litem.

18. When are people having the most success getting parents to fill out the DSS-5102 and 5103? Several participants said they try to have parents fill out these forms at the time that they sign the relinquishment. In the case of a TPR, the earlier these forms can be reviewed and signed, the better. Remember that information for the forms can be obtained from agency records and other family members if the parents are unwilling to cooperate or their whereabouts are unknown.

19. What if we have a final decree of adoption and later we are told the father who signed relinquishments was in fact not the father? A man who believes his consent to the adoption was required and not obtained has to challenge the adoption within 6 months from the time he knew or should have known that fact. 48‐2‐607(c). That means that prior to the filing of the petition, he had to have unequivocally acknowledged paternity, paid consistent and reasonable child support within his means, and visited or communicated with the mother/child or attempted to do so.

Adoption Process

20. Can we give the adoptive family the blank adoption petition or should we refer them to the clerk to get that form? You can give them the form. You can also help them with the form but cannot complete it for them, as the petition is a legal pleading that can be completed by the party or their attorney. Adoptive families should be represented by an attorney.

21. Does a legal father have to be served with a petition? If the legal father has not been cleared prior to the filing of the petition, he would be entitled to notice of the filing of the petition under G.S. 48‐2‐401(b)(1) because under 48‐3‐601(2)b.1. his consent to the adoption is required.

22. If a family member is adopting a child from foster care, is there an exception to the fingerprint check for relatives? No, all adults in the adoptive home must be fingerprinted.


23. If a petition is filed while the case is on appeal, when should the DSS-1808 be completed? The DSS‐1808 should be completed within 60 days of receipt of the DSS‐1807, Order for Report to Court, but the final adoption decree cannot be issued until after the appeal is resolved. If it takes too long, you can do an updated DSS‐1808, as requested by the clerk. You can also ask the Clerk of an extension of the 1808. When you request the extension please let the Clerk know why you are requesting the extension and for how long you are requesting it.

24. Is it wrong to go to Adoption Committee before the 30 days? You can go to the Committee when all legal clearances are obtained. When parental rights are terminated, the parent has 30 days in which to give notice of appeal to the Court of Appeals. In that case, it would be better to wait until the 30 days have passed so the committee knows if an appeal has been pursued.

25. Is the pre-placement assessment necessary even if the child has been in foster to adopt home for 16 months? Yes, a pre‐placement assessment is necessary in all agency adoptions.

26. Could we get clarification on the placement date? The placement date in an agency adoption is a date after the child is legally cleared and the agency has formally chosen the adoptive placement. So for a child being adopted by his foster parents, the placement date is not the date the child was first placed with them as a foster child, but the date, after the child was legally free, that the agency chose them as his adoptive parents.

27. What about kids who are over 12 who don't want to sign to be adopted at this moment? Should we pursue? You want to continue exploring the issue, and try to identify the youth’s specific concerns. If they are developmentally delayed, or are simply reluctant to sign a consent, but do state a clear desire to be adopted, then you can pursue a waiver. However, if they are truly ambivalent about adoption you want to work with them on their ambivalence and not simply assume you know what is in their best interest. Consider working with one of the private agencies specializing in adoption recruitment and preparation.

28. What constitutes legal risk? A legal risk placement refers to placement of a child whose permanency plan is adoption but who has not yet been legally cleared for adoption.

29. What is the General Statute for when consent for adoption is not required? NC G.S. 48‐3‐603.

30. Is it possible to waive the 90-day waiting period for the decree of adoption? Yes. Submit a written request for a waiver of the 90 days to the Clerk of Court. Provide the reason for the request (e.g., child has been in the adoptive home for a significant length of time already, or the adoptive parent needs a passport for the child). If the waiver is granted, the decree of adoption may be signed without delay.


Tribal Identification

31. Do we have to address ICWA in a newborn relinquishment? Yes.

32. If a grandparent was banned from a tribe for marrying out of the tribe should agency pursue ICWA procedures? You need to contact the tribal enrollment office for any questions about eligibility for membership. You can find contact information for state‐recognized tribes (including the Eastern Band of the Cherokee) on the website of the NC Commission of Indian Affairs: http://www.doa.state.nc.us/cia/tribesorg.htm For federally recognized tribes contact the Bureau of Indian Affairs website: http://www.bia.gov/ There is also a PDF version of tribal and Bureau contacts: http://www.bia.gov/idc/groups/xois/documents/text/idc002652.pdf

Date: _____________

Dear ______________,

This letter is to notify you that the agency will accept the Relinquishment Of Minor for

Adoption by Parent or Guardian (DSS‐1804). The type of relinquishment the agency will accept is:

a general relinquishment to a prospective adoptive parent selected by the agency; or

a specific relinquishment with a prospective adoptive parent selected by the agency

and agreed upon by the birth parent, designated as: ____________________________ _______________________________________________________________________

Sincerely, Sarah Shumate, MSW Social Work Supervisor Adoptions Unit Cc: [PROGRAM ADMINISTRATOR], [DSS LEGAL REPRESENTATION]


CHECKLIST FOR DILIGENT SEARCHES

Chuck Frye, attorney for the Davidson County Department of Social Services, provided the following checklist, which that department uses to establish that it made diligent efforts to serve a party personally before resorting to service by publication. It was prepared by Twanna Robinson, a foster care social worker with the Davidson County Department of Social Services. Chuck made the following comments about the form: “This form has been well received by the judges in our district. We try to supplement the records checks listed here by reciting to the Court the contacts that the SW has made with family and friends of the missing parent in an effort to locate the parent. This list is used to suggest the places a SW might look, it must be modified for the circumstances of each case. Any suggestions for additions are appreciated.”


CHECKLIST FOR DILIGENT SEARCHES

Person’s name:____________________________ DOB: ______________________

Social security number: ___________________ Case name:___________________________

CPS‐I, CPS‐T, & FOSTER CARE/ADOPTION LOCATION DATE RESULT(S)

DMV

Child Support (ACTS)

Employment Security Commission

Social Security (SSI, Disability)

Food Stamps

IMS (Work First & Medicaid)

Register of Deeds

Clerk of Superior Court

College Records

North Carolina Dept Of Corrections

Other Dept of Corrections* http://www.vinelink.com/index.jsp

Federal Bureau of Prisons < <http://www.bop.gov/>>

Sheriff Dept* Local Jails

Check the County of residence web site. Several counties allow searches online.

One Case

Board of Election Check the County of residence web site. Several counties allow searches online.

Property Taxes Check the County of residence web site. Several counties allow searches online


Current White Pages

Directory Assistance

Postmaster

Utilities: Water Electric Gas/oil

Internet • Netscape People Finder • WhoWhere.com • ______________________

Wildlife Commission Hunting/Fishing License

• For NC – Fax request on letterhead to (919) 661‐4878

CPS INVESTIGATIONS AND TREATMENT ONLY Home visit:

8:00 am to 5:00 p.m.

5:00 p.m. to 12:00 am

1) 2) 1) 2)

Information from: Reporter

Family Who:_________________ ______________________

Landlord

Schools/Day Care where child(ren) last attended.

The first six items listed are State System programs available on your computer. If you do not know how to access them, you may ask a SOP to do the search for you.

When doing searches on the Internet, try to do a global search (not putting a city and/or state). Most Internet searches will allow this.

Completed by: _______________________________________ ______________ Social worker’s signature Date

Reviewed by: _________________________________________ _____________ Supervisor’s signature Date