Children who are legally free for adoption must be placed in adoptive homes within six months of being freed. Such placements must be documented in the progress notes for each child. [18 NYCRR 430.12(e)(1)(i)]
Once the child is placed in an adoptive home, the adoption must be finalized within 12 months. [18 NYCRR 430.12 (e) (3) (i)] OCFS regulations require that agencies “recognize that any child who is legally free is adoptable.” [18 NYCRR 421.8 (a)]
When an Appeal of TPR is Pending
Either the agency or the parent may appeal an unfavorable decision of the Family Court (or Surrogate’s Court) in a termination proceeding. State law limits the time in which a notice of appeal can be filed. An appeal must be initiated no later than 30 days after the entry and service of the order to which the appeal is related (35 days if served by mail). During the course of an appeal of a Family Court (or Surrogate’s Court) order, the most recent disposition made by the court is generally continued and the child usually will continue to be placed as the court has ordered, unless a stay of the court order is granted either by the trial or appellate court.
1. Subsidy
For all children freed for adoption, the child’s eligibility for adoption subsidy must be assessed [18 NYCRR 421.8(c)]. It is the responsibility of the local district to assess whether the child may be eligible for adoption subsidy and to document that assessment in the case record.
RESOURCES
See Chapter 12 of this guide and Chapter 1B of the Eligibility Manual available at http://www.ocfs.state.ny.us/main/publications/eligibility/ for detailed information about adoption subsidy.
If the child does not appear to be eligible for the adoption subsidy and the
prospective adoptive parent(s) or the foster parent(s) indicate an inability or unwillingness to adopt the child without subsidy, the LDSS or the authorized agency must look for an alternative adoptive placement for the child. The caseworker must document the efforts made to locate adoptive parents willing to adopt the child without subsidy.
From the date of the adoptive placement until the date of the court order finalizing the adoption, the local district is required to make these payments as foster care
payments, except in two situations:
the child is in the guardianship and custody or care and custody of the LDSS, is freed and placed for adoption, is eligible for adoption subsidy, and is to be adopted by approved adoptive parents who are not also certified or approved foster parents; or
the adoptive parent is not or cannot also be certified as a foster parent.
In these cases, adoption subsidy payments begin on the date of placement with the approved adoptive parents (see Chapter 12 on subsidy). Until the adoption is final,
medical benefits must be continued for all children placed for adoption based on the child’s status as a foster child still in the custody of the local social services
commissioner. [18 NYCRR 421.24(b)(2);18 NYCRR 421.24(c)(2)(ii)]
New Requirement: Adoption Subsidy to Age 21
Effective October 1, 2010, after it is determined that a child is an eligible handicapped or hard-to-place child and a subsidy agreement is in effect, in certain circumstances the local district is required to make monthly
payments to the adoptive parents for the child until he/she reaches the age of 21, as long as the adoptive parents remain legally and financially responsible for the support of the child and continue to provide any support to the child.
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) requires that Title IV-E foster care and
adoption assistance eligibility be extended to age 21. The change resulting from this law relevant to adoption is that for otherwise Title IV-E eligible, hard-to-place adopted children, federal reimbursement is available if the child was 16 years of age before the adoption agreement became effective and the child is:
completing secondary education or a program leading to an equivalent credential;
enrolled in an institution which provides post-secondary or vocational education;
participating in a program or activity designed to promote, or remove barriers to, employment;
employed for at least 80 hours per month; or
incapable of doing any of the activities described above due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.
OCFS will issue an Administrative Directive (ADM) titled “IV-E Foster Care and Adoption to Age 21,” to provide guidance on this issue. The ADM will be posted on the OCFS website under “Policy Directives.”
2. Helping to Prepare the Child for Placement
Caseworkers should become familiar with, and skilled in, techniques that help prepare children and youth for adoption and are appropriate for the child’s age and development.
Caseworkers and families also can be instrumental in helping the child successfully transition to an adoptive placement by being mindful of the needs of the child in the context of his/her age; mental and physical health; personality; and cultural, ethnic, religious and/or racial experiences.
A child or youth has been prepared successfully for adoption if1:
He/she has an understanding of his/her family and placement history.
His/her wishes have been considered.
His/her emotional, physical, psychological, social, and chronological development has been considered.
Appropriate assessment tools have been used to gather accurate, comprehensive information about the child and family.
A treatment plan that reflects the needs and wants of the child has been implemented.
1
National Child Welfare Resource Center for Adoption (2010). Child/Youth Assessment & Preparation,
The caseworker has collaborated with everyone who has involvement with the child.
Adequate documentation of past services provided, current services being received, and future services needed has been made.
A presentation plan has been made.
The child or youth has been assisted to establish a transition plan.
3. Referral of Freed Children to OCFS/NYSAS (“Photolisting”)
Except when a Waiver of Referral (see Part 4 of this chapter) is authorized, a child must be registered with OCFS/NYSAS within 10 business days after the child is legally freed if he or she has been in foster care for at least three months and is not in an adoptive placement. A photo and a written description of the child should be prepared while the child is in the process of being freed so they can be sent to OCFS/NYSAS within the 10- day time frame (18 NYCRR 420.2, 421.8).
a. Photolisting Process through the Adoption Album
In New York State, the child must be registered through the OCFS/NYSAS Adoption Album. Registering the child with other photolisting services does not fulfill this requirement. [SSL §372-f; 18 NYCRR 420.2 and 421.8]
The Adoption Album––Our Children, Our Families (“the Adoption Album”) includes an online photolisting process. It also includes the Family Adoption Registry and an online process for matching and searching for photolisted children and prospective adoptive families. Caseworkers can use a training manual, titled The Adoption Album Training Manual to guide them through the details of these processes, including photolisting.
The manual is available on the OCFS intranet site at
http://ocfs.state.nyenet/adopt/AdoptionAlbumTrainingManual Oct08.pdf and on the Internet at
http://www.ocfs.state.ny.us/adopt/assets/AdoptionAlbumTrainingManual_ Since the automation of the Adoption Album, OCFS no longer prints and distributes hard copies of the photolistings, formerly called “the Blue Books.” These books and periodic updates were distributed for decades to over 700 agencies, parent groups, libraries, and other public locations. Caseworkers may continue to receive requests for the Blue Books or hear people in the community refer to them. Caseworkers will need to help community groups make the transition from the hard-copy Blue Books to the online Adoption Album. The print function on the Internet webpage of each child and can be used to print pages for interested families.
The automated photolisting process allows caseworkers to submit an electronic photolisting referral and upload digital photos to OCFS/NYSAS. It is no longer necessary to send a hard copy of the photolisting materials. If, however, caseworkers are unable to scan or upload digital photos, they will need to print out the referral and mail it to OCFS along with the hard copy photo. (The hard copy photo should be at least 2 inches by 3 inches in size and should be clearly marked with the child’s name, agency, and CIN
number or referral ID). Up to three photos can be submitted for each child. The information transmitted to OCFS registers the child for photolisting on the Internet.
Caseworkers access the Adoption Album via their Lightweight Directory Access Protocol (LDAP) account with a specially assigned password. Only authorized users can access information maintained in the Adoption Album. Caseworkers needing assistance in getting access to or locating their LDAP account should contact their local information technology staff. The public accesses the Adoption Album at www.ocfs.state.ny.us/adopt/ where limited information describing the children is available.
The automated photolisting process includes information that the caseworker must enter, as well as information that is pre-filled from CONNECTIONS, such as demographics, information about health and education, and a list of siblings. Most of this information can be modified for the photolisting and additional information can be added. Included in the listing is an optional “Narrative Written by the Child,” which is written in the first person in the child’s own words. Caseworkers are encouraged to have children write their own narratives (even if it is only a few sentences), especially when they are older and can express what they would like in a family or what they would like the family to know about them (if appropriate).
The caseworker is allowed to edit the photolisting only until the time the referral is submitted to NYSAS. After that time, caseworkers use the “Change Request” process within the automated Adoption Album to update and edit the referral. These updates can include a change to the child’s status, a change in the child’s own narrative, a change in the child’s needs, and caseworker comments. Workers should consult The Adoption Album Training Manual for more information on making change requests.
The photolisting renewal to update an existing listing of the child is handled in much the same way, through the automated system. (See also the section below regarding 18-month updates.)
b. Photolisting Siblings Together
State law, regulations, and adoption practice guidance emphasize the importance of keeping siblings together when they are placed in foster care or with adoptive families, unless such a placement is not in the best interests of one or more of the siblings. (See Section D, “Placement of Siblings Together for Adoption,” for more information about sibling placements.)
Photolisting siblings together who are freed and available for adoption is one tool for helping siblings be adopted by the same family. Each sibling must be referred to OCFS/NYSAS for photolisting within the required time frames described previously in this chapter. Therefore, if siblings are freed on different dates, the dates by which they must be referred for photolisting will be different. Once the first sibling freed and referred is photolisted, however, one or more siblings who are subsequently freed can easily be added to the photolisting. The instructions for doing so are included in The Adoption Album Training Manual.
c. Disapproved and Incomplete Photolistings
If OCFS/NYSAS finds the photograph and/or summary submitted for photolisting to be unacceptable, it will notify the agency that a new photograph or summary is required. The agency will have 30 calendar days to submit a revised referral. However, if the agency submits a partial referral without a photograph or complete narrative, the child will be considered unregistered, and there will be no 30-day extension. The agency will also receive an email notifying them that the child has not been registered.
d. Adoption Album Inquiries
After a child is photolisted, a family or agency that wants to receive more information about the child may contact the caseworker at the telephone number included on the
photolisting. Caseworkers should be prepared to receive these phone calls and to discuss the child with the prospective family without divulging any confidential information.
Caseworkers should promptly return phone messages from prospective families, even if the specific child the family is calling about is no longer available. The family may be a potential resource for another child. The caseworker should engage the family in a discussion about the adoption process in general and other available children to see if this may be an appropriate option to explore. Agencies are encouraged to retain home studies of inquiring families if similar children are available, so that, even if the child who was the subject of the inquiry is not placed with the family, other waiting children in the agency may be presented to the family for consideration.
Caseworkers with permission to access the Adoption Album search functions may conduct an automated search of children on their caseload who match the characteristics identified by prospective families. These features may also be used to enter information about a waiting child on their caseload and search the system for families that are willing to consider adopting a child with characteristics that match those of the waiting child. This search feature is one more tool caseworkers have available to them for the recruitment process. Any person who applies to adopt a handicapped or hard-to-place child must have his or her name, address, and additional pertinent information in the Family Adoption Registry. (See Chapter 10, Section I: “Adoption Album—Search and Match Procedures.”)
e. 18-Month Updates
Information on waiting children must be updated in The Adoption Album every 18 months. New referrals, including updated photographs and written descriptions, must be submitted by the time the child’s 18-month deadline has arrived. This requirement applies to all children who are still in the Adoption Album at 18 months after listing, including those on hold. (See “Placing a Photolisting on Hold” below.)
Agencies will receive notice of an approaching 18-month deadline through an email notice generated from the Adoption Album to both the caseworker whose user ID is listed in the referral and to the agency photolisting contact. Notice from NYSAS normally begins six to eight weeks before the due date. In the case of infants, agencies may wish to update the photographs earlier than 18 months.
4. Impact of Child Status on Photolisting Requirements a. Child Requires Immediate Photolisting
If the child is not in an adoptive placement and does not qualify for any waivers or delays, photolisting is required within 10 business days of freeing.
b. Photographs and Summaries
While the child is in the process of being freed for adoption, the agency should arrange to have a high-quality photograph taken of the child. The agency also should also prepare a summary that will be the basis for the description in The Adoption Album––Our Children, Our Families. The material, including the summary, must be sent to OCFS by the 10th working day after the child is freed.
For purposes of photolisting, a child is considered freed once the court order terminating parental rights is received by the agency, a surrender is signed, or the child’s care and custody have been transferred to an authorized agency because agency pursuant to Article 10 of the FCA or section 384-a of the Social Services Law and either (1) both of the child’s parents are deceased, or (2) one parent is deceased and the other parent is not a person entitled to notice of the adoption proceeding 18 NYCRR 420.1(a).(1)&(2).
Photography Guidelines
The photograph must be clear and in focus.
The child must be the only person in the photograph, unless the picture is of a sibling that will be placed together. No other persons, such as foster parents, social workers, neighbors, etc., may be in the picture.
Photos of siblings should include at least one photo of the entire sibling group AND an individual picture of each sibling, if possible.
There cannot be any identifying information in the photograph.
The background should be relatively uncluttered, although an attractive background that does not distract from the child is acceptable. Pay attention to the contrast between the child’s skin tone and the background.
The child must be clearly visible and discernable from his or her surroundings.
If a child is physically handicapped, it is acceptable to show the handicapping condition.
The child should be presented as attractively as possible.
Trained photographers should be used whenever possible. Try to obtain school pictures or photos taken by professionally trained photographers who volunteer their time for the Heart Gallery recruitment program.
Written Summary Guidelines
The summary should be written in the Public Narrative section of the child’s referral.
Include the month and year (but not the day) of birth, along with the child’s age (e.g., “John, born in October 2003, is now 7 years old and . . .”).
Include the child’s grade level (if in school) and special hobbies or interests.
Describe the child’s unique personality. Any information that can help prospective adoptive families gain an understanding of the child should be included.
Include a description of the type of family desired (e.g., two-parent, Catholic).
If the child has siblings with whom they are not being placed, include a description of the contact that is being maintained.
In the last paragraph, note special circumstances that may make the placement difficult (e.g., “foster parents do not wish to adopt, and the child will have difficulty separating from them”).
The Adoption Album also allows for a narrative written by the child. Caseworkers should encourage children to write their own narratives to be included in the referral.
The Caseworker Comments section of the referral is only available for viewing by caseworkers and should include any significant information about medical, physical, behavioral, emotional, scholastic, or developmental handicapping conditions. As much as possible, the specific handicapping conditions should be described. Diagnoses or
sensitive information regarding a child should go in the caseworker narrative section on the Intranet version of the Adoption Album and not in the public narrative that can be viewed on the Internet.
c. Waiver of Referral
There are two circumstances under which an agency cannot refer a child to OCFS/NYSAS, also known as a waiver of referral. These are:
1) The child has been placed with a foster parent with a signed Adoptive Placement Agreement or the foster parent has expressed––in writing––an interest in adopting the child (Intent to Adopt). While agencies may develop their own form for this purpose, OCFS has provided a suggested “Declaration