POLICY

Completing the Final Adoption Report

Concerns Regarding Suitability of Petitioner(s)/Care Child is Receiving/Birth Parent was not Advised of his/her Rights

Petitioners Moving Out-of-State

Consent is Withdrawn

Petitioner(s) Requests Withdrawal or Dismissal of Petition

Adoption is Finalized

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 03/05/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Final Independent Adoption Court Reports

Final independent adoption reports are submitted to the court once:

The assessments have been completed

Consent(s) has been obtained

Actions have been taken to free the child for adoption

The final adoption report must be submitted to the court by the APRD CSW within 180 days of the filing of the adoption petition unless an extension has been granted or it was determined that the court should be informed of other pertinent information. Supplemental reports must be submitted prior to the final adoption hearing.

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Approval of Adoption Petitions

The following recommendations are used for determining whether or not to grant the petition:

Recommendation	Reason for Recommendation
Approval	Positive assessment All parental consents are received
Conditional Approval	Positive assessment There is a question regarding the validity of a consent or one or more consent has not been received Conditional Approval can also be used if one of the home study documents is pending and the petitioner(s) agree to present the document at the court hearing
Approved with Reservations	Adequate assessment There are concerns that should be presented to the court for consideration
Denial	Little to no cooperation by the petitioner(s) All relevant documents were not received A child age twelve (12) or older does not want to be adopted Birth parent refuses to give consent to the adoption There is an adverse situation which suggests that adoption may not be in the child’s best interest
Denial in Lieu of Dismissal	Little to no cooperation by the petitioner(s) All relevant documents were not received This recommendation provides the attorney of record the opportunity to contest, re-file, or submit the appropriate documents to the court.
Dismissal	Attorney of record requests that the petition be dismissed

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Concerns about Suitability of Petitioner(s)/Care Child is Receiving

If there are serious concerns regarding the suitability of the petitioner(s), the care the child is receiving, or there is suspicion that the petitioner(s) have endangered the physical or mental health of the child by abuse or neglect, CSWs must immediately consult with their SCSW and (unless otherwise directed), make a child abuse report to the Child Protection Hotline (CPH).

Withdrawn Consent

Prior to the final decree of adoption, if the birth parent indicates orally or in writing that he/she wishes to revoke his/her consent, he/she has not signed a waiver of the right to revoke consent, and the revocable consent to the adoption has not become permanent, the consent can be withdrawn. If consent is withdrawn, the child will immediately be returned to the birth parent making the request (this is usually handled by an Adoption Service Provider or the caregiver). If the caregiver(s) of the child has concerns that the birth parent(s) requesting the return of the child are unfit or present a danger or harm to the child, the caregiver(s) must report his/her concern to the investigating agency and to DCFS (these concerns cannot be a basis for failure to immediately return the child).

Petitioner(s) Requests to Withdraw or Dismiss a Petition

Prior to the finalization of the adoption, petitioner(s) can withdraw or request dismissal of the adoption petition.

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PROCEDURE

Amending the Petition

Independent APRD CSW Responsibilities

Review the case records and information. If there are any discrepancies in the child’s legal name, petitioner's legal name, etc.:

Notify the petitioner's attorney of record or the petitioner(s) directly (if there is no known attorney of record). They will amend the petition.

If the petitioner’s attorney of record or the petitioner(s) (if there is no known attorney or record) do not amend the petition:

Complete the DCFS/A I 10, Request to Amend Adoption Petition

Send the DCFS/A I 10 to the petitioner’s attorney of record or the petitioner(s) (if there is no known attorney of record)

Completing the Final Adoption Court Report

Independent APRD CSW Responsibilities

Upon completing the assessment, and within 180 days of filing the adoption petition (unless an extension has been granted by the court and there is a continuance for more than 180 days), complete the:

DCFS/A I 24, Final Report for an Independent Adoption (if our Department completed the assessment of the petitioner(s)

DCFS/A I 400, Post-Placement Final Report for an Independent Adoption (if the assessment of the petitioner(s) was provided by a private adoption agency or an Adoption Service Provider)

Include the following information in the report:

A summary of the facts disclosed by the assessment

An evaluation of the facts based on current information that is substantiated in the case record, and current criminal record, Child Abuse Central Index (CACI) Clearance information, other state child abuse registries for the petitioner(s), and any adult age eighteen (18) or older that resides in the home, and the JAI clearance for any child age fourteen (14) or older that resides in the home.

If the petitioner(s) or any adult age eighteen (18) or older residing in the home has a record of criminal or violent behavior, include conclusions regarding the petitioner(s) ability to provide appropriate parenting and a stable home environment for the child in the report.

If a child, age fourteen (14) or older residing in the home has a record of criminal or violent behavior, use the report to include an assessment regarding the petitioner(s) ability to provide a safe home environment for the adopted child with this child in the home.

A recommendation regarding the granting of the petition

Complete the AD 42 I, Independent Adoption Program – Individual Case Report and submit the draft of the report and related documentation to the SCSW for approval.

Upon approval, the SCSW will initial the draft and forward it to the Adoption Assistant (AA) who will verify that the agreed upon adoption fee has been paid in full. If the fee has not been paid, the draft will be marked "not paid" and returned to the SCSW.

Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

Review the DCFS/A I 24, AD 42 I, and related documentation.

If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).

The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.

If not approved, return to CSW for corrective action.

If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Concerns Regarding Suitability of Petitioner(s)/Care Child is Receiving/Birth Parent was not Advised of their Rights

Independent APRD CSW Responsibilities

If there are serious concerns regarding the suitability of the petitioner(s), the care the child is receiving, or there is suspicion that the petitioner(s) have endangered the physical or mental health of the child by abuse or neglect, immediately consult with the SCSW and (unless otherwise directed), immediately make a child abuse report to the Child Protection Hotline (CPH).

Immediately after making the report to CPH, complete a progress report using the DCFS/A I 26, Progress Report for an Independent Adoption. Include the following information in the Report:

The basis for the concerns regarding the suitability of the petitioner(s) or the care provided to the child, and the outcome of the referral to the CPH.

A request to the court for direction, if appropriate, regarding the situation giving rise to the concern.

A recommendation regarding the granting of the petition.

If you believe that the birth parent was not adequately advised of his/her rights prior to placement of the child, immediately notify the court by completing the DCFS/A I 26.

Submit a draft of the DCFS/A I 26 to the SCSW for approval.

Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

Review the DCFS/A I 26.

Review the DCFS/A I 24, AD 42 I, and related documentation.

If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).

The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.

If not approved, return to CSW for corrective action.

If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Petitioner(s) Moving Out-of-State

Independent APRD CSW Responsibilities

If you become aware that the petitioner(s) are considering moving out-of-state prior to the adoption being finalized, refer to the Interstate Compact on the Placement of Children (ICPC) for guidance.

If the petitioner(s) move out of state prior to the adoption being finalized and after the final adoption report has been submitted, complete the DCFS/A I 26, Progress Report for an Independent Adoption, informing the court of the move and refer to procedures in Interstate Compact on the Placement of Children (ICPC).

Consent is Withdrawn

Independent APRD CSW Responsibilities

If consent is withdrawn prior to the final decree of adoption, immediately return the child to the birth parent making the request (this is usually handled by an Adoption Service Provider or the caregiver).

If the caregiver(s) of the child has concerns that the birth parent(s) requesting the return of the child are unfit or present a danger or harm to the child, the caregiver(s) must report his/her concern to the investigating agency and to DCFS (these concerns cannot be a basis for failure to immediately return the child).

If the caregiver(s) of the child report concerns that the birth parent(s) requesting return of the child are unfit or present a danger of hardship to the child, consult with the SCSW and (unless otherwise directed) make a child abuse report to the Child Protection Hotline (CPH).

Immediately after making the report, complete the DCFS/A I 24, Final Report for an Independent Adoption.

Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

Review the DCFS/A I 24, AD 42 I, and related documentation.

If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).

The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per. The AA will also return a copy to the CSW.

If not approved, return to CSW for corrective action.

If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Petitioner(s) Requests Withdrawal or Dismissal of Petition

Independent APRD CSW Responsibilities

Prior to the finalization of the adoption, petitioner(s) can withdraw or request dismissal of the adoption petition. If a petitioner(s) withdraws or requests dismissal of an adoption petition:

Discuss with the petitioner(s) whether he/she wishes to have the child remain in his/her home:

Petitioner's Wishes	Action Steps
If the petitioner(s) wish to have the child remain in his/her home	Refer petitioner(s) who are not related to the child to Community Care Licensing for foster care licensure Discuss with the petitioner(s) and birth parent(s) the possibility and desirability of securing legal guardianship of the child.
If the petitioner(s) do not want the child to remain in his/her home and you believe that returning the child to the parent would place the child in danger of cruelty/neglect/abuse/exploitation	Consult with the SCSW Make a child abuse report to the Child Protection Hotline (CPH).
If the petitioner(s) do not want the child to remain in his/her home and the parent(s) whereabouts is unknown	Consult with the SCSW and (unless otherwise directed), Develop a plan to commit the child to DCFS after obtaining approval from CDSS, and the Adoptions Services Bureau. Once approval has been obtained, recommend commitment.

Complete a DCFS/A I 38, Denial/Dismissal Report for an Independent Adoption, recommending the petition be denied.

For children who fall under the provisions of the Indian Child Welfare Act (ICWA), refer to Adopting and Serving Children Under the ICWA.

Complete the AD 42 I, Final Report for an Independent Adoption, and submit the draft of the report and related documentation to the SCSW for approval.

Upon approval, the SCSW will initial the draft and forward it to the Adoption Assistant (AA) who will verify that the agreed upon adoption fee has been paid in full.

Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

Review the DCFS/A I 38

If approved, sign the DCFS/A I 38 and forward it to the Adoption Assistant (AA) for mailing.

Review the DCFS/A I 24, AD 42 I, and related documentation.

If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).

The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.

If not approved, return to CSW for corrective action.

If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Adoption is Finalized

Independent APRD CSW Responsibilities

File the final adoption order in the case record.

Submit the case record to the Adoption Assistant (AA).

The AA will close the case.