Biological parents sometimes ask relatives to step in and provide care for their children. In many cases, the arrangement is informal, which provides the caregiver with no legal standing. When decisions must be made on behalf of the child with schools, hospitals, and state agencies, these adults may find their hands tied.
Several legal options are usually available for the caregiver and these depend on state law. Adoption is available in all states, an arrangement that severs the rights and responsibility of the birth parents. Guardianship is another arrangement available in every state and is usually granted by a state probate court. Caregivers may access services on behalf of the child but the biological parents maintain rights and responsibilities.
Some states have permanent guardianships for children in state custody. These arrangements are difficult for birth parents to terminate. Family courts in all states grant legal custody, an arrangement similar to guardianship but sometimes with fewer rights. In some states, relatives may enter open adoption agreements. Biological parents are allowed post-adoptive contact and in some states, only non-binding agreements are established by the law.
A de facto custodian serves as the primary caregiver providing financial support to a child. The youth must have lived with the adult for at least six months if under age three or one year if age three or older. Once the court declares a relative the de facto custodian, the individual has the same legal standing as parents during custody cases.
Standby guardianships were developed during the AIDS crisis so terminally ill parents could designate someone to care for the child during parental incapacitation without terminating parental rights. In some states, relatives granted guardianship are provided monthly financial subsidies by the state. Those offering informal care are finding medical care and school enrollment easier to access in states with educational and medical consent laws.
Wednesday, September 28, 2011
Monday, September 26, 2011
For The Biological Parents Of Children In Foster Care
Foster parents are not the only people with rights in a foster care arrangement. Biological parents may opt for family reunification or may voluntarily relinquish the child. In some cases, involuntary termination of parental rights may occur. Each option represents a difficult decision that the adults should not make without serious consideration. The currently prevailing thought within the child social welfare system is that caseworkers should take all steps possible to return the child to the biological home. The underlying presumption is that this home is the best place for the child. It assumes that rehabilitation of biological parents from what caused the neglect, abuse, or abandonment of the child can and should occur.
Relinquishment takes place when biological parents voluntarily terminate their parental rights to the child for adoption purposes. This usually happens when the child is an infant or toddler. After signing consent forms, birth parents may change their mind about placing the child up for adoption. The timeframe within which this may be done varies by state.
Involuntary termination of parental rights occurs when the state petitions the court for permission to end parental rights, enabling the child to be adopted. This usually occurs after the child has been in foster care for a few years and it is determined that the birth parents will be unable to perform parental duties adequately. The federal Adoption and Safe Families Act of 1997 offers situational guidelines regarding parental right termination and many states have adjusted their laws in accordance.
Even when children have been neglected or abused, many of them want to be reunited with their biological parents. This is not always in the best interest of the child, so caseworkers must make their recommendation to a court, which makes the final decision. Foster care leading to adoption is another solution with permanency in mind.
Relinquishment takes place when biological parents voluntarily terminate their parental rights to the child for adoption purposes. This usually happens when the child is an infant or toddler. After signing consent forms, birth parents may change their mind about placing the child up for adoption. The timeframe within which this may be done varies by state.
Involuntary termination of parental rights occurs when the state petitions the court for permission to end parental rights, enabling the child to be adopted. This usually occurs after the child has been in foster care for a few years and it is determined that the birth parents will be unable to perform parental duties adequately. The federal Adoption and Safe Families Act of 1997 offers situational guidelines regarding parental right termination and many states have adjusted their laws in accordance.
Even when children have been neglected or abused, many of them want to be reunited with their biological parents. This is not always in the best interest of the child, so caseworkers must make their recommendation to a court, which makes the final decision. Foster care leading to adoption is another solution with permanency in mind.
Thursday, August 4, 2011
Adoption From The Point Of View Of The Expectant Parents
Placing a child for adoption is not something to be done without forethought. Expectant parents relinquish their children for many different reasons. These include homelessness, financial hardship, age, moral beliefs, or not being able to be a single parent. The conclusion to give up a child should be made based on the feelings of the expectant parent, not those of friends or family.
Laws regarding adopting vary by state. Today, open arrangements are available that permit ongoing contact between the adoptive and birth families. There are different levels of openness, the most open version characterized by visits between both parties. In a semi-open arrangement, letters and pictures are exchanged without personal contact. Adoptions classified as closed do not permit ongoing contact between the families.
Another aspect that varies by state pertains to the matching and placement processes. In some states, open adoptions are not legally binding, so the adoptive family could commit to an open arrangement and then close the process without a reason or warning. Some states allow private matching or permit adoptive parents to provide financial support to the pregnant woman.
It becomes clear that much research is required before deciding on the proper arrangement. Another important consideration is the involvement of the father of the child. It the father and mother are not together, the father still must be informed of the plans. If he refuses to sign the Termination of Parental Rights document, the process could slow down or come to a halt.
Having emotional support during the research and decision-making process is important. Some women opt to keep their pregnancy under wraps but this can make a stressful situation more difficult. The support from others throughout this time can make the experience a more positive one. Professional counseling may also be helpful in reaching a difficult decision.
We have also covered adopting if you are disabled, click here for more info on that.
Laws regarding adopting vary by state. Today, open arrangements are available that permit ongoing contact between the adoptive and birth families. There are different levels of openness, the most open version characterized by visits between both parties. In a semi-open arrangement, letters and pictures are exchanged without personal contact. Adoptions classified as closed do not permit ongoing contact between the families.
Another aspect that varies by state pertains to the matching and placement processes. In some states, open adoptions are not legally binding, so the adoptive family could commit to an open arrangement and then close the process without a reason or warning. Some states allow private matching or permit adoptive parents to provide financial support to the pregnant woman.
It becomes clear that much research is required before deciding on the proper arrangement. Another important consideration is the involvement of the father of the child. It the father and mother are not together, the father still must be informed of the plans. If he refuses to sign the Termination of Parental Rights document, the process could slow down or come to a halt.
Having emotional support during the research and decision-making process is important. Some women opt to keep their pregnancy under wraps but this can make a stressful situation more difficult. The support from others throughout this time can make the experience a more positive one. Professional counseling may also be helpful in reaching a difficult decision.
We have also covered adopting if you are disabled, click here for more info on that.
Friday, July 29, 2011
Fost-Adopt Care Explained
A fost-adopt program bridges the gap between an initial foster need and a long-term need for permanent placement. Counties and states have foster care adoption programs, as do some private agencies in conjunction with social services. Social workers place children with specially-trained adults before the parental rights of the biological parents are permanently terminated.
This arrangement differs from traditional fostering because the adults pre-commit to adopting the child if and when the rights of the biological parents are terminated and the child is able to be adopted. In the interim, family reunification efforts sometimes take place. Biological parents may also appeal the decision regarding parental right termination.
In general, a child placed in a foster care adoption program is less likely to return to his or her biological family. During the time the biological parents still have parental rights, the new caregivers serve as foster parents. This type of program exists to prevent the child from having to make another move when it seems that adoption is likely to be the outcome. Since the child could still be returned to the biological family, the placement is considered a legal-risk placement.
Fost-adopt care is attractive to many adults because a high percentage of the children within the program are young, including infants. Adults must be educated regarding the program and ensure that social workers evaluate the legal risks. If the biological parents do not maintain their rights, another biological family member may express interest in adopting the child.
Some children placed in fost-adopt care have medical needs or may have been exposed to alcohol or drugs before birth. Others may be groups of siblings that include older children, though many states indicate that their fost-adopt programs most often contain younger children. Adults wishing to learn more about the fost-adopt program should contact the state foster care manager or state adoption specialist.
This arrangement differs from traditional fostering because the adults pre-commit to adopting the child if and when the rights of the biological parents are terminated and the child is able to be adopted. In the interim, family reunification efforts sometimes take place. Biological parents may also appeal the decision regarding parental right termination.
In general, a child placed in a foster care adoption program is less likely to return to his or her biological family. During the time the biological parents still have parental rights, the new caregivers serve as foster parents. This type of program exists to prevent the child from having to make another move when it seems that adoption is likely to be the outcome. Since the child could still be returned to the biological family, the placement is considered a legal-risk placement.
Fost-adopt care is attractive to many adults because a high percentage of the children within the program are young, including infants. Adults must be educated regarding the program and ensure that social workers evaluate the legal risks. If the biological parents do not maintain their rights, another biological family member may express interest in adopting the child.
Some children placed in fost-adopt care have medical needs or may have been exposed to alcohol or drugs before birth. Others may be groups of siblings that include older children, though many states indicate that their fost-adopt programs most often contain younger children. Adults wishing to learn more about the fost-adopt program should contact the state foster care manager or state adoption specialist.
Friday, July 22, 2011
When It Comes To Foster Care, Love Is Sometimes Not Enough
Adults who engage in foster care or adoption perform a great service. However, what they do may not always be enough. A child placed into care outside of the biological home may have special needs that mandate certain services. The result may be a decision to terminate the placement for the benefit of both the child and the family.
The intention is to help the child improve, not to encourage additional destructive behaviors and attitudes. At the same time, the caregiver has the opportunity to restore balance and order to the existing family. This is often a difficult road, filled with feelings of madness, sadness, and fear. Balancing these is happiness that the child has a chance to receive the services needed for development.
The caregiver must take the first step to meet the needs of the child. This involves contacting the social worker regarding the situation and requesting replacement. The social worker will locate a more suitable placement within a mandated timeframe. A smooth transition to the new placement will be accomplished by the social worker and caregiver working in tandem. In some cases, this goes so far as revoking an adoption.
Throughout the process, the needs of the child must remain the top priority. The caregiver and social worker must identify where the child can receive the services necessary to develop into a responsible adult. Caregivers must realize that they did not fail in their duties. Grief and loss are natural feelings and the social worker should assist with working through these.
The tie between a foster or adoptive parent and child often does not break in a situation like this. Some children and caregivers choose to remain in contact after the new placement situation begins. As long as both work within the parameters of the case plan, the relationship should be a positive and healthy one.
The intention is to help the child improve, not to encourage additional destructive behaviors and attitudes. At the same time, the caregiver has the opportunity to restore balance and order to the existing family. This is often a difficult road, filled with feelings of madness, sadness, and fear. Balancing these is happiness that the child has a chance to receive the services needed for development.
The caregiver must take the first step to meet the needs of the child. This involves contacting the social worker regarding the situation and requesting replacement. The social worker will locate a more suitable placement within a mandated timeframe. A smooth transition to the new placement will be accomplished by the social worker and caregiver working in tandem. In some cases, this goes so far as revoking an adoption.
Throughout the process, the needs of the child must remain the top priority. The caregiver and social worker must identify where the child can receive the services necessary to develop into a responsible adult. Caregivers must realize that they did not fail in their duties. Grief and loss are natural feelings and the social worker should assist with working through these.
The tie between a foster or adoptive parent and child often does not break in a situation like this. Some children and caregivers choose to remain in contact after the new placement situation begins. As long as both work within the parameters of the case plan, the relationship should be a positive and healthy one.
Tuesday, July 19, 2011
Parenting Is A Long-Term Commitment
Some parents are more concerned with when they can let their children go than actually taking care of the kids. Every day, parents feel inadequate because they do not have money or cannot handle their children. These adults are not effective parents and cannot take a long-term perspective to parenting and their children become victims.
When more focus is placed on the parent than the child, the problem becomes more serious. After trying everything possible and consulting with experts do not seem to help a troubled teen, the adult often gives up the battle. To prevent the parent from harming the child any further, parental duties must be relieved.
Enter the foster parent, who takes over until the biological family gets back on track. It is just as important for this caregiver to have a long-term perspective on parenting. Foster parents who are not up for the task usually only add to the problems of the children. The worst-case scenario is placing a child in a short-term foster care situation when a long-term arrangement is necessary.
Foster children need stability, not constant change. Once the environment is stable, the child can begin working on any issues. Being shuffled from one placement to another will not permit this to happen. If a foster parent gives up on the child, this is just a replay of what happened with the biological family. The child feels abandoned, worthless, and has very low levels of trust and self-esteem.
Both foster parents and parents have a difficult job in raising troubled children. A huge amount of stamina is required and days are filled with uncertainty. This takes a toll on the adults but it cannot prevent them from being there for the children. When natural parents are unable to do their job, the foster parent must step in and help.
When more focus is placed on the parent than the child, the problem becomes more serious. After trying everything possible and consulting with experts do not seem to help a troubled teen, the adult often gives up the battle. To prevent the parent from harming the child any further, parental duties must be relieved.
Enter the foster parent, who takes over until the biological family gets back on track. It is just as important for this caregiver to have a long-term perspective on parenting. Foster parents who are not up for the task usually only add to the problems of the children. The worst-case scenario is placing a child in a short-term foster care situation when a long-term arrangement is necessary.
Foster children need stability, not constant change. Once the environment is stable, the child can begin working on any issues. Being shuffled from one placement to another will not permit this to happen. If a foster parent gives up on the child, this is just a replay of what happened with the biological family. The child feels abandoned, worthless, and has very low levels of trust and self-esteem.
Both foster parents and parents have a difficult job in raising troubled children. A huge amount of stamina is required and days are filled with uncertainty. This takes a toll on the adults but it cannot prevent them from being there for the children. When natural parents are unable to do their job, the foster parent must step in and help.
Wednesday, July 6, 2011
Encourage The Softer Side Of Foster Children
Not all children are bad and this is sometimes easy to forget. Based on the news we frequently hear, we tend to view children as cold, unfeeling, and even mean. Though some of them can be this way, most are not always. Even the most street-hardened child has a softer side and it is the job of the foster parent to encourage it.
We tend to overlook the softer side of children because we are busy dealing with their bad behavior. We may be coming up with appropriate consequences for their actions or searching for ways to prevent the behavior from repeating. This situation does not lend itself to searching for their good points. Tough children do not make things any easier because they do not want us to see their softer side.
Even the wildest girls can be the best mothers. Teens who frequently have run-ins with the law may be excellent helpers for the elderly. Older children grow into adults who care for disabled youth. These are just a few examples of how even the most troubled children in foster care exhibit their softer side. By assisting them with doing this, foster parents help the transformation happen.
Foster parents should provide children with opportunities to display their softer side. Sometimes, mean thoughts and bad attitudes that lead to violence are just an attempt to act or look tough. Peers expect this so the softer side must be hidden in order for the child to have successful relationships with people of the same age.
The trick is to show children that being compassionate is an admirable trait, not a weakness. Feelings of kindness and caring should be part of the home atmosphere. In order for them to grow into caring and loving adults, children in foster care should be encouraged by their caregivers to express the compassionate aspect of their personality.
We tend to overlook the softer side of children because we are busy dealing with their bad behavior. We may be coming up with appropriate consequences for their actions or searching for ways to prevent the behavior from repeating. This situation does not lend itself to searching for their good points. Tough children do not make things any easier because they do not want us to see their softer side.
Even the wildest girls can be the best mothers. Teens who frequently have run-ins with the law may be excellent helpers for the elderly. Older children grow into adults who care for disabled youth. These are just a few examples of how even the most troubled children in foster care exhibit their softer side. By assisting them with doing this, foster parents help the transformation happen.
Foster parents should provide children with opportunities to display their softer side. Sometimes, mean thoughts and bad attitudes that lead to violence are just an attempt to act or look tough. Peers expect this so the softer side must be hidden in order for the child to have successful relationships with people of the same age.
The trick is to show children that being compassionate is an admirable trait, not a weakness. Feelings of kindness and caring should be part of the home atmosphere. In order for them to grow into caring and loving adults, children in foster care should be encouraged by their caregivers to express the compassionate aspect of their personality.
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