Adoption 624-05-15-115-15

(Revised 7/1/2025 ML #3928)

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This refers to the situation where the legal rights and responsibilities of a parent to a child are terminated by the agency and later assumed by an identified individual who becomes the child's legal parent. It can be the most traumatic for the family since it generally involves permanent separation of the child to his/her family. All reasonable efforts should be made to reunite the family before moving to adoption. A singular permanency goal of adoption is allowable before the Termination of Parental Rights (TPR) is granted. However, rationale as to why the permanency goal of adoption was made before a TPR should be clearly documented in the case record. Many times, adoption is a concurrent permanency goal until a TPR is finalized.

Moving toward termination of parental rights or adding a goal of adoption will require extensive consultation with your supervisor to determine if all other permanency options have been ruled out, whether the time is right, and if it is in the child’s best interest to pursue an adoption goal.

ASFA requirements and timelines have expanded the reasons for termination of parental rights. Refer to the 1999 amendments to N.D.C.C. 27-20-20.1 (North Dakota Century Code t27c20.3 (ndlegis.gov)). Petition to terminate parental rights – When brought – Definitions, for complete information.

 

When to Select the Goal of Adoption:

The goal of adoption should be considered under the following circumstances:

  1. All other permanency goals have been ruled out.

  2. The parents, through words or action, have shown an inability or unwillingness to care for the child and will not be able to provide for the child's safety and well-being within a reasonable period of time.

  3. The parents want the child to be adopted.

When Not to Select This Goal:

There are reasons why the goal of adoption may not be in the best interest of the child. Reasons include:

  1. Parents are engaging and making progress in case planning goals but need more time (within reason) to achieve the goal of reunification.

  2. The child's identified relative is willing to obtain their own legal standing with the child and parents. They are willing to provide adequately for their safety and well-being without agency involvement. See policy 624-05-15-115-10 Placement with Relatives.

  3. There are compelling reasons not to file the termination of parental rights such as: NDCC: 27-20.3-21

    1. The child, aged ten or older, consistently and strongly objects to being adopted with expressed wishes not to be adopted.

    2. A portion of the child’s life was spent living in the household of their parent.

    3. The availability of the adoptive home is suitable to meet the child’s needs and/or the child has special needs.

How to Implement this Goal:

When the goal of adoption has been identified, a permanency plan must be developed utilizing the Custodial Team Meeting Process. The purpose is to identify an adoptive family and/or initiate general and/or specialized recruitment for an adoptive family after the TPR affidavit is submitted and before the TPR hearing occurs.

At this point in the case, another extensive relative search effort must take place to ensure all potential biological, fictive kin, and other important connections to the child are ruled out for permanency. When at all possible, siblings must be adopted together if appropriate, safe, and in the child’s best interest. If siblings are placed separately and there are plans to recruit together, every effort should be made to place siblings together to alleviate the transition into the adoptive home.

Caregivers should be given sufficient support to make their decision to adopt the child. It is not appropriate to delay a child’s adoption while waiting indefinitely for a placement resource’s decision. Timelines for a decision should be established with the resource family.

Recruitment efforts would not be necessary if the child has an identified adoptive resource who has committed to adopting the child. When recruitment is identified as a need for a child, a custodial team meeting is required at least every 6 months to ensure efforts are being put forth to identify a family for the child. This can be done in conjunction with a Child and Family Team Meeting if required participants are present and non-required participants can be excused.

The custodial agency is responsible for completing the SFN 306 and gathering any SFN 201 Relative Family Fact Finding forms from interested biological families and potential adoptive families. The documentation, along with the current PCPA, must be submitted to the custodial team a minimum of 7 days prior to the scheduled custodial team meeting. If the documents are not prepared in time, any member may request the meeting be rescheduled to ensure all members are prepared.

Required participants:

  1. Custodial - HSZ Director and/ or Designee (Family Service Manager/ Supervisor)

  2. Custodial Case Worker

  3. Adult Adopting Special Kids (AASK)

    1. The AASK Specialist and;

    2. The Permanency Manager when recruitment is necessary and only at the initial custodial team meeting.

  4. CFS Field Service Specialist