Responsibilities of the Custodian When the Goal of Adoption is Established 624-05-15-115-15-10

(NEW 7/1/2025 ML# 3928)

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When the goal of adoption has been identified, the agency has the responsibility to communicate the goal change with the parents and children prior to the child and family team meeting when possible. The custodial agency should also make the referral to AASK. Collaboration with AASK is crucial to ensure timeliness of the goal.

  1. AASK must be invited to the Child and Family Team Meeting (CFTM) when a goal of adoption (singular or concurrent) is added.

  2. The AASK referral must be made to AASK no later than 7 days after the CFTM where adoption was added as a goal (singular or (concurrent).

  3. Provide all necessary documents to AASK for the child. AASK is unable to actively work on a child's case without all necessary documentation.

Responsibilities of Custodian to Prepare the Case for Termination of Parental Rights:

When you have determined that you are ready to go to court, it is the responsibility of the custodian to prepare the parents to ensure an understanding of the process. This applies to voluntary as well as involuntary terminations. These responsibilities include but are not limited to:

  1. Explain clearly to the parent the justification for moving forward with the termination of parental rights. The dangers that prevent reunification and lack of protective capacities should be discussed at the Child and Family Team Meeting as well as during all worker parent contacts.

  2. Explain to parents the nature of the court proceedings which will occur and their right to counsel.

  3. Explain to the child, in an age-appropriate manner, what is going to happen in the court proceedings.

  4. Explain, when appropriate, to the foster care providers the process and what is going to happen in the court proceedings and the need to exhaust all relative placement options at this time.

  5. Explain that foster care providers must be provided with timely written notice and the "right" to be heard in any proceeding held with respect to the child.

In preparation for submitting the TPR affidavit, review case record, case plan, notes, and all letters and correspondence concerning the child. For example, list in chronological order the following information about both parents:

  1. Reason, date and plan for placement. Note court orders, etc. that document these items.

  2. Visits between child and parent; including dates, who made the arrangements, where the visit occurred, how the child and parent behaved and any inconsistencies with visitation along. Agency should document the efforts put in place to remove barriers.

  3. Gifts given to the child - include cards and letters. Note appropriateness, whether one child in a family was left out, dates gifts were given and who gave them.

  4. Financial support for child. Who paid what and when, was their court order requiring payment.

  5. Parental involvement in case planning. Document plans developed, assessment of protective capacities and parents’ inability to keep child safe. Document efforts made to connect parent to outside service providers and supports.

  6. Document parental conditions which necessitate termination of parental rights.

  7. Review all documentation kept by the foster care providers throughout the course of the placement.

  8. Periods of abandonment and agency attempts to locate missing parents.

  9. Child's reaction and preference.

  10. Parents' reaction to situations regarding their child while in placement.

Responsibilities of the Custodian when the Termination of Parental Rights is Granted include, but are not limited to:

  1. Prepare the child for adoption; including explaining reasons for termination of parental rights, development of a life history book, and counseling around loss of parents.

  2. Collaborate with AASK and follow custodial team meeting process in identifying a prospective adoptive family.

    1. Gather recommendations from relevant providers (ex: child’s therapist, TFC worker, etc.) prior to the custodial team meeting.

  3. Complete another Relative Search and document efforts of family engagement to foster important connections for the child. Document and provide reasoning as to why family was or was not appropriate for connection or placement.

  4. Coordinate a visitation plan designed to build an adoptive parent-child relationship.

  5. Identify a target date for placement.

  6. Coordinate specific plans for follow-up services to child and family following placement.

  7. Follow procedures necessary to finalize adoption.

    1. Consider utilizing ND Post Adopt Services for the adoptive family.