CHAPTER I

GENERAL PROVISIONS

  Section 1. Authority. These rules of the Department of Family Services (Department) are promulgated pursuant to W.S. 1-22-101 through 1-22-116, W.S. 9-2- 2104(a)(vii), and W.S. 14-3-431 (n).

  Section 2. Purpose. These rules are adopted to define the role of the Department in adoption services and to protect any child(ren) who becomes a dependent of the state through court termination of parental rights and/or relinquishment of parental rights.

  Section 3. Definitions.

  (a) "Adoption" is the creation of a parent child relationship by judicial order between two parties who usually are unrelated; the relation of parent and child created by law between persons who are not in fact parent and child. Adoption creates a parent child relationship between the adopted child and the adoptive parents with all the rights, privileges and responsibilities that attach to that relationship.

  (b) "Adoption Agency" is an agency certified by the Department to prepare and train potential adoptive families, complete adoption home studies and reports, and place child(ren) in need of permanent adoptive families.

  (c) "Adoptive Family" is a couple or single person evaluated and approved for adoption by the Department pursuant to a court order or a private child placement agency, certified by the State of Wyoming or another state's certifying agency.

  (d) "Adult" is a person who has achieved the age of majority as specified by state statute.

  (e) "Applicant" is a couple or a single person who is applying to adopt a child(ren).

  (f) "Case Plan" is the Department's written document which outlines the outcomes, goals, and tasks in order to meet the needs of the family with regards to safety, permanency and well-being of the child(ren).

  (g) "Child(ren)" is the minor person who is to be adopted.

  (h) "Child Placement Agencies" are private adoption agencies that are licensed or certified by the State of Wyoming or another state's jurisdiction.

  (i) "Diligent Search" are efforts made to contact relatives and others.

  (j) "Interstate Compact on the Placement of Children (ICPC)" is the compact in place to ensure protection and services to child(ren) who are placed across state lines for foster care or adoption.

  (k) "Relinquishment" is a voluntary action on the part of the parent(s) which relinquishes custody of the child(ren) to the Department, a private child placement agency or an individual empowered by statute to assume these rights.

  (l) "Resident" means that, for adoption purposes, the applicant has lived in Wyoming during the 60 days prior to the filing of the petition to adopt.

  (m) "Special Needs Child(ren)" means a child(ren) who exhibits one (1) or more of the following characteristics:

      (i) Has irreversible or non-correctable physical or mental disabilities;

      (ii) Has physical, mental or emotional disabilities correctable through surgery, treatment or other specialized services;

      (iii) Is six (6) years of age or older;

      (iv) Has been in the same foster family home for a lengthy period of time, emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption;

      (v) Is a member of a racial minority; or

      (vi) Is a member of a sibling group and needs to be placed in the same home with siblings.

  (n) "Subsidized Adoption" is the granting of a definite amount of financial assistance to an approved adoptive home in the adoption of a special needs child(ren) by a written Adoption Assistance Agreement.

  (o) "Termination of Parental Rights (TPR)" is an action by a court of competent jurisdiction that terminates the parent-child(ren) relationship divesting a parent(s) of all legal rights and privileges to the child(ren) and relieves the child(ren) of all duties to that parent(s), except that the order may or may not divest that parent(s) of duties of support obligations.

  Section 4. Application Process.

  (a) The Department shall take applications for adoption services for prospective adoptive families only when ordered to do so by a court of competent jurisdiction or requested through the ICPC, when a child(ren) becomes legally available for adoption, is in the custody of the Department, and when adoption is in the Case Plan. All other individuals and families requesting adoptive home study services are to be referred to child placement agencies or adoption agencies.

  (b) Pursuant to these rules, if the Department is conducting an adoptive home study, the applicant is to provide the following:

    (i) Names, addresses, age, sex, race and nationality, education, work and employment record, physical description, verification of marriage(s) and divorce(s), financial statement of assets, liabilities and income, family members and others living within the home;

    (ii) Names and addresses of five (5) references who have known the applicant for a minimum of two (2) years;

    (iii) A general physical examination, completed within the year.

  When the applicant has any chronic medical condition, further medical evaluation may be requested. Related costs shall be the responsibility of the applicant.

    (iv) Autobiographies of each applicant;

    (v) A statement as to the motivation to apply for adoption and the types of child(ren) the applicant is considering for adoption; and

    (vi) Documentation that they are a resident of the state of Wyoming.

  (c) Following the receipt of the above, the Department shall conduct interviews both at the Department field office and the applicant's home to provide the information needed to complete an adoptive home study and to assist in the evaluation of the suitability of placement of a child(ren) for adoption in that home.

  (d) Central registry and fingerprint based national criminal history record checks shall be completed.

  (e) Additional information related to the suitability of the applicant for adoption may be required. Related costs are the responsibility of the applicant.

  (f) The Department Caseworker shall compile all of the above materials and submit to the Department District Manager for review within a reasonable time frame. Upon the Department District Manager's review of the adoptive home study, the home study shall be forwarded by the Department field office to the court initially ordering the home study either directly or through the ICPC.

  Section 5. Evaluation Process.

  (a) The Department Caseworker, the Caseworker's supervisor or the Department District Manager of the field office shall evaluate the applicant, including but not limited to the following areas:

    (i) The applicant is an adult;

    (ii) The applicant is secure in his/her current status and able to provide for the child(ren);

    (iii) The applicant's health, security, income, social and emotional ability allows for stable parenting;

    (vi) The applicant's motivation is one centering on the best interests of the child(ren);

    (v) The applicant has handled past concerns such as divorce, marital conflict, and employment changes in a constructive manner; and

    (vi) The applicant and other members of the applicant's family are open and comfortable with the sharing of adoption and biological background information with the child(ren).

  (b) The adoptive home study shall include a recommendation for or against adoptive placement.

  Section 6. Placement of Child(ren) in Department Custody.

  (a) If the relatives and/or foster family are not an appropriate adoptive placement, the following process shall be followed in order to identify an adoptive family for the child(ren):

    (i) The Department field office shall prepare a profile of the child(ren) with non-identifying information to be sent to the Department state office.

    (ii) The Department state office shall forward the home studies to the field office having legal custody of the child(ren) available for adoption. The

  District Manager and/or his/her designee shall select an adoptive home from the studies submitted.

    (iii) If none of the adoptive home studies submitted are accepted, the Department field office shall obtain additional adoptive home studies from the Department state office.

    (iv) Department field offices should not contact agencies directly for the purpose of obtaining an adoptive home study. All requests for adoptive home studies shall be made through the Department state office.

  (b) In the evaluation of the adoptive home, the Department District Manager and/or his/her designee shall consider, at a minimum, the following;

    (i) The prospective adoptive parent's ability to meet the needs of the child(ren);

    (ii) The prospective adoptive parent(s) personalities, attitude, preferences as to the child(ren)'s age, sex, race, nationality and number of child(ren) already in the family;

    (iii) The prospective adoptive parent's religious affiliation only if a certain religious preference is indicated by the biological parent when participating in the selection of an adoptive home;

    (iv) The location of the child(ren)'s biological family and relatives to assure confidentiality; and

    (v) The needs and the best interests of the child(ren) are to be paramount.

  (c) The Department may contract with private child placement agencies and/or adoption agencies for the provision of services to include:

    (i) Pre- and post adoption placement counseling of special needs child(ren) and their prospective adoptive families; and

    (ii) Supervision of adoption placement of special needs child(ren) in adoptive homes.

  Section 7. Subsidized Adoption.

  (a) The Department may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, the following apply:

    (i) The child(ren) is in the legal custody of the Department or a child(ren) placement agency certified by the state;

    (ii) The child(ren) is legally free for adoption;

    (iii) The Department or a certified, private child(ren) placement agency is financially responsible for the child(ren);

    (iv) The child(ren) is a special needs child(ren) as defined in Chapter I, Section 3(m )of these rules;

    (v) Reasonable efforts to place the child(ren) without a subsidy have proven unsuccessful; and

    (vi) The Department has determined the adoptive parent can provide for the non-financial needs of the child(ren).

  (b) The determination of the amount of subsidy shall be based upon the child(ren)'s needs and the circumstances of the adoptive parent.

  (c) The subsidy may include, but is not limited to, medical costs, psychological counseling, maintenance and costs incurred for the adoption.

  (d) Application for subsidy is to be made by the adoptive parent on behalf of the child(ren). Application shall be made on a form provided by the Department.

  (e) With the exception of item (f) below, the amount of the adoption assistance payment shall be less than the foster care maintenance payment the child(ren) received or would receive in a foster family home.

  (f) Payment of one-time, non-recurring expenses related to the facilitation of a special needs adoption may be provided by the Department.

  (g) After the subsidy is agreed upon by the Department in consultation with the adoptive parents, an Adoption Assistance Agreement shall be signed by all the parties.

  (h) The Adoption Assistance Agreement shall be completed prior to the finalization of the adoption.

  (i) The Adoption Assistance Agreement shall be reviewed at least annually to determine if the terms of the Adoption Assistance Agreement have changed

or remain the same. The adoptive parent is required to sign a form provided by the Department indicating:

    (i) If the child(ren) has reached his/her 18th birthday, are there any mental or physical disabilities which warrant the continuation of the Adoption Assistance Agreement;

    (ii) If the adoptive parent continues to be legally responsible for the support of the child(ren), and is providing financial support for the child(ren);

    (iii) If the child(ren) continues to reside in the home of the adoptive parent;

    (iv) If there are any changes in the household that would affect the Adoption Assistance Agreement; and

    (v) If the adoptive parent wants to continue to receive the Adoption Assistance Agreement amount.

  (j) Once the child(ren) has been determined eligible, the Adoption Assistance Agreement continues in effect regardless of the state of residence.

    (i) The adoptive parent must notify the Department of any change in his address.

    (ii) The Department state office shall notify the new state of the child(ren)'s eligibility status for Medicaid coverage once the information is received from the adoptive parent and request is made for Medicaid.

    (iii) The Department is responsible for payment of the subsidy amount to the adoptive parent in his/her new state of residence.

    (iv) In the situation where a child(ren) is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parent(s) die, a child(ren) may continue to be eligible for title IV-E adoption assistance in a subsequent adoption.

  (k) If an on-going subsidy (the cash payment and Medicaid portion) is not in place, the Adoption Assistance Agreement shall terminate upon payment of the non-recurring costs.

  Section 8. Sealing Adoption Records.

  (a) The Department state office shall maintain adoption records on infants and child(ren) in Department custody who are placed for adoption, as well as adoptions related to the ICPC.

  (b) Within 90 days of finalization of adoption, the Department field office shall forward its adoption file to the Department state office for sealing. The adoption file shall include the following documents, if available:

    (i) The Final Decree of Adoption;

    (ii) The Relinquishment or Termination of Parental Rights Order;

    (iii) Consent of the Department District Manager or his/her designee to Adoption;

    (iv) Placement Agreement with Adoptive Parents;

    (v) Birth parent's medical history; and

    (vi) Child(ren)'s medical history.

  (c) If certain court documents, such as the Final Decree of Adoption, are not made available to the Department field office, then it shall be noted in the file that such a document is available in the District Court where the adoption was finalized.

  (d) If an Adoption Assistance Agreement is in place, a separate file shall be maintained at the Department field office, which shall include items determined by the Department and be under the adopted name of the child(ren).

  Section 9. Access to Department Adoption Records.

  (a) The contents of adoption files are confidential and access to the information is limited by law.

  (b) If the adoptive parents, birth parents, siblings of adopted child(ren) or adult adoptee's request access to their files, they should be referred to the Department state office for assistance.

  (c) Non-identifying medical information may be provided to the adoptive parents or the adult adoptee without benefit of court order.

    (i) The above individuals are to write to the Department state office and request that information.

    (ii) In the request letter, the names of the adoptive parent, the adopted child(ren), the date of birth of the child(ren) and, if possible, the place of birth or the county where the adoption was finalized need to be included.

    (iii) The letter shall be signed and dated by the person making the request for information.

    (iv) Information shall be provided, when available from those files maintained by the Department, to include all available information regarding conditions or diseases believed to be hereditary, any drugs or medication taken during pregnancy and any other information which may be a factor influencing the child(ren)'s health.

  (d) There is no provision to provide birth parents with non-identifying medical information, but if they wish to add something to the adoption file, they may do so by writing the Department state office.

  (e) All other access to adoption files is accomplished only by order of the District Court.

  Section 10. Review Process.

  (a) Application/Home Study Review Process. If the Department completes a home study and makes a recommendation against an adoptive placement, the applicant may request a meeting with the Department District Manager in the field office where the home study was completed.

  (b) Adoption Assistance Agreement Review Process. If an Adoption Assistance Agreement is denied, terminated, or modified, the Department District Manager or his/her designee shall notify the adoptive parent of that decision in writing.

    (i) If the adoptive parent does not agree with that decision, regarding the Adoption Assistance Agreement, the adoptive parent shall write to the Department District Manager or his/her designee within 30 calendar days from the date of the adverse decision and request that a fair hearing be scheduled.

  (c) All hearing procedures shall be followed, as outlined in the Department's Rules for Contested Case Hearings.