A Guide to Interjurisdictional Adoptions:
Creative Ways to Remove Barriers to Interagency, Intercounty, and Interstate Adoptions

Presented by: Susan Badeau
at the New York State Citizens' Coalition for Children, Inc., Conference 2001

I. INTRODUCTION - Two stories

THEN... JD, Fisher, Lilly, Renee, Trish and David were between the ages of 10 and 16 when they first became available for adoption, after spending 3 years in foster care. They were 6 African American teenagers with individual special needs. They lost the next 3 years of their childhood due to geographic barriers. NOW...Michele was 11 when she came into the foster care system in one state. At age 13, she became legally free for adoption. After 9 months of recruitment a family came forward. The exchange of information began and 4 months later Michele was with her new family in another state.

II. THE ADOPTION AND SAFE FAMILIES ACT (ASFA)

Provisions Related to Geographic Barriers

• Requires that states include in their IV-B plan a provision containing assurances the the state shall develop a plan for effective use of cross-jurisdictional resources.  Section 442(12) of SSA
• Requires that, as a condition of receiving Title IV-E funds, that the state shall not "deny or delay the placement of a child for adoption when an approved family is available outside the jurisdiction with responsibility for handling the case of the child..." Section 474(e) of the SSA

Clarification of Reasonable Efforts

• "Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child."  Section 471(15)(E)(ii) of the SSA

Documentation of Efforts for Adoption or Permanent Home

• States must document in each case plan the steps the agency is taking to find an adoptive family or other permanent living arrangement.
• At a minimum, it must include child specific recruitment efforts such as the use of state, regional, and national exchanges.

III. WHAT ARE THE CHALLENGES?  

Adoption: It's a balancing act. Good social work practice takes time. .... Children can't wait.

Addressing the Clinical and Practical Concerns

• Worker Fears and Concerns
  • Lack of knowledge of the processFear of loss of controlUnfamiliar practice and policyLack of staff timeUnknown success rateFinding appropriate families
  • Locating resources in remote jurisdictions
  Familial Issues
  • Maintaining sibling contactTransition from foster family
  • Openness, concurrent planning, maintaining all appropriate contacts
  Supervising the Placement
  • Trust issuesTimeliness, formats of post-placement reportsReports to any/all courts of jurisdictionWhat happens when problems occur?Obtaining appropriate resources
  • Legal issues and finalization procedures
  Dealing with the Interstate Compact (ICPC)
• Lack of knowledge about the ICPCIncomplete ICPC referrals
• Time involved in processing and waiting for ICPC approvals

Addressing Law and Policy Issues

• Standards for approval of foster parents vs. adoptive parentsEducation lawsDifferent state adoption lawsLaws regarding older children
• Time to conduct criminal records checks

Resources and Financial Issues

• Home study - who pays?Staff timeLack of adoption assistance payments between placement and finalizationDifferences in adoption assistance and non-recurring adoption costs between counties or statesTravel costs, visits, etc.
• All post adoption needs including supervision, medical assistance, education

Meeting The Financial Challenge

• Financing placements
  • Assume the money IS there. Look to access both federal and state dollars.Combine dollars from different pots, even different departments or agenciesRemember Title IV-E payments can be used to cover travel costs for visits and for placement
  • Think outside the box - be creative
  Pre placement visits
  • Title IV-E foster care maintenance payments for child care and travel costs associated with visits or placement are allowableReimbursement to family as "non-recurring expense"AdoptAir" program
  • Outside the box thinking
    • frequent flyer milesservice organizations
    • corporation donation
  Adoption Subsidy
  • All identified needs of child as described in the presentation packet should be covered Coverage/eligibility may vary from state to state (or county to county). Higher subsidy rate prevails Review with family and agency at time of presentation
  • Review prior to any pre placement visit or meeting of child and family
• Post-adoption supervision and post legal support
  • Purchase-of-service contractsReciprocal service agreementsPromoting Safe and Stable Families (formerly Family Preservation Services)Title XX (Social Services)ILP (Independent Living Program) grantFoster care respite moneyDevelopmental disabilities councils, protection and advocacy agencies and university affiliated programsShriners' hospitalsMedical Waiver program
  • Early Periodic Screening Diagnosis and Treatment (EPSDT) program

IV. STEPS TO PLACING A CHILD IN AOTHER STATE OR COUNTY

Getting Your Message Out

• In State
  • Other public agenciesPrivate agenciesNetwork, network, network! - foster families, friends, teachers, residential staff, churches, etc.Develop partnerships with neighboring regions or districts
    • Recruitment activities
    • Media resources
  • State Adoption Exchange - NY Family Album and Internet site
• Out of State
  • Network - conferences, colleagues, professional associations, newslettersRegional and national exchangesInternet - adoption and non-adoption sites (i.e. special needs)
  • National media recruitment

So You're Interested. What's Next?

• Exchange of initial/preliminary information
  • Confidential information released in stages
  Addressing preliminary issues/concernsExchange of additional information
  • Gradual disclosure
  • Use of presentation packet - identification of support services past and future
    • SupervisionTherapyEducationalMedical services
    • Other identified needs of child
• Full disclosure
  • Review by family and agencyJoint discussion - opens communication - same messageClarify informationOpportunity to address concerns/questionsConvey expectations
    • Visitation, post placement contact: siblings, relatives, foster parents, etc.
  • Identify support service needs

Placement and Follow up Services

• All contracts and identified serves should be in place on date of placementRegular telephone contact essential due to distance. Also consider video conferences
  • Placing worker with child, family, and supervising worker
    • Address progress
    • Identify behavioral changes and/or new behaviors
  Helps to alleviate anxiety of all parties involved
• Reassurance to all that monitoring is occurring and assistance is available

Interstate Compact on the Placement of Children

• All states participating in ICPC must approve placement of child across state linesAssures appropriate placements and supportive services
• Allow adequate time and submit all necessary information

Supervision

• Purchase of service contract with private agencyState/public agencyBe sure all expectations are clearShare sample guidelines for report formatsTalk about how problems will be solved
• Consider video conferences

How Do I Locate the Post Adoption Services My Child Will Need?

• Family and the family's workerICPC and (in some states) ACAMA administratorThe InternetNACAC/NAATRIN
• Parent information centers

V. TIPS AND BEST PRACTICE SUGGESTIONS

Best Practice Suggestions from Experienced Workers

• Be willing to be proactive and creative when recruiting families for your children. This includes recruiting outside of your jurisdiction, utilizing exchanges and being willing to consider all families who make inquiries on behalf of a child.Be flexible and take risks when faced with issues that seem difficult. If distance appears to be an obstacle, travel logistics are challenging, or the child needs to remain in contact with siblings or others, be willing to think creatively and take bold steps to overcome these obstacles.Don't make assumptions about the quality or availability of resources in the family's area. For example, many rural communities have excellent networks of medical or therapeutic resources, yet, there is often the assumption that a child with many needs must be placed in a large urban area to be near resources.Be willing to shorten or telescope the time frame for pre-placement visits. There is nothing sacred about a particular time frame. Many experienced workers have actually found longer, protracted visiting periods to be more problematic than shorter visiting periods.
• Even if you do not end up making a placement with the family that inquired about a child, keep the family's home study and keep it in mind for other possible matches. Every family is a potential resources for a child on your caseload.

A Few Tips

• When in doubt - reach for the phoneDevelop a "home study elements checklist"Learn about subsidy, purchase of service, ICPC and ICAMA (where applicable), your own state medical program
• Use exchanges effectively - register both children and families on state, regional and national registries

Solutions

• Continue to talk about the issue - look for solutionsLook at ourselves and see what role we play in creating barriersPartner, partner, partnerBuild relationshipsAdvocate for needed policy changes at both the state and federal level.
• Think outside the box - be creative

NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
(607) 272-0034 • fax (607) 272-0035
office@nysccc.org
02/06/2007