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FOSTER CARE AND ADOPTION

FOSTER CARE AND ADOPTION. 1. Foster Care a. Foster parent: a person who cares for a minor at the order of the court b. legal custody still belongs to birth parents or government agency. i. Two ways children end up in foster care 1. child is removed from home because of abuse or neglect

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FOSTER CARE AND ADOPTION

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  1. FOSTER CARE AND ADOPTION

  2. 1. Foster Care a. Foster parent: a person who cares for a minor at the order of the court b. legal custody still belongs to birth parents or government agency

  3. i. Two ways children end up in foster care 1. child is removed from home because of abuse or neglect 2. parent voluntarily places their child in the care of the state

  4. c. must have a license to become foster parent i. after background check and home visit ii. must be at least 21

  5. d. foster parents are paid e. court can remove the minor at anytime • ultimate goal still to return child to parent

  6. 2. Adoption: the legal process by which an adult(s) becomes legal parent of another person a. usually applies to minors, but adults may be adopted as well

  7. b. anyone is eligible to adopt, but it is more difficult for single parents and especially for homosexuals i. courts favor two parents, relatively young, financially stable

  8. c. Steps in adoption i. most states require birth parents’ consent for an adoption (IL-yes) 1. if not consent, they at least must be notified of the hearing before it takes places

  9. 2. consent is not required in IL if parent: a. has waived their rights b. is found to be unfit c. or if child is a product of sexual abuse

  10. 3. mothers in IL cannot give consent until 72 hours after birth 4. consent can only be taken away if obtained by fraud or under duress a. even then, only 12 months after consent is given

  11. ii. background check on both prospective parents iii. evidence of the structure and stability of the family iv. consent of child after a certain age (10-14 depending on state) 1. IL = 14

  12. d. can be private or public i. private adoptions are allowed in 45 states (Colorado, Connecticut, Delaware, Massachusetts and North Dakota do not allow)

  13. e. Most people who adopt want very young babies (white babies are in highest demand) i. This leads to long waiting lists for a baby

  14. ii. Also leads to black market adoptions: parents pay a lawyer to pay a mother for her child 1. to prevent these, the courts have established rules for private adoptions

  15. a. birth mother must be given a lawyer by the state b. adoptive parents’ attorney can not have any involvement in the placement of the child c. court has to approve all money the adoptive parents spend to help the birth mother during pregnancy and birth

  16. F. Safe Haven Laws: law allowing parents to leave a child anonymously without punishment

  17. i. IN IL: 1. child must be 72 hours or less old • can only be left by biological parent • can be left at hospital, police station, fire station, emergency medical care facility

  18. ii. assumes that parent wants to terminate their parental rights iii. but they have 60 days to re-assert their rights

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