Adoption in Connecticut

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Adoption in Connecticut means "the establishment by court order of the legal relationship of parent and child." [1] Adoption is provided for in Title 45a of the Connecticut General Statutes. The provisions of this title, with a few exceptions are to be "liberally construed in the best interests of any child for whom a petition [for adoption] has been filed under said sections." [2] Fundamentally, adoption is a two-step process: (1) an agreement to give and receive the child in adoption and (2) approval of said agreement by the probate court. [3]

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Adoption and foster care

Foster care in Connecticut is the placement of children with families that have been licensed by the Department of Children and Families (DCF) for long-term care. [4] A "child in foster care", or foster child, means a child residing with an adult who is approved by DCF to stand in loco parentis for the child and on whose behalf foster care payments are being made by DCF. [5] There are currently approximately 6,400 children in foster care in Connecticut. [4] These children live in variety of custodial arrangements: foster care, group homes, [6] independent living, medical care, [7] relative care, residential facility, "SAFE" homes [8] and shelters. Most children in foster care are not available for adoption. At any given time there are between 150 and 170 children, within the foster care system, who are ready for adoption. [4]

Placement of foster children

DCF must take reasonable efforts to reunify parents and children unless a court has decreed otherwise.

The changing nature of adoption

Traditionally, adoption could not proceed unless the parental rights of both parents were first terminated. [9] However, this is no longer always the case. In some instances, birth parents and legal parents have entered into an open adoption agreement, also known as "cooperative postadoption agreements." [10] Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if:

(1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement. [10]

In Michaud v. Wawrack, [11] the Court held that an agreement between birth mother and adoptive parents, that was not part of the adoption decree, is enforceable, provided it was in the best interests of the child. The terms of a cooperative postadoption agreement may include the following: "(1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement." [10]

Related Research Articles

Adoption Legal provision for transference of legal parentage

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parent or parents.

A step family, blended family, bonus family, or instafamily is a family where at least one parent has children that are not biologically or adoptive related to the other spouse or partner. Either parent, or both, may have children from previous relationships. Children in a stepfamily may live with one biological or adoptive parent, or they may live with each biological or adoptive parent for a period of time. In addition, visitation rights mean that children in stepfamilies often have contact with both biological parents, even if they permanently live with only one.

Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec:

Filiation is the relationship which exists between a child and the child’s parents, whether the parents are of the same or the opposite sex. The relationship can be established by blood, by law in certain cases, or by a judgment of adoption. Once filiation has been established, it creates rights and obligations for both the child and the parents, regardless of the circumstances of the child’s birth.

International adoption is a type of adoption in which an individual or couple becomes the legal and permanent parent(s) of a child who is a national of a different country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.

More adoptions occur in California each year than any other state. There is domestic adoption, international adoption, step parent adoption and adult adoption.

In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth.

Adoption and Safe Families Act

The Adoption and Safe Families Act was signed into law by President Bill Clinton on November 19, 1997, after having been approved by the United States Congress earlier in the month.

Child protective services (CPS) is the name of a government agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.

Indian Child Welfare Act United States law

The Indian Child Welfare Act of 1978 (ICWA) is a Federal law that governs jurisdiction over the removal of Native American (Indian) children from their families in custody, foster care and adoption cases.

The Child and Family Services Reviews (CFSR) are conducted by the Children's Bureau, within the United States Department of Health and Human Services, to help States improve safety, permanency, and well-being outcomes for children and families who receive services through the child welfare system. The Bureau conducts the reviews to ensure conformity with federal child welfare requirements, to determine what is actually happening to children and families in child welfare services, and to assist states in helping children and families achieve positive outcomes. The CFSRs monitor States' conformity with the requirements of title IV-B of the Social Security Act. The first round of reviews took place between 2000 and 2004 and the second round took place between 2007 and 2010. In both rounds, all States were required to implement Program Improvement Plans (PIPs) as part of the review process. The third round of CFSRs took place between 2015 and 2018; a complete aggregate report of those findings has yet to be released.

Adoption in France is codified in the French Civil Code in two distinct forms: simple adoption and plenary adoption.

Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989), was a case in which the Supreme Court of the United States held that the Indian Child Welfare Act governed adoptions of Indian children. It ruled that a tribal court had jurisdiction over a state court, regardless of the location of birth of the child, if the child or the natural parents resided on the reservation.

Adoption of Children Act 1949 Provincial high court in Canada

The Adoption of Children Act 1949 was an Act of the Parliament of the United Kingdom. This legislation liberalised various rules concerning adoption. Placement of children for adoption came under the supervision of local authorities, while adopted children were given inheritance rights. In addition, the legislation also rejected the notion, implied in the Children Act of 1926, that the mother had to know the identity of the adopter if she could reasonably give consent to adoption. The Act instead allowed the identity of the adopter to be concealed behind a serial number. The act was repealed on 5 November 1993.

The following outline is provided as an overview of and topical guide to adoption:

On March 31, 2016, a Federal District Court struck down Mississippi's ban on same-sex couples from adoption. Previously several other states had similar bans however Mississippi's was the last to be overruled. On June 26, 2017, the Supreme Court reversed an Arkansas Supreme Court ruling and ordered all states to treat same-sex couples equally to opposite-sex couples in the issuance of birth certificates. These court rulings have made adoption by same-sex couples legal in all 50 states.

Foster care in the United States

Foster care is the term used for a system in which a minor who has been made a ward is placed in an institution, group home, or private home of a state certified caregiver. The placement of the child is usually arranged through the government or a social-service agency. The institution, group home or foster parent is provided compensation for expenses.

Utah Foster Care (UFC), formerly "Utah Foster Care Foundation" is a non-profit organization that provides foster families for the State of Utah. Since its founding, UFC has played a role in caring for young children who have been subjected to abuse, neglect, and other hardships by their caretakers. As of 2013, at any given time in Utah, there are about 2,700 children experiencing crisis in the home who are in need of foster care. Nearly half of all cases involve substance abuse by biological parents. Given the difficult circumstances and special needs of these children, UFC's goal is to find and prepare foster parents to meet those needs.

Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States that held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.

Adoption in the Philippines

Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."

Preventing Sex Trafficking and Strengthening Families Act

The Preventing Sex Trafficking and Strengthening Families Act is a US bill that would address federal adoption incentives and would amend the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures with respect to the children it is working, and which are (possibly) a victim of sex trafficking or a severe form of trafficking in persons. The bill furthermore requires states to implement the 2008 UIFSA version, which is required so the 2007 Hague Maintenance Convention can be ratified by the US.

References

  1. ↑ Conn. Gen. Stat. § 45a-707(a)(2007).
  2. ↑ Conn. Gen. Stat. § 45a-706.
  3. ↑ Killen v. Klebanoff, 140 Conn 111, 115 (1953).
  4. 1 2 3 Adoption and Foster Care: Statistics and Recent Legislation, OLR Research Report, available at http://www.cga.ct.gov/2006/rpt/2006-R-0684.htm.
  5. ↑ Conn. Regs. §8-210b-9a.
  6. ↑ A "group home" is a non-secure home licensed by DCF for children.
  7. ↑ "Medical care" refers to those children living in short-term residential programs "cooling off" from a particular crisis.
  8. ↑ "SAFE" homes are temporary homes used by DCF to place children traumatized by abuse and neglect. Children may spend up to 45 days there while DCF assesses their needs and searches for appropriate placement.
  9. ↑ In re Theresa S., 196 Conn. 18, 30, 491 A. 2d 355 (1985).
  10. 1 2 3 Conn. Gen. Stat. § 45a-715 (2007)
  11. ↑ 209 Conn. 407, 551 A.2d 738 (1988)
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