Foster Adoption

What is Foster Adoption?

Foster adoption usually involves a child who is in the care, custody and control of public social services agency and the children are dependents of the county or state system. Foster/adoptive parents are licensed for the purpose of caring for wards of the specific court/agency with the “risk” that the child usually isn’t free for adoption at the time of placement. The foster/adoptive parent usually provides foster care to the child while the agency/court offers services to the biological parent or parents as required by law, and if the child is not able to return to the parents within the prescribed time frame, the agency seeks termination of the parental rights of the biological parents. Once the child is freed for adoption, the agency makes the permanent decision for actual adoptive placement with the foster/adoptive parent(s) and informs them that they can seek the assistance of an Attorney for the filing and finalization of adoption the dependent child(ren).

In California the adoption petition is usually filed and finalizes in the county where the child was made a ward. Sometimes, relatives are located in other areas of California and the children may be adopted in their county of residence. We have experience in working with many of the social services agencies of the other counties in California.

What is Foster Parent Representation and de facto Parent Status?

For more information regarding foster parent representation in California and de facto parent status please contact our office.

What is Relative Placement?

Relative placement is when a public social service agency seeks to place a dependent child with a paternal or maternal relative for the purpose of foster care or adoption. Relatives may be eligible for financial assistance and medical benefits for the child from the social services agency.

Relatives often seek their own legal representation either in seeking placement of a relative’s child who is in the care and control of a public social services agency.

What is ICPC Relative Placement?

Children may be placed with relatives by an out of state social services agency so that the child or children can be with family members who are willing to step into the parenting role. If the birth parent issues are not resolved and the agency terminates the parental rights, the minor(s) become free for adoption, and an adoptive home study is requested through the Interstate Compact process. Once the placing state receives the approved home study on the child/children then the relative caretakers can seek legal representation for the purpose of adoption of the child/children. In and ICPC adoption there are additional requirements and expertise needed and our office has years of experience in working with these types of cases. Many times the majority of the legal fees can be paid by the social service agency of the “sending” state, which allows for minimal costs to the adopting relative.

Our attorneys have experience in meeting the out of state requirements of the agency and in negotiating agreements for the payment of legal fees. We also will advocate for adoption assistance and medical benefits for the adoptive relatives so that this support can implemented prior to the finalization of the adoption.