Adoption Terms and Definitions
Temporary Custody
A county public children services agency goes to court to obtain temporary custody of a child when it is determined that the birth parents are not able to keep the child safe. The county social workers will work with the birth family toward resolving the issues the family is experiencing and returning the child to his/her parents. There are laws that limit how long the county can work toward reunification. Temporary custody means that the birth family still has some “residual” rights, but that the county has legal responsibility to make decisions for the child. Children in temporary custody may be living in foster care, in residential treatment, or even with their birth family.
Permanent Custody
If it is determined that reunification is not in the child’s best interest, the custodial (county) agency will ask the juvenile court for permanent custody. If granted, the birth parents’ rights are permanently severed and the child is legally free for adoption. The custodial agency is the legal parent and makes decisions for the child. Children in permanent custody may be living in a foster home, a residential facility or other setting.
Adoption
For children in permanent custody, the county that holds custody must seek a permanent family for the child. Often permanency is achieved by adoption. Children are placed with an adoptive family with the intention that this placement will become the child’s forever family. During the initial months of placement (at least six months) the county retains permanent custody and is still the legal guardian. When the family is ready, a court hearing is scheduled and the custody of the child is legally transferred from the county public agency to the adoptive parent(s). Legally, the child becomes their child just as if he/she had been born to the parent(s). A new birth certificate is issued with the names of the adoptive parent(s).
Foster Care
When children are in foster care they are in the temporary or permanent custody of the county children services agency that removed them from their birth home. Children in temporary custody are not available for adoption. Their case plan might be to reunify them with their birth parents or other relatives, or the county may be pursuing permanent custody which would make the child available for adoption.
Foster Care at NOAS
NOAS has a small foster care program. Many of the children served are also on referral to NOAS for adoption services. We serve two basic populations. The first is older children who are waiting for a family. Often they have significant behavioral and emotional problems.When the need for a foster home arises, we see great benefit to being able to have them in our foster care program while we are recruiting for an adoptive home for them. These are children with “treatment level” needs who require more skilled “treatment level” foster parents.
The second population served by NOAS is children in foster to adopt placements. These are children for whom we have identified an adoptive placement, but their temporary custody status prevents us from making the initial placement an adoptive placement. Usually the permanent custody has not yet been granted or is under appeal. We might make a foster care placement with a family with all parties recognizing that the intent is to change to an adoptive placement once the custody issue is resolved by the courts. These children may or may not have treatment level needs.
Family Assessment (home study)
Throughout the years these terms have been used interchangeably. Your NOAS social worker will come to your home and talk with you about your interest in adoption and/or foster care. The State of Ohio requires the completion of a long document summarizing many aspects of each applicant’s history. Your social worker will ask many additional questions. Usually there will be 4 to 8 home visits. At least one of these visits will consist of an individual interview with each applicant. The social worker will want to speak with your children and any other household members. This is a time for mutual assessment as you are asking questions and evaluating if foster care or adoption is right for you and your family, while the social worker is assessing your strengths and what type of child you are interested in parenting.
Joint Process
This term simply refers to the fact that the processes for becoming approved to adopt and becoming licensed to provide foster care are very similar. Should you choose to do both, you can be licensed for foster care and approved for adoption simultaneously on the same form with the same documents (medicals, fingerprints, references, etc.)
Finances
Foster parents are paid a board rate for each day they care for the foster child. This payment comes from NOAS and is based on the child’s level of care and the foster parent’s years of foster care experience. There is medical coverage for children in foster care.
Adoptive parents have the opportunity to talk with the custodial agency about adoption assistance or subsidy prior to the adoptive placement. Most children are eligible, but some do not qualify. You will have this information prior to placement, so you can make the best decision for your family. These funds will come directly to the family each month from one or several government sources. Children are eligible to be put on the family’s health insurance at the time of the adoptive placement. In addition, many (but not all) of these children have coverage through Medicaid.
Each situation is different and each child’s eligibility may be affected by a variety of factors. You will learn more about the financial aspects of foster and adoptive parenting as part of your pre-placement training. As you move closer to having a specific child in your home, you will have the opportunity to know in advance what financial supports will be available.
Waiting Children
This term is used to describe children in the permanent custody of county children services agencies who are in need of a permanent family. They are waiting for someone like you to come forward and adopt them.
Openness
Since many of the children placed are school-age and know their identifying information, NOAS supports the concept of openness in regards to adoption. Many children have important connections with foster parents or family members from their past which need to be maintained.
Title IV-E
Title IV-E Federal Adoption Subsidy program, provides federal financial support for children placed for adoption who meet the eligibility criteria. In order for a child to be eligible for Title IV-E Adoption Assistance, the county children services agency must determine and document that:
The child meets special needs status.
At the time the child came into custody of the county children services agency or private child placement agency, and at the time adoption proceedings were initiated, the child would have been eligible for Aid to Dependent Children (ADC), or the child is determined eligible for Supplemental Security Income (SSI) benefits by the Social Security Administration prior to the finalization of adoption.
In addition to a monthly monetary payment, these children are eligible for medical coverage under Medicaid and may be eligible to receive assistance and services under the federal Title XX program. Applications for Title IV-E subsidy must be completed by the adoptive family prior to adoption finalization. The amount of adoption assistance is determined by negotiation and mutual agreement between the adoptive parent(s) and the county children services agency. For more information, please contact your local county child welfare agency.
Aging Out of Foster Care
Each year approximately 20,000 children “age out” of the U.S. child welfare system without a permanent adoptive family. They are often cut off financially. Left without the support and guidance of loving parents, they often drop out of school. Many struggle to find employment and adequate housing. Statistics report their unfortunate futures:
40% of them become homeless
60% of the young women become pregnant within 3 years
40% experience mental illness
Many young men will end up in prison
