Department for Community Based Services

Standards of Practice Online Manual

10.32 Kentucky Families Adopting Through Out of State or Out of Country Adoption Agencies

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 10-Interstate Compact on the Placement of Children
Effective:
12/3/2010
Section:
10.32 Kentucky Families Adopting Through Out of State or Out of Country Adoption Agencies
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

When prospective adoptive parents are considering adoption of a child from another state and request release of their home study, regional staff informs them that the Interstate Compact on the Placement of Children (ICPC) governs preparation and placement of the child.  The ICPC administrator for the state that may place the child is to request the family's home study from the ICPC administrator of the receiving state. Regional staff will inform prospective adoptive parents if they send a home study directly to an agency or individual in another state, an invalid adoption may result.

Procedure

For all families residing in Jefferson County
Regional staff:

  1. Obtains a signed request for release of the adoptive home study from the prospective adoptive parents;
  2. Sends a copy of the entire, un-redacted adoptive home study and all attachments to the prospective adoptive parents, upon receipt of a signed request;
  3. May assist prospective adoptive parents with the interstate compact process to facilitate submittal of the study to another state.

For families residing outside of Jefferson County
Regional staff:

  1. Submits the original request for release, signed by the prospective adoptive parents; a copy of the entire, unredacted adoptive home study; and all attachments to:

    Records Management Section, 3E-G
    275 East Main Street
    Frankfort, Kentucky 40621
  2. May assist prospective adoptive parents with the interstate compact process to facilitate submittal of the study to another state.
  3. The Records Management Section sends a copy of the entire, unredacted adoptive home study to the prospective adoptive parents upon receipt of a signed request and home study from the regional staff.

The interstate coordinator:

  1. Refers the family to Kentucky licensed private adoption agencies upon receiving a written request from an out of state licensed private adoption agency to study a Kentucky family for one (1) of the agency’s children.

Practice Guidance

  • The Cabinet does not provide case management services to Kentucky families attempting to adopt through licensed private adoption agencies in other states or countries or to Kentucky families initiating adoptions through public adoption agencies in other states or countries.


 

  • When a Kentucky family wants to adopt a child legally committed to a licensed private adoption agency in another state or country, the family requests the out of state or out of country agency to write to the ICPC Deputy Administrator requesting a home study for the family.
  • Any request from other countries must be provided in English.
  • The agency:
    • Provides certification of licensure;
    • States that it plans to place a child with the Kentucky family;
    • Provides the source of their children; and
    • States how they legally free the children for adoption.
  • All activities are coordinated through the interstate offices of both states.
  • The adoptive home study must meet the requirements of both states.
  • When the home preparation narrative is completed, a copy is sent by the Kentucky private agency worker directly to the child’s out of state agency.
  • Prospective adoptive parents may request release of their adoptive home study by submitting a signed, written request (as required by the Kentucky Open Records Act) to the Records Management Section.
  • The Kentucky private adoption agency worker requests birth, developmental, medical, background, and legal status information on the child.  The material is submitted as a part of the Interstate Compact on Placement of Children referral through the other state’s interstate office to the Kentucky ICPC deputy administrator.
  • When all materials have been received by both workers, the Kentucky private adoption agency worker and the out of state worker communicate by phone or correspondence.
  • Placement cannot be made until both states have signed the ICPC-100A Interstate Compact Placement Request. The Kentucky private adoption agency worker contacts the ICPC deputy administrator for assistance.
  • When the two (2) workers and other staff agree, the information on the child is presented to the family. 
  • After the family hears the information they may be ready for a visit with the child or may have questions to be answered before a visit is arranged.
  • The Kentucky private adoption agency notifies the Kentucky ICPC deputy administrator whether the agency and family are accepting of the referral.
  • If the referral is accepted, the deputy signs the Interstate Compact on Placement of Children ICPC-100A, notifies the other state’s deputy of the acceptance, and then distributes the 100As.
  • The two (2) workers arrange a time and place in the child’s state for the family and child to visit. If, after visiting the child, the family wants to proceed with placement, further visits are planned. The number of visits depends on the age and needs of the child.
  • Once placement is made, the Kentucky licensed private adoption agency worker is responsible for post-placement services. Quarterly reports regarding post-placement progress are sent by the Kentucky private agency worker directly to the child’s worker with two (2) copies to the Kentucky ICPC administrator

Related Information

Services for Kentucky families at the request of out of state public agencies:

  • The out of state public agency desiring to place a child with a Kentucky family requests the Cabinet to prepare home studies and provide placement, post-placement, and finalization services.
  • All such requests are made by the other state’s ICPC office.
  • When the child to be adopted has special needs the family must complete pre-service family preparation training.
  • The Cabinet does not approve or disapprove courtesy adoptive home studies, but the FSOS and SSW provide a recommendation.
  • Any approval of a courtesy adoptive home study is granted by the out of state agency.


Kentucky families finalizing a private agency out of state child adoption:

  • Since both state’s finalization requirements are to be met, the family may have to wait six (6) months or more before receiving the notarized consent of the placing agency to allow the adoption petition to be filed.
  • When the family is filing their adoption petition in Kentucky, the Kentucky private adoption agency worker requests a certified copy of the birth certificate, a certified copy of the order terminating parental rights, or the other state’s equivalent, and the out of state agency’s notarized consent to the adoption.
  • A letter of permission signed by the Commissioner to satisfy KRS 199.470(4)(b) may be necessary when an out of state child is being adopted in Kentucky.
  • The permission letter may be requested by the Kentucky private adoption agency worker through central office adoption staff. The Cabinet’s notarized consent, DPP-215, to the adoption is not necessary since the child is not committed to the Cabinet. The child must have been in the home for at least three (3) months before the adoption petition is filed per KRS 199.470(3).
  • After receiving the adoptive petition and the request for preparation of the court report, the Kentucky private adoption agency worker prepares the report to the court and submits the original and one (1) copy to the central office adoption specialist who reviews it, and if the report is complete, submits the original of the report to the appropriate court with an explanatory cover letter.
  • When the Kentucky private adoption agency worker receives notice from central office that the adoption judgment has been granted, the Kentucky SSW notifies the child’s worker in the other state through the ICPC deputy administrator by sending the county and date of the adoption judgment and a copy of the judgment, when possible.
  • The new birth certificate is requested from the Office of Vital Statistics in the child’s state of birth. The request, accompanied by proof of the adoption (the Circuit court clerk’s completed VS-102 form and a copy of the judgment of adoption may have already been sent to the other state’s vital statistics office by Kentucky Vital Statistics) and the appropriate fee, is generally handled by the attorney for the family.
  • The assistance of the private adoption agency worker and central office staff may be necessary to supply information and the address of the appropriate vital statistics office.
  • When the child came from a state which allows out of state families to finalize the adoption in the child’s state and the family chooses to finalize in the child’s state, the Kentucky private adoption agency worker has little responsibility for finalization. In such cases the Kentucky private agency worker verifies that a copy or notice of the adoption judgment is received by the Adoption Services Branch upon finalization to allow case closure.

Inter-country adoptions:

  • Inter-country adoptive placements occur when a child from another country is being placed with a Kentucky family.
  • The ICPC adoption coordinator is involved in every inter-country adoptive case.
  • The preparation process addresses the family’s experience with and ability to accept the type of child requested.
  • Kentucky licensed private child-placing agencies are contacted by the family to arrange for home studies, placement, and after-placement services when the child is committed to an out of state or out of country licensed adoption agency.
  • The inter-country adoption is considered an independent adoption when the child’s placement has been arranged by someone other than a licensed adoption agency.
  • The United States Citizenship and Immigration Services (USCIS) is involved in all inter-country placements. USCIS approval is necessary before the child’s exit visa is issued allowing the child to leave the foreign country and enter the United States.
  • The majority of inter-country adoptions are finalized before the child enters the United States.
  • When the adoption is finalized in Kentucky, after-placement and finalization services for Kentucky families are the same as for interstate placements.
  • Kentucky does not issue a new birth certificate for foreign-born children adopted in Kentucky. VS-54-Record of Foreign Birth is issued in lieu of a birth certificate by the Office of Vital Statistics in Frankfort. A similar form, G-641-Certificate of Birth Data Form is issued by the United States Citizenship and Immigration Services.

Inter-country, agency adoptive placement:

  • A licensed private adoption agency in another state of the United States with contacts in the child’s country requests in writing the completion of an adoptive home study on a Kentucky family by a Kentucky licensed private adoption agency.
  • The same procedures for home preparation are followed as for interstate cases. The Kentucky private agency worker requests material on the child directly from the other agency, or when that is not possible, directly from the family.
  • The Kentucky private agency worker is responsible for notifying the intermediary agency or the agency in the other country that the adoption has been finalized.

Inter-country, independent adoptive placement:

  • A DPP-187 Independent Adoption Application is required for proposed inter-country adoptions in which the applicants have identified a specific child as available for adoption and a licensed adoption agency is not making the placement. All inter-country, independent adoptive placements are coordinated through the interstate/independent adoption specialist in the Adoption Services Branch.
  • The same placement investigation procedures pertaining to the proposed adoptive parents are followed as in other independent adoptions.
  • In most circumstances it is impossible to arrange for anyone in the child’s country of origin to interview members of the child’s family to obtain health and background information pertaining to the child. During interviews with the proposed adoptive family, the worker inquires as to what information is available about the child from any intermediary in the child’s country of origin. This information is included in the placement investigation report.
  • Federal immigration law requires that home studies completed for inter-country adoption include a child abuse/spouse abuse registry check conducted on each adult household member. The adoptive applicants are responsible for obtaining this information through personal application to Records Management in central office.
  • Per KRS 615.040, the proposed adoptive family is required to post a ten thousand dollar ($10,000) child importation bond with the County Judge Executive in their county of residence. A copy of this bond is provided to the interstate/independent adoption specialist as part of the applicant’s placement investigation report.
  • The United States Citizenship and Immigration Services in Louisville, Kentucky is involved in all inter-country adoptions, and families are required to file I-600 or I-600A petitions through the Kentucky’s INS office. Cabinet staff requests a copy of the prospective adoptive parent’s petition during the investigation process and provide a copy to central office with the placement investigation report.
  • An adoption court in the country of the child’s origin has jurisdiction for planning for the child’s adoption. If for some reason the child to be adopted is already in the United States on a visa, other than a visa for the purpose of adoption at the time of the filing of the DPP-187, consult with the central office inter-country adoption specialist regarding how to proceed.

 

 

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