Kansas Child In Need of Care and Adoption Law

KANSAS

• 105 counties

• 31 judicial districts

• 4 DCF regions: West, Wichita, East and Kansas City

DCF REGIONS

Statewide structureJuly 2013: 2 providers, 4 DCF regions

• Statutes and Regulations• Federal and State-Mandates

• Policy/Procedure: Department for Children and Families (DCF) Prevention & Protection Services Policy and Procedures Manual (PPS PPM) http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Policy_and_Procedure_Manual.pdf

Statutes and

Regulations

Policy/

Procedure/

Practice

SOURCES OF LAW AND POLICY: KANSAS

ADOPTION PROCESS RELATED TO CINC

Kansas’ Rapid Permanency Review: Visual Process Map developed to provide overview of Child in Need of Care (CINC) case which results in child being adopted. (See Handout: A-Z Process)

CINC CODE REVISIONS

• SB 179 was passed by the Kansas Legislature, signed by the Governor and enacted into law, effective July 1, 2018 (See Handout-Copy of SB 179)

• The bill revised K.S.A. 38-2268 as follows:• New K.S.A. 38-2268(a) provides “Prior to a hearing to consider the

termination of parental rights, if the child’s permanency plan is either adoption or appointment of a custodian, with approval of the guardian ad litem and acceptance and approval of the secretary, either or both parents may: Relinquish parental rights to the child to the secretary; consent to an adoption ; or consent to appointment of a permanent custodian.”

CINC CODE REVISIONS (CONT.)

• The bill revised K.S.A. 38-2268 as follows:• New K.S.A. 38-2268(d) provides: “If the child is in custody of the secretary

and the parental rights of both parents have been terminated or the parental rights of one parent have been terminated or that parent has relinquished rights to the secretary, the child may be adopted by persons approved by the secretary and the court. If the child is no longer in the custody of the secretary, the court may approve adoption of the child by person who: (1) Both parents consent to adopt; or (2) one parent consents to adopt, if the parental rights of the other parent have been terminated. The consent shall follow the form contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto.

ADOPTION PROCESS RELATED TO CINC

• Termination of parental rights (TPR) Hearing• Journal Entry

• Relinquishment of parental rights• Ensure all names, dates of birth, hospitals/medical centers, etc. are correct.

• After the hearing on termination of parental rights or relinquishment is completed and accepted by DCF Secretary, progress to Best Interest Staffing (BIS).

• BIS is process established by DCF and reflected in policy for selection of adoptive resource.

APPEAL INFORMATION

• May seek advice of counsel regarding rights of appeal.

• Timeframes:• 30 days from TPR

• 30 days after relinquishment signed. Effective July 1, 2018, K.S.A. 59-2124 adds paragraph (d) regarding finality of relinquishment. (See Section 11. of Senate Bill No. 284)

BEST INTEREST STAFFING

• Best Interest Staffing is addressed in DCF PPS PPM 5339 and PPM 5340.

• Documentation to be submitted for the BIS shall include:

• Adoptive Family Assessment/Home Study (Form PPS 5118) and Adoption Family Budget (Form PPS 5118A) on each adoptive resource for each child. Should include all required background and systems checks on each adoptive resource.;

• Child’s current Social History (Form PPS 3114);

• Individual Recruitment Plan (Appendix 5N);

• Approved Sibling Split Request (Form PPS 5147)

BEST INTEREST STAFFING

• Approval of Best Interest Staffing decision and request for internal review are addressed in PPM 5341.

• DCF Regional Director (RD) shall review the documentation from BIS and approve/not approve decision.

• If requested, Best Interest Review Team (PPS Admin.) will review BIS decision per PPM 5341(d).

• BIS Review Team will review documentation reviewed by BIS Team and RD plus the Original Best Interest Staffing Form.

ADOPTION INFORMATION

PACKETS TO LEGAL HANDLING

ADOPTION

REQUEST FOR CONSENT TO ADOPT

• Request for Consent to Adopt• Prepared by the DCF contractor.

• Provides basic information regarding the family and subject children.

• Shall include information identifying the involved court and the case number for CINC case when there has been a TPR or relinquishment (approved and accepted by Secretary).

• Needed information regarding the child and the adoptive parent(s) is set out in DCF PPM Appendix 5R (Form used as checklist; Kansas Adoption and Relinquishment Act (K.S.A. 59-2128) sets out required information for Petition for Adoption.

BIRTH CERTIFICATE

• Copy of original birth certificate (this is not the hospital record of birth).

• Check whether father’s name is included on birth certificate.

• If father is listed ensure it’s the same person who was terminated on/relinquished.

• Name and date of birth need to match information on all court documents.

SOCIAL SECURITY (SS) NUMBER

• Generally included, as it should be in the DCF file/systems for all kids in DCF custody.

• SS Card is not required by statute to file a petition for adoption.

• The adoptive family may obtain SS card after finalization, if necessary.

INFORMATION RELATED TO INDIAN CHILD WELFARE ACT

(ICWA)

• Confirmation ICWA (25 U.S.C. Section 1901 et seq.) has been or will be complied with prior to adoption hearing.

• Ensure names and dates of birth match the birth certificate for each child.

• Ensure that information provided, including in the DCF PPS “Medical and Genetic Information for Child” form, is consistent with the other documents in the adoption packet.

ICWA INFORMATION

• ICWA information on Medical and Genetic Information form for Child: PPS 5340 (included in PPS PPM)

• Part I. Medical History of Child

• Question 24-”Does this child have affiliation with a Native American tribe? If yes, provide the name of the tribe.”

• Part II. Genetic and Medical History of Mother

• Question 11. “Race and/or Nationality”

• Question 12. “Tribal affiliation: If yes, name of tribe:”

• Part III. Genetic and Medical History of Father

• Question 9. “Race and/or Nationality”

• Question 10. “Tribal affiliation: If yes, name of tribe:”

JOURNAL ENTRY-PRT OR RELINQUISHMENT

• Relinquishments: must be copies of relinquishments accepted by DCF Secretary.

• Relinquishments are not final until accepted by the Secretary.

• TPR JEs should be reviewed and approved in advance.

• If a parent is deceased, a copy of the death certificate must be included.

CHILD’S SOCIAL HISTORY

• Should be up to date with as current information as feasible.

• Should provide a reasonably complete history of the child. Any needed additional information may be requested.

• DCF utilizes Form PPS 3114-Social History for Children

PPM PPS 5340-MEDICAL AND GENETIC INFORMATION

FOR CHILD

• Affidavit is not required if both parents have signed off (most workers include it anyway).

• Affidavit should state who and how the PPS 5340 was completed.

• Review for Native American Heritage.

• If there is significant information missing from a parent completed PPS 5340, ask contractor to supplement and complete an affidavit indicating amendments with additional information.

PPM PPS 5340-MEDICAL AND GENETIC INFORMATION

FOR CHILD

• Part I., Question 18. “Immunization History.” (Attach copy of child’s immunization records.)

• Part I., Question 19. “Dates of Significant Illnesses or Hospitalizations: (Specify the type of illness, name & address of physician and or hospital. Attach records or authorized release.)” [Underline added]

• K.S.A. 59-2130, effective July 1, 2018, provides the following shall be filed with the petition for adoption “a properly executed authorization for release of any hospital records pertaining to the child”. “Any hospital records pertaining to the child” was deleted from the statute.

ADOPTIVE FAMILY ASSESSMENT/HOME STUDY

• Must have been completed not more than one year prior to the filing of the petition for adoption. See K.S.A. 59-2132. If there is a change in family composition or other significant information, and update to the assessment will need to be completed.

• Assessment must be completed by the licensed professionals as set out in K.S.A. 59-2132.

• Assessment should include budget information, detailed information about the family relevant to an adoption and parenting and address any concerns such as court actions or police contact or health concerns. (See PPS 5318-Adoptive Family Assessment and PPS 5318 Adoptive Family Budget)

BACKGROUND CHECKS-KBI AND FBI• On all family and household members over 10 years (excluding

children in foster care) and under 14 years of age, a non-fingerprint (name-based) KBI check is needed.

• On adoptive parent(s), a fingerprint background check is needed.

• On all family and household members 14 years and older (excluding children in foster care), a fingerprint background check is needed.

• FBI Fingerprint background checks are run through KBI and results are returned to DCF on KBI letterhead.

• If the fingerprints are rejected twice, a name-based check will likely be deemed sufficient.

KANSAS CHILD ABUSE/NEGLECT CENTRAL REGISTRY

• Must be run through Child Abuse/Neglect Registry at DCF.

• Should be completed on anyone residing in the adoptive family’s home over 10 years of age (excluding children in foster care).

• Must be current within 1 year prior to the filing of the petition for adoption.

• If the family resided out of state during the preceding five years, child abuse/neglect registry checks in all states where they resided shall be completed for all adults in the family.

•

ADOPTION PLACEMENT AGREEMENT

• Placement Agreement between the adoptive parents and the DCF Secretary regarding the adoption

• Includes information on what the child’s name will be upon finalization of adoption.

ADOPTION ASSISTANCE/SUBSIDY AGREEMENT

Adoption Assistance/Subsidy Agreement is an agreement between the adoptive parents and the DCF Secretary regarding adoption subsidy to be paid to adoptive family, when applicable.

REVISION OF KS ADOPTION AND

RELINQUISHMENT ACT- SB 284• SB 284 revises the Kansas Adoption and Relinquishment Act. (See Handout-SB 284)

• K.S.A. 59-2112(e) revises the definition of “residence of a child” and “place where a child resides”. The new definition is “the residence of any parent”.

• K.S.A. 59-112(h) provides a definition of “party in interest” which means

“(1) A parent whose parental rights have not been terminated;

(2) a prospective adoptive parent;

(3) an adoptive parent;

(4) a legal guardian of a child;

(5) an agency having authority to consent to the adoption of a child;

(6) the child sought to be adopted, if over 14 years of age and of sound intellect; or

(7) an adult adoptee;”

• K.S.A. 59-2112(i) provides a definition of “professional” which means “any person who receives payment or compensation, but not solely reimbursement for expenses, for providing services related to the placement of children for adoption.”

SB 284-REVISION OF KS ADOPTION AND

RELINQUISHMENT ACT

• K.S.A. 59-2113 is revised to provide “Any adult, married adult couple jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, except that one spouse cannot do so without the consent of the other.”

• Other statutes amended (refer to SB 284 Handout): K.S.A. 59-2114, 59-2116, 59-2117, 59-2120, 59-2121, 59-2122, 59-2123, 59-2124, 59-2126, 59-2127, 59-2128, 59-2130, 59-2132, 59-2133, 59-2134, 59-2136, 59-2138, 59-2141 and 59-2143.

“ADOPTION IS NOT ABOUT FINDING CHILDREN FOR FAMILIES, IT’S ABOUT FINDING FAMILIES FOR CHILDREN.”

Dr. Joyce Maguire Pavao