All children have the right to a permanent and safe family home. The Office of Children’s Service’s primary goal is to reunify children with their parents as quickly and safely as possible. In some instances, reunification may not be possible. In these instances, other permanency plans such as adoption/guardianship will be considered. Priority for adoptive or guardianship placement is given to relatives, then to non-relative placements. Additionally, for Alaska Native children, OCS will seek approval of the adoptive or guardianship placement with the child’s Tribe.
Adoption: is the preferred choice in providing a permanent, “forever” family to children who cannot return to their parent’s home. Adoption is considered a lifelong commitment to the child. In order for a child to be adopted, the parental rights of the child’s parents must be terminated by the court either through parental consent, relinquishment, or termination of parental rights. The OCS assigned worker will work with the Assistant Attorney General to resolve the parents’ rights to the child.
Guardianship: provides a permanent home to a child until the child turns 18 years of age. Typically, guardianships are an option for permanency for children who are 10 years of age or older. Unlike adoptions, parental rights may not be terminated. Instead, parental rights are suspended by the court regarding the day-to-day care of the child. The parents continue to maintain “residual” rights, which include:
Some resource parents are certain that they want to adopt or provide guardianship to a child in their care. Others are not so sure. Such an important decision should be made on a rational basis, not on emotions alone. Even if you feel clear about your decision, answering the following questions may help you decide whether you are ready or not:
The adoption or guardianship process begins when the child’s permanency goal is changed to adoption or guardianship.
For adoptive and guardian applicants, a fingerprint-based background check is required on all adults and household members age 16 and older. The background checks include criminal record checks, and child and abuse registry checks in each state where the prospective adoptive or guardian parents have lived in the last five years.
Your family and home will need to be approved by the agency as an adoptive or guardianship home. This process is conducted through a home study. During the home study, you will be asked questions about yourself, your family, and your home, as well as questions about care of the child. The agency uses this information to decide whether adoption or guardianship by the resource parents will be in the child’s best interests. An approved home study must be completed prior to adoption approval.
A home study is a comprehensive assessment of the family seeking to adopt, or become the legal guardian, of a child. A home study may be completed by OCS staff or by a grantee of the agency. A home study involves:
This process can be very intensive because the home study writer will be discussing all aspects of personal life with the adoptive candidates.
For more information about the home study process, talk with the assigned worker.
In most cases, an adoption worker or adoption specialist will be assigned to handle the adoption or guardianship process. You are entitled to full disclosure of information pertinent to the child’s special needs and care.
The OCS worker may not release any information regarding the child’s parents. Make sure that you have the available medical history of the child before you adopt or become the legal guardian (you should have received this when the child was placed in your home). The history must include:
Be sure to request this information before the adoption or guardianship is finalized.
Children in OCS custody may be eligible for the subsidized adoption or guardianship program. The subsidy program may provide monetary assistance, Medicaid coverage, or reimbursement of non-recurring adoption expenses.
An adoption or guardianship subsidy is different from foster care stipends. Foster care payments end when the adoption or guardianship is finalized by the court. A subsidy is set up to assist the family in meeting the ongoing special needs of the child. It is not intended to pay for the general cost of living expenses. Subsidies may include any or all of the following services:
Under both federal and Alaska statute, adoptions of special needs children may be subsidized, in order to assist the adoptive family in meeting the needs of the child.
Since 1990, Alaska law also allows for subsidy guardianships of children in custody. OCS provides federal and state funded subsidies based on eligibility. Refer to 7 AAC 53.200 – 53.299.
The amount of the payment will be determined through an agreement negotiated between a prospective adoptive parent or guardian and the department, taking into account the circumstances of the prospective adoptive parent or guardian and based on:
The amount may be renegotiated periodically to fit the child’s changing needs and the circumstances of the adoptive parent or guardian. However, the amount of the payment may not exceed 90% of the foster care payment that would have been paid by the department during the same period if the child were in a foster home.
Subsidies are binding contracts that OCS cannot modify unless the family agrees, or the terms of the agreement are violated.
All subsidy negotiations begin at a zero-dollar amount. Under no circumstances can the amount of the monthly subsidy payment exceed the amount that the child would receive in an OCS foster care payment.
Medicaid health coverage may be offered under a Title IV-E guardianship and state-funded and Title IV-E adoptions. In a state funded guardianship, the guardians can apply for Medicaid on behalf of the child once the guardianship is finalized.
To be able to receive an adoption or guardianship subsidy, the adoptive or guardianship parent must enter into a subsidy agreement with the agency and signed before the child is adopted or the guardianship is finalized.
A subsidy may be approved for a child after the adoption or guardianship is final regardless of whether the child is in department custody at the time of the adoption or guardianship, if a first-level review or an evidentiary hearing indicates:
Prospective adoptive parents or guardians may elect not to receive a subsidy even though the child may be eligible for one. If the family elects not to receive an adoption or guardianship subsidy, the family is required to sign a notice to this effect. The family will not be able to access a subsidy for the child at a later date.
The OCS may provide a deferred subsidy to a child when the special needs of the child are not yet diagnosed but are anticipated in the future. A deferred subsidy provides no monetary reimbursement to the family, but will continue Medicaid benefits for the child. Deferred subsidies are generally offered to adoptive families when a child is recognized to be at high risk of physical or mental disease.
An adoptive parent or guardian may request a monetary subsidy for a child receiving a deferred subsidy if a condition is later diagnosed. The request for a monetary subsidy must be made in writing and must document the reasons that the child requires a monetary subsidy, including a documented diagnosis from a qualified health professional. The department will negotiate a monetary subsidy with the adoptive parent or guardian if the department approves the request.
If there is a change in the child’s special needs, the adoptive parent or guardian should contact the OCS State Office Adoption Unit.
The Adoptive Placement Agreement is a form that the adoptive parent(s) and the agency sign after the pre-adoptive parent is approved to adopt a child. By signing the agreement, you agree to take care of the child and meet the child’s needs with the intention of adopting, and the agency agrees to carry out its duties concerning the welfare of the child. Before signing any form, review it carefully and discuss it with your assigned worker.
To finalize the guardianship, you will need to work with the child’s case worker and the Regional Permanency Specialist in your region. The AAG or a private attorney hired by the guardianship family will file the guardianship petition in court.
A completed home study with fingerprint results must be approved by OCS. A subsidy must be discussed, and if eligible, must be negotiated and approved before the guardianship hearing is held. The legal guardian must submit an annual report form to the court.
To finalize the adoption, you will need to petition the court and ask the judge to issue an order of adoption. The agency and your attorney will help you. Steps to finalization:
You may contact a lawyer to proceed with adoption after the Adoptive Placement Agreement is signed. If the child is legally free for adoption, contact an attorney as soon as possible; it is a good idea to hire an attorney who is familiar with the adoption process. If the child is not yet legally free for adoption or is in the process of being freed, you can contact an attorney and get advice about the adoption process. However, if your attorney works on your case and your child does not become free for adoption, the attorney might still charge a fee for the work that he or she has done. Be aware of the legal costs that are being incurred as you will be responsible for these costs.
The attorney will complete the petition to adopt and file it with the Court, along with the necessary documents.
A reimbursement of no more than $2,000, per child is available to adoptive or guardianship parents after the adoption or guardianship is final. This special reimbursement is for “nonrecurring” adoption or guardianship related expenses, such as attorney fees, court costs, home study fees, costs of pre-placement visitation and travel, and other nonrecurring expenses that are directly related to the adoption or guardianship. Nonrecurring expenses are paid only after the adoption or guardianship is final. Be sure that you;
Your adoption attorney will have to submit an adoption petition and other documents to court that the judge needs to finalize the adoption. The adoption petition and other documents are often called the “adoption packet.” The adoption packet has information about the family that wants to adopt the child. You will need to work with your attorney and OCS worker to ensure all needed information is included in the packet.
The packet may have the following type of information:
Remember, you are the petitioner in the case. You begin the court finalization process by having your attorney file the adoption packet in court. You have the right to follow up with your attorney and the agency to make sure everyone is doing his or her part. You can check on the progress of the adoption by contacting your assigned worker or your attorney.
The court will schedule an adoption hearing to determine if you can adopt. To help your finalization go smoothly, arrive at court early. It is also helpful to know ahead of time what courtroom to go to and the name of the judge. Your attorney should be able to give you this information.
Children and family members are welcome at adoption hearings, as are balloons, flowers, and cameras to take family pictures of your adoption day.