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Has anyone had experience with the Commonwealth of Virginia refusing to allow relatives to foster to adopt a child in care? Contrary to federal policy and code and the Adoption & Safe Families Act and the laws and practices of 45 states, three territories and the DC, Virginia does not list adoption as the second goal after reunification. Rather, it has an odd goal called "permanent placement with relatives" where the intent is to place the child through a "transfer of legal custody" to the relative. This has created a situation wherein a local VA DSS agency has actually told us, as relatives, that although we are licensed foster parents and have had this child for six months and the agency has already gotten the court to eliminate the return-home goal, it will not pursue TPR and will not allow us to adopt this child. The state policy specialist has said VA law allows relatives to foster-to-adopt if the agency "has enough documentation to justify it to the court" (you'd think it would be the other way around). If we refuse legal custody (no other relatives have come forward), then apparently they plan to put her back into foster care with strangers, then pursue TPR and allow nonrelatives to foster-to-adopt. Insane, isn't it? The caseworker is not happy about it and understands that that this course is not in sync with federal law, but apparently the feds do not have jurisdiction over family law--it is a state matter. All the feds can do is pull funding out of noncompliant states. To be clear: This is not "permanent legal custody," guardianship or subsidized kinship care anything; Virginia does not have those statuses or programs. As we understand it, the effect of this goal is horrible. First and foremost, it is not true permanency. Parents keep their rights and can continue to challenge for custody, visitation, support reduction, etc., and the state has no obligation to defend the child--it is all on the relative, legally and financially. Second, the child does not have true permanency; the relative can actually relinquish custody back to the parent (and possibly the state) at any time. Second, it eliminates children's Title IV-E eligibility under the Adoption Act and leaves them with no guaranteed medical/mental health coverage and Medicaid ineligible. Third, by booting children out of the foster-to-adopt world, it eliminates all other federally funded services and benefits (such as foster or adoption subsidy) and private charitable services (such as Casey Family Services) that the children would otherwise qualify for. The only saving grace is that we live in another state and our state SS and ICPC people are fighting for us. I'm just not sure they can win.... Anyone else faced this?
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WOW... I had no clue. I live in Virginia and am in the process of adopting my nephew. ( he is 5 moonths old ) I guess my situation is different due to child being born in a different state. Gavyn was born in SC and was placed in foster care just hours after birth. The Mom named 2 different fathers so I was not able to claim him as his next of kin. We did have to do a paternity test which took 7 weks to come back. Once that was done we hired an attorney and petitioned the court. In all this time SS knew we were asking for the child to be returned to his BF ( my brother) and they contested it all the way... When we were able to get a hearing (after 4 and 1/2 months) right before we went into court ss said we could not have the child because the state was going to require a homestudy. I was willing to let the judge decide. To shorten the story the judge did order an interstate homestudy but allowed us to retain custody. Since then my brother and the Mom have asked that my husband and I adopt him. We have glady agreeded. We went to an attorney and are having the paperwork drawn up. We still have to have a homestudy done before we can finalize anything but atleast we are half way there. I wish you the best of luck. Have you consulted an attorney? What they are doing seems so unfair and truly isn't this supposed to be about the best intrest of the child. I will keep you in my thoughts and prayersLisa
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Thank you for your thoughts and sympathy. The big difference is that the parents in your case are voluntarily relinquishing their rights--if ours did, it might be a different story, but they are fighting and VA seems reluctant to spend the time, money and investigative resources needed to pull off a full TPR. I am very surprised that you were able to have physical custody of a child from one state in another without going through the ICPC process? I thought that was also illegal under federal law unless it is a relative-to-relative transfer and does not involve the state or a child-placing agency.... I am curious as to other parts of your experience, too. When you say you "petitioned the court"--for what? Physical custody? Not for legal custody...then your nephew would be losing his foster/adopted out-of-care status? Did you get a SC attorney? Has VA DSS had any involvement beyond scheduling/doing the homestudy for the ICPC? Is your attorney negotiating the adoption assistance agreement with SC? Are you fostering him now or have I misunderstood and he is still in foster care in SC? To me, the two biggies are legal permanency and medical/mental health coverage. Our girl's genetic potential for serious mental health issues is pretty high. Add attachment disorder to the mix....well, even the best private insurance just doesn't begin to cover it. I wish you continued good luck in your journey.
Hi hope that things are better for you. To answer your questions. We were able to retain custody because my brother (bf) lives with in my home. Didn't hurt that we had a very nice judge whom was very family oriented. SC will no longer be involved if the ** signs off on her rights before they get Va to do the homestudy. Their goal is to keep the ** for gaing custody again before she has completed their requirements. Va isn't involved. They will be doing a homestudy at the request of SC only. I will have to pay for one for adoption purposes SC drops their intrest. I don't mind though. Whatever makes him permently ours. He did not really have any benefits in the foster/adopt sysem that were worth fighting about. He did receive wic and medicare, but I have very good insurance and will be able to add him once the homestudy is complete and I have full legal custody. We did hire an attorney in SC. It was much easier that way. I stayed in constant contact with him. Our nephew came as somewhat of a suprise to us. We wanted more children but had somewhat given up. We didn't know too much about how to proceed with adoption and we were going to try IVF a few times but at that time it was just to costly for us and no guarentee and all... We neer approached the`bps about adoption they approached us. Which I can say that I am so greatful for that. I think they both realize that they cannot parent this child one is in a half way house and the other NEVER stays in one state long enough to put down roots and be stable.... I am sorry to hear you are having such a bad time of it. If the bps could just see how selfish it is to continue to hang onto this child.I wish you the best of luck and will keep you in my thoughts and prayers.Lisa
Georgia has the same policy of not allowing relatives to adopt but many have figured out the system in order to get around it. If you step forward immediately when the child is placed into care they will not TPR, they will only do a relative placement. A relative placement opens you up for future custody disputes. The only way people have gotten around it here is by waiting until after the TPR happens and then request custody. The problem with that scenerio is that the child will be staying in foster care with another family until that happens.
The state has recently set a TPR hearing date for my foster to adopt son and they sent a form for us to sign stating their intentions and the ramifications of it.
Relatives are given first right of placement even after the TPR occurs. So that time period between TPR and adoption is still an opportunity for family to come forward. Some families will wait it out but others don't want to risk the child bonding with someone else. The child's age really does factor in whether family waits or not.
The goal of foster care is not permanency it is family reunification. If the child is placed with a relative, any relative, then their goal has been achieved. My first foster child's father was really upset after he got custody because he thought that the state would still TPR the child's mom. The state said they only TPR if the child will be going to a non-relative placement for adoption. He would have to pursue TPR of the child's mom on his own.