A Parent's Guide to Adoption Disruption & Dissolution - DURING
How Does the Process Work? Let's look at a worst case scenario. The adoptive parents have been told they must pick up a child from a residential treatment program either because the child has "graduated" the program or is being "terminated" from it due to violence against staff or other children. The parents believe that it is unsafe for the child or other family members to bring the child back into the house, but no other facility will accept the violent child.
Adding to the stress is the financial problem. Perhaps the insurance has run out or the insurance gatekeeper will not approve payment for continued care, the house has three mortgages, and the parents cannot afford to keep the child in a residential treatment program any longer.
- Rather than risk injury to a family member or being charged with abandonment, parents should educate themselves in advance about the laws in their state regarding such situations. State adoption code (laws) can often be found on the web.
- It is also time to hire an experienced adoption lawyer to represent your family's welfare in court. The attorney can ask for an emergency hearing before the "pick up" date arrives. If the lawyer can prove to the judge that it is unsafe for any member of the family if the troubled child returns home, the judge can choose to dissolve the adoption.
Some judges are very reluctant to do this except with very young children who are likely to be re-adopted. Instead of dissolution, these judges may order that the child be placed into the physical custody of the state for purposes of receiving further treatment. The parents will retain parental rights but no responsibility for the day-to-day care of the child. If the state takes physical custody in this way, the parents will not be held responsible for the cost of treatment, but in most cases, they will have to pay child support until the child is 18. The amount of child support might be determined using the same method utilized in divorce cases. A chart that takes into account what the parents earn and how many people are in the family might be used to come up with a dollar figure. If a child is receiving an adoption subsidy, a percentage of that amount can be negotiated. Parents can appeal child support payment amounts if they think they are too high.
These outcomes will vary according to state laws (and state laws change) so it is strongly recommended that parents seek the counsel of an attorney early on, even before the first placement in out-of-home care.
Next page: What about international adoption? previous |
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next More of this Feature •
Introduction •
BEFORE: Answers to First Questions •
AFTER: Now what? Glossary •
Adoption Disruption •
Adoption Dissolution •
Residential Treatment Related Resources •
Adoption Laws •
Interstate Compact •
Subsidies/Assistance Payments © Rita Laws and Nancy Ashe. This copyrighted article may be printed for private family use and for one-time reproduction in the print newsletters of non-profit adoption support groups and non-profit agencies with appropriate credit to author and web site. This notice must remain with the printed copy. ALL other uses require written permission.
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