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In Illinois, as in many other states, the adoptive parents must be licensed
as a foster family by the state in order to adopt. (The only
exceptions are in related adoptions and in a non-related adoption when
the birthparents transfer custody of the child directly to the adoptive
parents. In that instance, the attorney may assume the primary role
of gathering the required information and filing the necessary papers.
However, post-placement investigations must still be done by a licensed
child welfare agency.)
No matter how the child is located or where the child is born, if the
adoption is to be finalized in Illinois, a licensed child welfare agency
must be involved. In all adoptions in Illinois, the legal status
of the adoptive parents is that of temporary custodians under an interim
order until a final judgment of adoption is entered, usually six months
after placement of the child with the adoptive parents.
During interim period, court-ordered investigations of the adoptive home
are conducted and a report is generated for the court. In Illinois, the
Department of Children and Family Services (DCFS) is the state's public
child welfare agency. Private adoption agencies in Illinois are
regulated and licensed by DCFS. Foster family home licenses are
regulated by DCFS, though such licenses may be obtained either from DCFS
or by a licensed adoption agency. The rest of this section will
focus on agency and agency-assisted adoption.
The first step in obtaining a foster family home license is to have a
home study evaluation done. Although this can be done by DCFS relatively
inexpensively, there is often a very long waiting list and many couples
choose to have their home study done by a private agency.
After making application to the agency and being accepted, the home study
process begins. The adopting couple fills out a voluminous amount
of paperwork about themselves, including information about their childhood,
family of origin, education, work history, religious beliefs, relationship
with their spouse, criminal convictions, health and psychological history,
interests, hobbies and social activities. The adoptive couple will
also be asked to provide a narrative about how they reached the decision
to adopt, their hopes for the adoption process and their plans once they
become parents. Several personal references are also required.
References are asked to fill out a short questionnaire and also to provide
a narrative of their opinion of the adoptive couple's potential as parents.
The adoptive couple must also be fingerprinted and have a criminal background
check done.
One thing that prospective adoptive parents can do ahead of time is
to assemble the necessary documents that will be required by the agency.
A minimal list of required documents includes:
- Certified copies of birth certificates for each applicant
- Certified copy of their marriage license, if the applicants are married
- Divorce decree, if either applicant was previously divorced
- Recent physical examination report and physician's statement of good
health for each applicant
- Copies of psychological evaluations of applicants, if applicable
- Comprehensive list of all past employment for each applicant (your
local Social Security office will provide this list for a nominal fee)
- Income tax returns for the past two years
- Past two years business income tax returns, if self-employed
- Employer's letter confirming current position, current salary and
length of present employment
- 3 letters of recommendation from persons unrelated to the applicant(s)
- 6 names and addresses of personal references, unrelated to the applicant(s),
who can be contacted directly by the agency to give a reference
- Records of any criminal convictions, if applicable
Once all of the paperwork is finished and reviewed, a social worker or
home study worker will meet with the couple in their home 3-4 times or
for one extended visit. During the home visit, the worker will review
all of the material provided by the couple and ask for further elaboration.
The worker will observe the physical surroundings and check for safety
violations that must be corrected prior to issuance of the foster family
home license. The worker will also observe the interaction of the
couple, how they cooperate and will make an assessment of their abilities
as parents. Finally, the home study worker will generate a report,
which is combined with the information provided by the adoptive couple,
to be sent to the state with a recommendation that a foster family home
license be issued. The wait for the actual issuance of the license
may be several months, however this does not prevent the couple from adopting
in the interim. The license need only be in place prior to finalization
of the adoption.
To those who haven't been through it, the home study sounds like and
intrusive and scary process. Remember that the person of utmost
concern in any adoption is the child. The safety and well being
of the child take priority over everything else, which is as it should
be. Many couples, though initially intimidated at the prospect of
the home study, find that it stimulates discussion between them and helps
them clarify their feelings, hopes and expectations about parenthood.
Please contact us for more information about our services by email or phone:
The Law Firm of Debra J. Braselton, P.C.
One Oakbrook Terrace, Suite 418
Oakbrook Terrace, IL 60181
Telephone (630) 261-1222
Facsimile (630) 261-1229
djb@family-law-illinois.com
© Copyright 2001-2006 Debra J. Braselton, PC. All rights reserved
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