Special Provisions Regarding Pre-adoptive Placements

Comment. It is the primary responsibility of the Department to find families for children, rather than to find children for families. (1) Foster Parent(s) as Pre-adoptive Placements. Any foster parent(s) may seek to become the pre-adoptive placement for a child for whom the Department’s long-term goal is adoption. A foster parent(s) may be approved as the pre-adoptive placement for a particular child if the Department determines, after assessment, that adoption by the foster parent(s) will further the best interests of that child. (2) Priority. Although all foster pre-adoptive parent(s) who seek to become a pre-adoptive placement will be considered and assessed, priority will be given to those who are interested in the kinds of children currently waiting for and in need of homes. This includes, but is not limited to, the following types of children: school age, special needs, legal risk, siblings, Black, Hispanic, and mixed racial. Special needs includes a wide variety of emotional problems, behavioral disorders, learning disabilities, and other handicapping medical conditions. Applicants interested only in healthy infants will be considered as the need for such homes presents itself. (3) Department Obligations. Whenever a child is placed with a family who has been approved as a pre-adoptive placement and the child is not yet free for adoption (i.e., the parents have not surrendered the child for adoption, and no court of competent jurisdiction has issued a decree dispensing with the need for the biological parent’s consent to adoption, or such a decree has been issued but has been appealed and/or stayed, or), the pre-adoptive family: (a) shall be informed, plainly and clearly, that the child placed with them is not yet and may not become free for adoption; (b) shall be required to acknowledge their understanding and voluntary assumption of the “legal risk” nature of the placement; (c) shall periodically be updated by the assigned social worker or adoption worker about the legal status of the child in their care; (d) shall be informed they are not parties to and should not expect to become parties to any proceeding brought by the Department pursuant to M.G.L. c. 210, § 3 or M.G.L. c. 119, § 26(4), or to receive legal advice from Department legal staff in connection with any such proceeding. (4) Re-evaluation of Pre-adoptive Placements. All pre-adoptive parent(s) who have a child in pre-adoptive placement shall have a full or abbreviated re-evaluation, as appropriate: (a) whenever the Department learns of factors affecting the suitability of the placement; and (b) within 30 days prior to an adoption if the adoption occurs more than one year after approval of the pre-adoptive placement; and (c) Annually in accordance with 110 CMR 7.113 The re-evaluation shall be in writing and a copy shall be given to the pre-adoptive parents. (5) Withdrawal of Adoption Sponsorship. At any time after deciding to sponsor an adoption, and before the adoption occurs, the Department may, for good cause, withdraw its sponsorship of an adoption and its approval of a pre-adoptive placement. (6) Obligations of the Department to Pre-adoptive Parents. (a) The Department shall assign an adoption worker who will be responsible for providing direct service to the pre-adoptive family. (b) The Department shall provide the pre-adoptive parent with all relevant information about a child to enable the pre-adoptive parent to knowledgeablydetermine whether to accept the child for adoption. See Department Policy #91-001. (c) The Department shall notify pre-adoptive parents of all court hearings regarding a child placed in their home. See 110 CMR 7.112(2)(h). (d) Pending an adoption, the Department may offer to pay pre-adoptive parents at established rates equal to the rate for foster care. See 110 CMR 7.130