NDAC 75-03-36-28
Adoption - Preplacement preparation services
Cite as N.D. Admin. Code ยง 75-03-36-28
1.
A child-placing agency may not place a child into an adoptive home without a full adoption
assessment being completed on the prospective adoptive parents, including required
fingerprint-based criminal background check and child abuse and neglect index check.
2.
The child-placing agency may not place a child into an adoptive home if:
a.
There is a prior finding of deprivation related to any child in the prospective adoptive
home within the last five years;
b.
There has been a dissolution of a previous adoption within the last five years;
c.
There has been a disruption of a formal adoptive placement within the last five years,
unless further assessment by the child-placing agency in consultation with the
department determines such placement to be in the best interest of the child; or
d.
The custodial agency reasonably believes the adoption is not in the best interest of the
child.
3.
Effective October 1, 2024, if the prospective adoptive parents are licensed foster care
providers, the child-placing agency shall obtain and consider the foster care assessment as
part of the adoption assessment to determine suitability. An adoptive home is presumed
suitable if the foster care provider has:
a.
Been continuously licensed, certified, or approved as a family foster home for children;
and
b.
Provided foster care for children for more than one year without a correction order, fiscal
sanction, or license revocation proceeding.
4.
A child-placing agency shall give the prospective adoptive parents an opportunity to review the
records of the child in the child-placing agency's possession, and shall provide the prospective
adoptive parents an opportunity to meet with the child's case manager, therapists, foster care
providers, and other treatment providers to gain an understanding of the child's needs and the
services the child will require upon placement in the prospective adoptive home.
5.
A child-placing agency shall help the child, when age appropriate, understand the reasons for
placement, prepare the child for the new family, and be available to the child, prospective
adoptive parents, and the birth parents, when applicable, for supportive services.
6.
A child-placing agency preplacement preparation services must include:
a.
A visit with the child at the home of the prospective adoptive parents, if applicable;
b.
Sharing the child's life book with the child and the prospective adoptive parents, if
applicable;
c.
Arrangements for a physical examination unless the child had a physical examination
within one year prior to placement. The child-placing agency shall provide the
prospective adoptive parents with a copy of the physician's report and the child's
immunization record;
d.
Arrangements for an eye, dental, and hearing examination for a child three years of age
or older unless the child had these examinations within one year prior to placement. The
child-placing agency shall provide the prospective adoptive parents with copies of the
examination reports; and
e.
Sharing of information regarding the child's development and needs between the care
providers, if applicable, parents and the prospective adoptive parents.
7.
The child-placing agency shall prepare the prospective adoptive parents for an understanding
of separation anxiety, grief reaction, and problems related to attachment.
8.
The child-placing agency shall notify the referral source of the date of placement.
9.
The child-placing agency, if applicable, shall make an adoptive placement in accordance with
the interstate compact on the placement of children.
10
The child-placing agency, if applicable, shall discuss the need and qualifications for adoption
assistance and shall make a referral to the department. The child-placing agency shall provide
the department with supporting documentation of the need for adoption assistance when
making the referral.