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Q: What is adoption?
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A: Adoption is a legal process which permanently gives parental rights to adoptive parents. Adoption means taking a child into your home as a permanent family member and raising them as such.
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Q: How do I find a child, and how do I adopt a child?
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A: If you would like to adopt a child, contact your local licensed public adoption agency or a CDSS adoptions district office to speak with an agency representative about the adoption process which will include an orientation. After the orientation, if you make the decision to adopt, you must complete and submit a written application and the agency will assign an adoption caseworker to discuss the type of child you wish to adopt and the children that are available through the public adoption agency. You must participate in a "family assessment" which consists of a thorough review of your criminal, medical, employment, emotional, marital, and life history and your home environment, as required by law. This process is a joint effort by the agency and the adoptive applicants. The agency evaluates and determines your ability to provide a stable, safe and permanent home to a child who is available for adoptive placement.
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You may also wish to consider adoption through a licensed private adoption agency. You will need to contact licensed private agencies in your area for information about their services, requirements and fees.
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Q: How much will it cost to adopt?
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A: The licensed public adoption agency or CDSS adoptions district office requires that you pay a fee of no more than $500 prior to submitting a favorable report to the court. This fee may be deferred, reduced, or waived under certain conditions. You should also expect to pay for fingerprinting, medical examination, court filing and other adoption-related costs that usually total no more then $100-$300.
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Families who adopt children who are eligible for the Adoption Assistance Program may qualify for the Non-recurring Adoption Expense Program. The program reimburses families for adoption related expenses that they incur during the adoption process. The amount of reimbursement is limited to $400 per child. For more information regarding this program, please contact your local county adoption agency or a CDSS District Office.
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Please note: Fees for services rendered by licensed private adoption agencies are not regulated by the State and may vary. You should ask about the fee schedule when you initially contact the adoption agency.
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Adoptive parents may qualify for a federal tax credit for certain expenses paid to adopt an eligible child with special needs and a state tax credit for adopting a child who was in the custody of a California public child welfare agency. For further information about the federal adoption tax benefit, contact the Internal Revenue Services at www.irs.gov or 1-800-829-1040 and request Publication 968. For further information about the state tax benefit, contact the California Franchise Tax Board at www.ftb.ca.gov or 8-800-852-5711 and request information on Credit for Child Adoption Costs - Tax Credit Code 197.
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For independent adoptions, the adoptive parent(s) are required to pay a fee of $2,950 to CDSS or the county agency for the investigation of the independent adoption. This fee may be deferred, waived or reduced under certain, limited conditions.
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Q: Do we need an attorney?
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A: Services of an attorney are generally not necessary in an agency adoption. Although independent adoptions can be done without the involvement of an attorney in some instances, the involvement and consultation of a legal professional is generally desirable to ensure all legal requirements are met and the rights of the parties to the adoption are protected.
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Q: Is there financial assistance provided once the adoption is final?
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A: There are programs available to provide financial and medical assistance to foster children. See Adoption Assistance Program for such a program. In some cases, assistance may be provided until the child reaches the age of majority.
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Q: May single persons adopt?
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A: Yes, single men and women may also adopt. In fact, approximately one-fourth of the children adopted from the public foster care system in California are adopted by single individuals.
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Q: Is there an age restriction on the age of adopting parents?
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A: NO. As long as you are in good health and have the energy and desire to be a parent, age is not a decisive factor. A 50-or-55-year-old person or couple may be perfect for the adoption of an older child.
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Q: How long will it take to adopt a child?
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A: In an agency adoption, the process may be lengthy but well worth the wait. Depending on the workload of the agency selected, it will take anywhere from six months to a year to complete an adoption family assessment. Most adoptive placements occur one to several months after the family assessment has been approved.
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In an independent adoption, the process will vary based on when the prospective adoptive parents have been chosen by birth parents. However, the department or delegated county adoption agency must investigate the proposed adoption within 180 days after the filing of the petition.
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In an intercountry adoption, the process will vary with each country. You should contact a private adoption agency licensed to provide these services in the county where you reside to inquire about the length of the process.
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Q: How can I get referrals to appropriate agency/county adoption offices?
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A: See "Directory of California Adoptions Agencies" or contact the California Department of Social Services below:
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California Department of Social Services
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Child and Youth Permanency Branch
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744 P Street, M.S. 14-66
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Sacramento, CA 95814
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1-800-KIDS-4-US
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Q: If I find a child in another country, how can I adopt him/her?
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A: Through the Intercountry Adoption Program, licensed private adoption agencies are specially licensed to assist California residents in adopting foreign-born children who are classified as orphans by the Bureau of Citizenship and Immigration Services (BCIS). Individuals must file with the BCIS district office that serves the area where they live, the BCIS form I-600A ("Application for Advance Processing of Orphan Petition") before a child to be adopted has been identified. They must also file a BCIS form I-600 ("Petition to Classify an Orphan as an Immediate Relative") after the child has been identified. For details, view the website at www.bcis.gov or contact the BCIS National Customer Service Center at 1-800-375-5283. You may order the informational brochure "The Immigration of Adopted and Prospective Adoptive Children" (M-249N) revised in September 2000 by calling 1-800-870-3676. The Child Citizenship Act (CCA) of 2000, entitles most foreign-born children adopted by U.S. citizens to acquire U.S. citizenship automatically on the date they enter the United States as lawful permanent residents without the need to apply for citizenship.
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The child must meet the following BCIS requirements:
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- At least one adoptive parent is a U.S. citizen,
- The child is under the age of 18,
- The adoption of the child has been finalized,
- The child is a U.S. lawful permanent resident, and
- The child is residing permanently in the United States in the legal and physical custody of the United States citizen parent.
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If you are finalizing an adoption or have to re-adopt a foreign-born child after he or she has been admitted to the United States as a lawful permanent resident, the child automatically will become a citizen on the day he or she meets all of the above requirements. If you want to have documentation of the child's U.S. citizenship, you may obtain a Certificate of Citizenship by filing BCIS form N-643 "Application for Certificate of Citizenship on Behalf of an Adopted Child" with the BCIS or apply for a passport with the State Department.
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To obtain more information about California's Intercountry Adoption Program requirements, contact a private adoption agency licensed to provide these services in the county where you reside. Click here to obtain a "Directory of California Adoption Agencies".
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Q: How do I find an adoption service provider?
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A: A "Registry of California Adoption Services Providers", for purposes of independent adoption proceedings, may be obtained by calling (916) 651-8089, or writing to:
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California Department of Social Services
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Children's Services Operations & Evaluation Branch
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Adoptions Services Bureau
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744 P Street, M.S. 3-31
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Sacramento, CA 95814
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Q: What is the Interstate Compact on the Placement of Children (ICPC)?
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A: The ICPC is an agreement among the states to provide for movement of children across state boundaries for purposes of foster care or adoption. The compact governs adoptive placements of children between states, including independent adoptions. ICPC procedures must be followed and requirements met before children can be placed in another state.
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Q: What is the difference between adoption and guardianship?
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A: Adoption is the permanent legal assumption of all parental rights and responsibilities for a child. Adoptive parents have the same legal rights and responsibilities as parents whose children are born to them.
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A guardian is someone appointed by the court to care for a child until he or she is 18. If you become a guardian, the court grants you the right to make most decisions regarding the child. A guardian is not a child's legal parent and may be subject to ongoing supervision of the court. Guardianship does not give all the legal rights and responsibilities of a parent to the guardian the way adoption does to an adoptive parent. The court can make a decision about guardianship whether or not the parent agrees.
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Q: How do I establish a guardianship?
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A: To put a guardianship in place, you will start by filing guardianship papers in court. A court investigator will likely interview you, the child, and his or her parents if they are alive and available. The investigator will then make a recommendation to the judge. The judge will review the case and decide whether to appoint you, usually after a hearing. The court must find that the appointment is in the best interests of the child. If you want to name a guardian for your own children in case you aren't around to take care of them, use a will to name the person you want to take care of them.
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Q: Can I be appointed guardian if the child's parents object?
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A: As a general rule, guardianships are not granted unless:
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- Do you want the ongoing responsibilities of a legal guardianship -- including potential liability for the child's actions?
- If you'll be managing the child's finances, are you willing to keep careful records, provide a court with periodic accountings, and go to court when you need permission to handle certain financial matters?
- the parents voluntarily consent
- the parents have abandoned the child, or
- a judge finds that it would be detrimental to the child for his or her parents to have custody.
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There are some circumstances where you can get a guardianship over the parents' objections, but you'd usually have to prove that the parents were unfit. You would need a lawyer's help for this.
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Other family members -- siblings, grandparents, aunts, and uncles of the child -- are also entitled to know that you are pursuing a guardianship, and have a right to object. You should probably consult a lawyer if anyone in the child's family tells the court that they object to you becoming the guardian.
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Q: Who financially supports a child under a guardianship?
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A: Unless a court terminates the biological parents' rights (uncommon in most guardianship situations), the parents are responsible for supporting their child. In reality, however, financial support often becomes the guardian's responsibility. The guardian may choose to seek financial benefits on the child's behalf, such as public assistance and Social Security.
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Any funds the guardian receives for the child must be used for the child's benefit. Depending on the amount of money involved, the guardian may be required to file periodic reports with a court showing how much money was received for the child and how it was spent.
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Q: Are a guardian's responsibilities burdensome?
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A: An obvious but important question to ask yourself before you take any steps to establish a guardianship is whether you're truly prepared for the job. To find out, ask yourself these questions:
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- Do you want the ongoing responsibilities of a legal guardianship -- including potential liability for the child's actions?
- If you'll be managing the child's finances, are you willing to keep careful records, provide a court with periodic accountings, and go to court when you need permission to handle certain financial matters?
- What kind of personal relationship do you have with the child? Do you want to act as the legal parent of this child for the duration of the guardianship?
- What kind of relationship do you have with the child's parents? Will they support the guardianship, or will they more likely be hostile, antagonistic, or interfering?
- Will the guardianship adversely affect you or your family because of your own children, health situation, job, age, or other factors? Do you have the time and energy to raise a child?
- What is the financial situation? If the child will receive income from Social Security, public assistance programs, welfare, a parent, or the estate of a deceased parent, will this be enough to provide a decent level of support? If not, are you able and willing to spend your own money to raise the child?
- Do you anticipate problems with the child's relatives -- including parents -- who may suddenly reappear and contest the guardianship? (This is rare, but it can happen.
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It's smart to consider your options carefully before initiating a guardianship proceeding. After honestly answering the questions above, you may need to rethink your plans.
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