Foster Care Adoption Governing Laws At A Glance

Both Federal and State laws
have been developed in order to govern the legalities of adopting a foster
child. Although the Federal Government
does not have the authority to create or enforce adoption, it can assist states in encouraging adoption of foster
children. Those who become a foster parent with the desire to adopt that
foster child must undergo extensive foster parent training. These training
programs may involve various classes that are utilized to ensure that foster
parents are equipped with the skills, knowledge, and tools that they need in
order to handle the difficulties and stresses that accompany adopting a foster
child. An individual who wishes to become a foster parent must also become
certified in CPR and first-aid.

Legally,
foster parents are required to open their home to numerous, and often
unannounced, investigations in order to ensure that the home is a safe and
secure environment in which a child can live. If an investigation finds that a
foster parent is not following rules and regulations or is treating the child
improperly, then the child will be removed from the care of the foster parent
and placed in a new environment.

An
individual who chooses to become a foster parent with the intention to adopt
foster child should acknowledge that, as a foster parent, the individual may be
in a position in which they can experience severe disappointment. State laws
may regulate the amount of time that a foster child can stay with a foster
parent.

In most cases, foster children are removed from
the care of a foster parent within eighteen months. Often, children are placed
in the care of a foster parent while their birth parents seek treatment for
unacceptable behavior. When a birth parent is fit to resume caring for their
child or becomes financially stable, then the child may be returned to the care
of their birth parents.

A foster
parent cannot legally adopt a foster child until the birth parent’s parental
rights have been legally terminated. This may be an extremely long process,
which may take many years. If a court or the local child protective services
decides that it is safe for the child to return to the care of their parents,
then there is nothing that the foster parent can do to stop this reunification.
A foster parent must have the ability to let go of a foster child if needed.
Before an individual considers adopting a foster child, they should review all
of their State’s laws regarding foster care adoption.