STANDARDS FOR ADOPTION PRACTICE

Position Statement

CAAA believes that a uniform standard of adoption practice is necessary to ensure that the best interests, needs and rights of children and other parties to the adoption process are met. These standards must apply to agency, independent and inter-country adoptions. These standards must include:

A. Professional Staffing

B. Counseling Birth and Adoptive Parents

C. Continuing Education Requirements for Staff

D. Support Services

Goal

A uniform Adoption Standard that will ensure that every adoption a gency is adequately staffed to provide quality adoption services.

1. That all birth parents receive an advisement of their rights from a licensed adoption agency prior to a child being placed for adoption. Birth parents should, by this means, be informed about all of their options concerning different types of adoption, as well as resources which might enable them to raise their children themselves.

2. That all birth parents be offered adequate counseling from a mental health professional familiar with adoption issues as part of the process of planning for adoption of their child.

3. That adoptive parents and potential adoptive parents (i.e. foster parents) receive counseling and preparation for adoption through a home study process prior to placement.

4. That careful preparation through preplacement visits, comprehensive medical and social history and counseling is done for every child placed in an adoptive family,

5. That every child be placed in a family setting that can provide continuity between family of origin and the adopting family.

6. That all adoption staff involved with direct counseling, decision making regarding placement, program or policy responsibility, must possess a Master's Degree in Social Work or Family Counseling.

7. That continuing education be required to maintain and update skills and knowledge.

8. That all adoption placement counseling be done by licensed adoption agencies or qualified adoption counselors with adoption experience.

9. That post adoptive services he available to all members of the adoption triad.

Activity

1. Advocate for legislation which would establish the principles set forth in this platform.

2. Advocate for adequate funding of adoption programs.

3. Advocate for legislation to encourage, support, and set standards for a statewide system of regional Post Adopt Services.

4. Advocate for continuing education requirements dealing specifically with adoption issues.

LICENSED AGENCIES' ROLE IN ADOPTION

Position Statement

Adoption is an area of social work practice that addresses specific and unique issues in family building. In addition to professional social work education, there is a body of knowledge in the adoption community that uniquely qualifies adoption agencies to be the primary providers of adoption service.

The California Association of Adoption Agencies strongly supports California law and practice that requires adoption services to be provided by either public agencies or State supervised non-profit agencies. Adoption should not be susceptible to exploitation of birth parents, children, or adoptive parents.

Licensed adoption agencies are accountable to the communities they serve. Both public and private licensed agencies are regulated by the State licensing authorities. Also, private licensed adoption agencies are accountable to the community through their representative Boards of Directors.

Non-profit agencies provide continuity in knowledge, peer supervision of practice, on going professional training, sensitivity to changing social customs, and dedication to serving the best interests of the adoption triad.

Among private licensed agencies, there are many choices for prospective adoptive parents, Potential adoptive parents typically "shop" until they find a program they feel meets their needs. They are informed consumers. There are options as to costs, philosophy, religious affiliation or lack thereof, and the formality or informality of how the process is pursued. With this diversity, there remains the protection of children's rights and the rights of the adults involved. This combination of diversity, user-friendliness and maintenance of professional standards in a specialized field, can only be maintained by State licensed non-profit adoption agencies,

Goal and Activity:

1. Support the present California system of State supervised nonprofit adoption agencies.

2. Oppose efforts that would permit unregulated and unlicensed for-profit groups or individuals to perform adoption agency functions.

FUNDING OF ADOPTION PROGRAMS

Position Statement

The California Association of Adoption Agencies knows that in order to fully serve and protect children in need of permanent homes and ensure the protection of rights and responsibilities of all adoptive parties, adequate funding must be available through private and public sources.

Goal

To increase the amount of State and Federal funds available for both public and private adoption services for special needs children

Activity

1. Advocate for an allocation of State funds that will provide for sufficient number of personnel with appropriate qualifications to carry out the responsibilities of providing adoption services.

2. Advocate for continuous allocation of State funds to Adoption Exchange activities

3. Advocate for an ongoing allocation of State funds for both public and private licensed adoption agencies sufficient to expand the recruitment of families for all children in need of homes.

4. Advocate for full reimbursement of cost to public and private agencies for the placement of special needs children.

5. Advocate for funding to provide adequate maternity care.

6. Advocate for funds to expand public relations activities that will inform the public about special needs adoptions.

7. Advocate for funds for education stipends for adoption staff in both public and private agencies to upgrade and maintain knowledge and skills.

8. Advocate for a realistic adoption workload yardstick (time study) for reimbursement of public agency adoption activity cost, and for private agency costs in cooperative placements of special needs children.

PERMANENCY PLANNING

Position Statement

The California Association of Adoption Agencies believes that every child has a right to grow up in a nurturing family with the opportunity to achieve his or her potential. When the child's birth parents are either unwilling or unable to provide the nurturing care essential to children, that child should he provided with a replacement family as expeditiously as possible, with permanent placement with a suitable relative or adoption being the most desirable plans.

Goal

To improve communication between public and private licensed adoption agencies in order to assure that permanent plans are established for every child that cannot be reunited with his or her birth family.

Activity

1. Support funding of family preservation so that serious efforts are made to maintain children in their birth families.

2. Support legislation which would strengthen guardianships by relative and to provide assured funding to support guardianship by relatives.

3. Advocate for adequate funding of permanency planning service activities.

4. Support legislative and regulatory reforms which would balance the right of the child for healthy emotional development versus the birth parents' rights for reunification services, in favor of the child's needs.

5. Support legislative and regulatory reforms, with adequate funding, which would require that the situations of all children in long-term foster care be periodically reviewed for a determination of the appropriateness of adoption.

ADOPTION ASSISTANCE PROGRAM [AAP]

Position Statement

The California Association of Adoption Agencies believes that the Adoption Assistance Program in California is an essential proactive service to ensure that all children who need permanent homes can be adopted The program allows families to incorporate children with significant and serious preexisting health and emotional conditions while protecting the child's eligibility for necessary services. It also allows foster families of ordinary means to offer a child a chance at adoption.

Goal

To acknowledge that the rapid increase in the use of AAP and the rise of AAP expenditures is evidence of the success of this program. To acknowledge that every child who receives AAP is a child who has a permanent family as opposed to a childhood spent in foster care. To encourage the wise use of this program on behalf of permanency for children.

Activity

1. Support and sponsor legislation which will develop a standardized approach to the provision of AAP services, recognize the individual needs of children, and utilize available community resources.

RECORDS AND CONFIDENTIALITY

Position Statement

The California Association of Adoption Agencies is committed to openness in adoption. As adoption professionals, birth parents, adoptees and adoptive parents, we believe that secrecy which denies adult adoptees access to their genealogical and medical histories is not in the best interest of the individuals concerned or of society.

We recognize, however, that past adoption practice which emphasized complete

confidentiality of records, resulted in either explicit or implied commitments by agencies to birth parents, which the agencies must honor.

We strongly support the concept that all adoptions now taking place be entered into with full understanding that every adoptee shall have the right, upon reaching adulthood, to full information regarding his or her biological identity, and easy access to his or her original birth certificate. We also support educational efforts which encourage birth parents, birth siblings, and adult adoptees to register their desire for contact with each other under current California law.

Goal

That every adult adoptee seeking information about his/her adoption should be able to secure his/her original birth certificate and to secure all known medical and genealogical history about himself or herself.

The achievement of these goals should be diligently pursued. However, their pursuit should not compromise commitments of confidentiality made to birth and adoptive parents by agencies when adoption law and practice mandated complete confidentiality.

Activity

1. Continue to support legislation that assists adoptees to obtain full and easy access to their own medical history and that of their family of origin.

2. Continue to advocate for complete openness in adoption insofar as practical, and to make all adoptive placements open adoptions, except when there is a compelling reason to do otherwise (example: parental rights terminated by Court action due to dangerous behavior of birth parent).

3. Support efforts to inform adult adoptee and birth parents that they can make contact with each other through the Adoption agency or the State Adoptions Branch.

INDEPENDENT ADOPTION

Position Statement

California law currently permits independent adoption (those not involving the services of a licensed agency) with the understanding that the birth parents in fact select the adoptive parent or parents for the child.

Independent adoptions are usually facilitated by attorneys, religious groups, or unlicensed organizations, who operate with no public accountability until after the child has been placed in the prospective adoptive home. Under current law, an after-the fact home study is done by the State Department of Social Services or by a designated County public adoption agency.

The California Association of Adoption Agencies believes in the right of birth parents to place their child, and for adoptive parents to adopt, through a process whereby the birth parents select the adoptive parents.

We strongly believe, in conjunction with this position, that the birth parents, the adoptee and the adoptive parents should be entitled to services prior to and following the adoptive placement.

These services should include impartial advisement of birth parents as to their rights, and the alternatives available to them in planning for their child. counseling to address and resolve mental health issues involved in making an adoption plan should also be offered the birth parents.

Goal

1. Provide professional adoption service to birth parents and persons considering adoption.

2. Work jointly with attorneys, physicians and others involved with the independent adoption to ensure that:

a. Birth parents receive impartial advisement of rights and counseling

prior to and after consent;

b. Relinquishment services are provided to miners; and

c. Home studies and preparation of adoptive parents are completed prior to the placement of a child in an adoptive home.

Activity

1. Work cooperatively with the State Adoption Branch to implement the Identified Adoption Act of 1992 (AB 3456).

2. Support legislative or administrative efforts to bring about a cooperative approach to independent adoption placements.

3. Support and/or sponsor legislation that would mandate the advisement of rights and the offer of counseling for all birth parents by a licensed adoption agency, and require a pre-placement home study by a licensed adoption agency for all adopting parents.

ADVERTISING

Position Statement

The California Association of Adoption Agencies supports and upholds the restriction on advertising by unlicensed intermediaries to the adoption process as stated in the California Civil Code (CC224p). Current law prohibits any unlicensed organization or individual from advertising in any periodical, newspaper, by radio, or other public medium, that such individual or organization will place children for adoption, or accept, supply, provide or obtain children for adoption, or cause any advertisement to he published in or by any public medium soliciting, requesting or asking for any child or children for adoption.

The California Association of Adoption Agencies affirms that children are not for sale and should not be the subject of advertising efforts by unlicensed individuals or intermediaries who are in search of adoptable children. Advertising should continue to be restricted to only those properly licensed adoption agencies who have professional services available in accordance with the standards set forth under California law. Any effort to legalize "free for all" advertising in California will be opposed as an endangerment to children.

Goal

The enforcement of current law by the State of California.

Activity

1. Call violations to the attention of responsible public officials.

2. Oppose legislation that would permit adoption advertising in California.