DSS: 15 Months in Foster Care

One of the grounds to terminate a parent's rights is if the child has spent 15 of the last 22 months in foster care.

The Courts in ruling on this ground for termination of parental rights will need to ask why the child has been in foster care for 15 months and is this delay in reuniting the child with the parent or parents the fault of someone other than the parent or parents. The facts concerning the delay are key to whether or not you can terminate the parents' rights on this ground.

In a recent South Carolina Supreme Court Case, the Court stated that "[w]here there is 'substantial evidence that much of the delay...is attributable to the acts of others,' a parent's right should not be terminated based solely on the fact that the child has spent greater than fifteen months in foster care."

You can find the above-mentioned opinion at http://www.sccourts.org/opinions/advSheets/no352011.pdf at page 14 through 25.

 

Steps to Adoption Through Department of Social Services

Steps to become an adoptive parent

  • Contact one of the Department of Social Services' regional offices to inquiry and receive application.
  • Application completed and returned to the regional office which serves your resident county.
  • Complete SLED/ Fingerprints and Child Abuse Central register releases on all members of household 18 years and older.
  • Attend 14 hours of preparatory training to help with self evaluation of the types of children which would fit into your family.
  • Fire and sanitation inspections completed on home by the Fire Marshal and DHEC.
  • Home Visits: adoption specialist visits the home and completes interviews for pre- placement investigation.
  • Three/ Four References received and interviewed by adoption specialist.
  • Medicals are required on all family members.
  • Provide copies of birth certificates, Marriage license and divorce petitions and decrees if applicable.
  • During assessment family and agency assess qualifications and readiness to adopt.
  • Approval received and family considered for children along with other approved and waiting families.
  • Placement committee selects family and notifies family and family is presented full background on child/ children for whom family is selected.
  • Family meets child and begins visitation with child.
  • Placement occurs when child and family are ready for move.
  • Post placement period begins and can continue up to 12 months..
  • Finalization of the adoption in Family Court.
  • Adoption Preservation services are available upon request after the finalization of the adoption. Adoption is a lifelong process, counseling and other referral services may be available to the family as needed and requested by the family.

Thinking About Adopting an Older Child?

I think adoption can be a wonderful process in which a family is legally made. As most of us who have families are aware it take more than a piece of paper to make a family a family, and under the best of circumstances, raising children can be and in most instances is a challenge.

I hope that those of you who are thinking about adopting an older child are keeping in mind the child you are adopting has a history. Some of the older children that are in the Department of Social Services custody or in an orphanage in a foreign country have been abused and neglected; this abuse and neglect leads to psychological issues that may be very trying on your already existing family.  

The question is not whether older children should be adopted or not; the question is are you and your family ready to adopt an older child.

The Department of Social Services provides 14 hours of training and evaluation to help you determine which type of child is best suited for your family; this services is offered for those parents that are seeking to adopt through the Department of Social Services. More information can be found at this link concerning the adoption of children in the Department of Social Services custody.

I make sure my clients know that once they have adopted the child, the child is theirs. I do this at the initial interview and on the record at the final hearing. You cannot give the child back without adverse legal consequences; you cannot just put the child on a plane and expect life to return to "normal." 

Before you adopt a child, please make sure you and your family are ready and willing to take on the challenges that come with having a new family member. This is especially true with older children; their customs, traditions, and worldview may be very different from yours; unneeded conflict may arise if you have not prepared yourself to weather any potential storm.

Adoption is a wonderful opportunity to create a family through law; let's keep it that way.

 

DSS Documents for Safe Havens

In my blog posting Safe Havens' Responsibility Under Daniel's Law, the code mentions that the Department of Social Services must provide the safe havens with documents to help the safe havens comply with the statute.

You can obtain those forms at your local Department of Social Services office. The following link is the Department of Social Services Locator, https://dss.sc.gov/content/about/counties/index.aspx. Once you have opened the link and clicked on your County, the contact information will display.

Please contact my office at 843-267-0906 if you need any help obtaining the necessary documents to comply with Section 63-7-40 of the South Carolina Code of Laws, as amended.