Department of Children, Youth & Families

Original Date: September 27, 1995

Revised Date: July 1, 2023

Sunset Review Date: July 31, 2027

Approved by: Frank Ordway, Chief of Staff

Purpose

The purpose of this policy is to provide direction on:

Providing necessary information to prospective adoptive families about prospective adoptive children or youth for the adoption finalization process.
Preparing and releasing pre-adoption disclosure (PAD) folders.
Identifying available services for prospective adoptive families.
Archiving sealed adoption records for legally-free children and youth.

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) employees.

Laws

Chapter 13.50 RCW Keeping and release of records by juvenile justice or care agencies

Chapter 26.33 RCW Adoption

Chapter 70.02 RCW Medical records and health care information access and disclosure

RCW 70.24.110 Minors-Treatment, consent, liability for payment for care

RCW 74.13.031 Duties of department-Child welfare services-Children's services advisory committee

RCW 74.13.290 Fewest possible placements for children-Preferred placements

RCW 74.13.300 Notification of proposed placement changes

RCW 74.14A.020 Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict

PL 103-382 Multiethnic Placement Act (MEPA) of 1994

Policy

Adoption caseworkers:

Must:
1. Provide pre-adoption services to prospective adoptive families identified in a shared planning meeting (SPM).
2. Assess children’s or youth’s best interest when making placement decisions. Best interest is determined on a case-by-case basis. The determination is made by considering the child’s or youth’s:
  1. Physical safety.
  2. Well-being, including physical, emotional, and mental health needs.
  3. Relationship or bond with current caregivers, if applicable.
  4. Capacity of the caregiver to meet their physical and well-being needs.
3. Involve youth age 12 and older in their case decisions.
4. Maintain children’s or youth’s existing relationships with relatives of a specified degree that are not placement options when:
  1. Children or youth are dependent and legally-free. The rights of the relative of specified degree do not extend beyond adoption.
  2. A relationship with the relatives is determined to be in the child’s or youth’s best interest.
  3. Relatives of specified degree want to maintain a relationship with the child or youth.
  4. A SPM recommends the relationship continue.
5. Follow the:
  1. Identifying Adoptive Families policy.
  2. Indian Child Welfare (ICW) Policies when there is reason to know children or youth are or may be an Indian child.
  3. DCYF Administrative 13.04 Protecting Privacy and Confidential Information policy to safeguard and protect confidential information.
6. Provide:
  1. Information and guidance to prospective adoptive parents, adoptees, and employees about the adoption process and available services, when requested.
  2. The following to assist children or youth and prospective adoptive families in preparation for adoption finalization on an ongoing basis:
    1. Assessments for services.
    2. Services to support their safety, stability, permanency, and well-being.
    3. Other needed supports.
7. Verify the health, mental health, and education information for the children or youth is provided to prospective adoptive parents prior to adoption finalization.
8. Facilitate and finalize adoptions for children or youth in the placement and care authority of DCYF.
Must not deny:
1. An adoption or out-of-home placement based on the race or national origin of the prospective adoptive parents or the child or youth involved, per MEPA. This provision does not apply to nor affect Indian Child Welfare Act (ICWA).
2. Any individual above the age of 18 the opportunity to become an adoptive parent based on race or national origin.
3. Adoption services to kinship applicants based on their decision to complete an adoption home study rather than a foster care licensing home study.
4. An adoptive placement with an approved family residing outside the jurisdiction or office providing case management for the child’s or youth’s case.

Procedures

Pre-Adoption Services and Preparing and Releasing PAD Folders
1. Adoption supervisors must follow Procedures Section 1.b. in the Electronic Legally-Free Files policy within seven calendar days of the relinquishment or TPR hearings when a child or youth is legally-free.
2. EFSs must:
  1. Follow the Electronic Legally-Free Files policy.
  2. Create PAD folders when notified children or youth are legally-free.
  3. Email adoption caseworkers when PAD folders are completed.
3. Adoption caseworkers:
  1. Must:
    1. Follow the:
      1. Electronic Legally-Free Files policy when:
        
        Receiving the email from EFS to verify PAD folders are complete.
        
        Making reasonable efforts to locate records that are not already in the children’s or youth’s FamLink legally-free case file.
      2. Consent Decision Tree DCYF CWP_0006 publication to obtain the youth’s consent on the Family Genetic and Medical History-Adoption DCYF 13-041A form for DCYF to release their information to the prospective adoptive family. If youth do not provide consent:
        
        Inform adoptive parents that information exists, but DCYF cannot release it because the youth did not provide consent.
        
        Document in a FamLink case note the:
        
        Youth’s refusal to provide consent.
        
        Notification provided to the prospective adoptive parents that the information will not be released.
        
        Determine in collaboration with their supervisor and the prospective adoptive parents whether placement should be maintained or occur if the youth has not been placed, despite the lack of disclosure.
        
        Consult with the AAG if the decision has been made to either:
        
        Change placement.
        
        Proceed with the placement without full disclosure.
    2. Adhere to the following polices when releasing health care information from PAD folders:
      1. DCYF Administrative 13.04 Protecting Privacy and Confidential Information for bloodborne pathogens or other potentially infectious materials information.
      2. Psychotropic Medication Management for psychotropic medication information.
      3. Notification of Court Hearings, Providing Reports to Court, and Information Sharing with Out-of-Home Caregivers for health care information.
    3. Provide disclosure from PAD folders:
      1. That protects the identity of birth families or guardians to the selected prospective adoptive parents about a prospective adoptive child or youth, as required by the:
        
        Confidentiality laws.
        
        WACs 110-60-0180 and 110-60-0190.
      2. Following the Consent Decision Tree DCYF CWP_0006 publication.
      3. Using the Legally-Free File, Pre-Adoption Disclosure, and Redaction document.
    4. Review the following with prospective adoptive families and provide them a copy of the:
      1. PAD information, per the Legally-Free File, Pre-Adoption Disclosure, and Redaction document.
      2. Following forms:
        
        Family Genetic and Medical History DCYF 13-041 form.
        
        Family Genetic and Medical History-Adoption DCYF 13-041A and obtain their signature.
    5. Obtain their signatures on the Acknowledgement of Child’s Adoptive File Provided to Adoptive Family DCYF 10-500 form.
    6. Upload:
      1. The signed Acknowledgement of Child’s Adoptive File Provided to Adoptive Family DCYF 10-500 form in the FamLink legally-free case file.
      2. Exact copies of the disclosure information provided to the prospective adoptive families:
        
        Into the FamLink legally-free case file.
        
        Under the File Upload tab.
        
        Selecting “Adoption Specific”.
        
        Document as “Pre-Adoption Disclosure”.
    7. Continue to provide new redacted FamLink case notes and other records to prospective adoptive families after the initial PAD is provided. If this occurs, new information received must be:
      1. Provided within 30 calendar days of receipt.
      2. Uploaded to the FamLink legally-free case file.
    8. Complete the following each time new redacted information is provided to the prospective adoptive parents:
      1. Obtain their signatures on the Acknowledgement of Child’s Adoptive File Provided to Adoptive Family DCYF 10-500 form.
      2. Upload the:
        
        Exact copies of the disclosure information provided to the prospective adoptive families in Procedures Section 1.c.i.F.II.
        
        Acknowledgement of Child’s Adoptive File Provided to Adoptive Family DCYF 10-500 form in the FamLink legally-free case file.
  2. May also provide redacted adoption disclosure by following the Legally-Free File, Pre-Adoption Disclosure, and Redaction document to:
    1. Guardian ad litem
    2. Child Placing Agency employees
    3. Group care facilities employees
    4. Tribes
Adoption Finalization
1. Adoption caseworkers must complete the following after a permanent home has been identified for children or youth and DCYF supports the adoption:
  1. Continue pre-adoption services and assessments that supports their well-being and the placement in the prospective adoptive home.
  2. Refer children or youth:
    1. With complex health needs for a Wraparound Intensive Services (WISe) screen, per the WISe policy.
    2. To the following if there is reason to believe the child or youth may be eligible for the benefits or services:
      1. Supplemental Security Income (SSI).
      2. Developmental Disabilities Administration (DDA).
  3. Place them in pre-adoptive placements when the:
    1. Prospective adoptive family has an approved adoptive home study.
    2. APR process recommends them as the prospective adoptive family.
    3. Prospective adoptive family are either:
      1. A relative placement or suitable person with a court order approving placement.
      2. Foster licensed.
  4. When they are in the selected prospective adoptive home:
    1. Verify the following are in the case file, their:
      1. Birth certificate. If the birth certificate is not in the file, request a new birth certificate within seven calendar days of case assignment or identification that it is missing.
      2. Social security number. If the social security card is not in the file, apply for a social security card if the adoption is not expected to occur within the next six months.
    2. Follow these requirements, including, but not limited to:
      1. Court reports
      2. Health and safety visits
      3. Service referrals
      4. Sibling visits
      5. SPMs
    3. Document in FamLink, their:
      1. Significant physical or mental health information, including diagnoses and treatments that may be necessary to meet their needs under their Health or Mental Health tab.
      2. Education information under their Education tab.
    4. Continue to gather information on them and upload into the FamLink legally-free case file using the following categories:
      1. Correspondence
      2. Educational records
      3. Intake records
      4. Legal records
      5. Medical records
      6. Mental health records
    5. Complete the:
      1. Final review of the electronic case for physical, mental health, education, and family background information to verify all the information is included in the file. If information is missing, request the information and:
        
        Document the date of the request in a FamLink case note.
        
        Send a second request, if a response is not received from the provider within 30 calendar days.
        
        Document in a FamLink case note when there is no response from a provider 30 calendar days after the second request. Include the:
        
        Lack of response from the provider.
        
        Attempts made to collect the information from the providers on the Family Genetic and Medical History DCYF 13-041 form.
      2. Family Genetic and Medical History-Adoption DCYF 13-041A form.
    6. Discuss early implementation of adoption support with non-licensed relatives that are the prospective adoptive parents.
    7. Advise prospective adoptive parents of adoption support benefits and limitations within 30 calendar days of being selected as the prospective adoptive family by:
      1. Providing the:
        
        Contact information for adoption support.
        
        Adoption Support for Caregivers E-Learning link.
        
        Waiver of Right to Receive Written Information on Adoption Support Limitation Program DCYF 09-121 form.
        
        Adoption Support Limitations Letter DCYF 10-547 form.
        
        Link to the Post Adoption Questions and Answers or a printed copy, if requested.
      2. Discussing the similarities and differences between foster care maintenance and adoption support program, e.g. child care payments.
    8. Upload the signed copies of the following forms in FamLink:
      1. Waiver of Right to Receive Written Information on Adoption Support Limitation Program DCYF 09-121.
      2. Adoption Support Limitations Letter DCYF 10-547.
    9. Prepare the Adoption Support Packet by completing the Adoption Support Program Application Checklist DCYF 10-477 form with attachments.
    10. Email the adoption support packet to the adoption support worker with the EFS supervisor in “cc”.
    11. Compile a Lifestory Book using the Lifestory Book Instructions document with the child or youth, or provide information to the selected prospective adoptive family, so they can complete the book with the child or youth.
    12. Complete the:
      1. Post Placement Report DCYF 09-107 form. For Indian children follow the ICW Policies Chapter 8 Adoption policy.
      2. Waiver of Notice of Further Hearing DCYF 09-054 form if they are not intending to appear at the adoption hearing.
      3. Declaration of Adoption Facilitator-Indian Child DCYF 09-765 form.
    13. Consent to Adoption DCYF 09-015 form when DCYF supports adoption with the selected prospective adoptive family and the parent or guardian has not appealed the termination order. If they have appealed, consult with the AAG.
    14. Obtain written consent from the prospective adoptive youth age 14 years and older through the prospective adoptive family’s attorney.
    15. Request the Interstate Compact on the Placement of Children (ICPC) concurrence, if child or youth is placed out-of-state, from the ICPC Unit to allow the finalization of the adoption.
    16. Inform the prospective adoptive families if Supplemental Security Income (SSI) or Social Security trust funds is available for the child or youth and:
      1. Inform families to apply at the agency providing benefits, if they wish to receive the trust.
      2. Notify families that their confidentiality cannot be guaranteed if they apply for these funds.
      3. Confirm in writing from families if they do not want to apply for either type of benefit.
    17. Notify Northwest Adoptions Exchange (NWAE) and all other exchanges the child or youth is on, to remove their profile from their websites.
    18. Provide the completed adoption finalization packet to the supervisor, that includes the:
      1. Consent to Adoption DCYF 09-015 form.
      2. Copy of the selected prospective adoptive family’s home study.
      3. Original Post Placement Report DCYF 09-107 form.
      4. New Background Clearance Notification DCYF 23-037 form, per the Background Checks policy, if the home study was completed more than one year ago.
2. Adoption supervisors receiving the adoption finalization packets must review the packet for approval and verify all documents are complete. If:
  1. Approved, send the Consent to Adoption DCYF 09-015 form and other supporting documents to the adoption AA or designee.
  2. Denied, return the packet to the adoption caseworker with the reason for the denial.
3. Adoption AAs or designees receiving the adoption finalization packets must review the packet for approval. If:
  1. Approved, sign the Consent to Adoption DCYF 09-015 form and send the form and supporting documents to the adoption caseworker.
  2. Denied, return the packet to the supervisor with the reason for the denial.
4. Adoption caseworkers must:
  1. Provide prospective adoptive families’ attorneys with the following documents after adoption AA or designee approval to allow attorneys to file the adoption petition:
    1. A request for a certified copy of the adoption decree.
    2. A certified copy of the:
      1. Legal orders terminating parental rights of all birth parents or guardians.
      2. Death certificate if a birth parent or guardian is deceased.
    3. The original signed:
      1. Post Placement Report DCYF 09-107 form.
      2. Home study on the prospective adoptive family.
      3. Consent to Adoption DCYF 09-015 form.
      4. Open Adoption Agreement (OAA) or Letter of Intent, if one was agreed upon with the birth parents.
    4. A copy of the:
      1. Child’s or youth’s birth certificate.
      2. Final signed adoption support agreement and agreement for non-recurring costs reimbursement. For the child or youth to be eligible for adoption support, the adoption support agreement must be signed by all parties before the adoption decree is entered.
      3. Signed Declaration of Adoption Facilitator-Indian Child DCYF 09-765 form.
      4. Prior adoption home studies if the family has previously adopted.
Archiving Sealed Adoption Records
1. Adoption caseworkers or designees must complete the following within 30 calendar days following adoption finalization:
  1. Email the:
    1. Fiduciary to close out all payments and services effective the day before the adoption is finalized.
    2. IV-E specialist to send the IV-E file to the RIU, unless the child or youth was not receiving IV-E funds.
    3. Safety and monitoring licensor to notify them of the adoption finalization for possible licensing capacity changes.
  2. Close placement in FamLink using the day the adoption is finalized as the end date.
  3. Obtain a certified copy of the adoption decree from the adoptive families’ attorneys.
  4. Upload the adoption decree to the legally-free case file.
  5. Submit a copy of the adoption decree and receipt for payment to the assigned adoption support worker.
  6. For children or youth placed out-of-state, send the following to the ICPC worker for ICPC case closure:
    1. ICPC Report on Placement Status of Child 100B DCYF 15-093 form.
    2. A copy of the adoption decree.
  7. Request dismissal of the dependency from the AAG.
  8. Obtain the dependency dismissal order from the AAG.
  9. Document the dependency dismissal in the FamLink Legal section with legal action as “Adoption Finalization” and close the Legal section.
  10. Upload the following in the FamLink legally-free case using Type “Adoption Specific” and title “Archive”, the:
    1. Forms:
      1. Family Genetic and Medical History DCYF 13-041
      2. Signed:
        
        Family Genetic and Medical History-Adoption DCYF 13-041A.
        
        Post Placement Report DCYF 09-107.
    2. Certified adoption decree.
    3. Dependency dismissal court order.
  11. Verify PADs were provided to adoptive families are uploaded to the FamLink legally-free case file. If not, must upload.
  12. Complete Adoption and Foster Care Analysis and Reporting System (AFCARS) elements in FamLink, per the AFCARS Guides.
  13. Notify their supervisor the adoption support case is ready to be created.
2. Adoption supervisors must complete the following when the adoption caseworkers notify them the adoption support case needs to be created:
  1. Create adoption support cases in FamLink using the Adoption Support Case Quick Help Guide.
  2. Assign adoption support cases to adoption support workers in FamLink.
  3. Notify adoption workers when this is completed.
3. Adoption caseworkers must email the EFS supervisor to initiate case closure and include the:
  1. Case name.
  2. FamLink legally-free case number.
4. EFS supervisors must:
  1. Review requests from caseworkers for archiving FamLink legally-free case files.
  2. Assign requests to EFSs.
5. EFSs must complete the archive preparation for the FamLink legally-free cases when assigned by:
  1. Reviewing the files for archiving, per the EFS Guide.
  2. Requesting any required records from caseworkers that were not provided within seven calendar days.
  3. Emailing caseworkers once all the required records are received to notify them that archiving is complete and the case is ready for closure.
6. Adoption caseworkers must close legally-free cases in FamLink after receiving the email from the EFS stating the case is approved for archiving.
Archiving Cases for Youth at Age 18
Adoption caseworkers must archive records for legally-free youth not adopted at age 18 and not participating in the Extended Foster Care Program by:
1. Closing the case in FamLink within seven calendar days.
2. Sending hard-file records to the RIU, per the DCYF Administrative 13.06 Records Management and Retention policy.
Archiving Hard-File Legally-Free Cases
Adoption caseworkers must complete the following for hard-file legally-free cases created prior to the use of electronic legally-free files or before January 2019:
1. Number each volume using the ApplicationXtender (AX) Adoptive Case File Barcode Sheet.
2. Rubber-band each volume.
3. Place all volumes in an envelope or box.
4. Label envelope or box as an open legally-free case.
5. Send to the RIU.
6. Update the File Location Tab in FamLink with the following:
  1. Type: Adoption
  2. Volume: Number of volumes
  3. Location: Imaged AX
  4. Office: HQ
  5. Worker: Workers name
  6. Comments: Enter “Prior electronic legally-free case scanned to AX”
Caseworkers must follow the DCYF Administrative13.06 Records Management and Retention policy to access sealed adoption records.

Forms

Acknowledgement of Child’s Adoptive File Provided to Adoptive Family DCYF 10-500

Adoption Support Limitations Letter DCYF 10-547

Adoption Support Program Application Checklist DCYF 10-477

Background Clearance Notification DCYF 23-037 (located in the Forms repository on the DCYF intranet)

Family Genetic and Family History DCYF 13-041

Family Genetic and Family History-Adoption DCYF 13-041A (located in the Forms repository on the DCYF intranet)

Consent DCYF 14-012

Consent to Adoption DCYF 09-015 (located in the Forms repository on the DCYF intranet)

Declaration of Adoption Facilitator-Indian Child DCYF 09-765

ICPC Report on Placement Status of Child 100B DCYF 15-093

Post Placement Report DCYF 09-107 (located in the Forms repository on the DCYF intranet)

Waiver of Notice of Further Hearing DCYF 09-054

Waiver of Right to Receive Written Information on Adoption Support Limitation Program DCYF 09-121

Resources

Adoption Planning Reviews (APR) policy

42 CFR 671a State Plan for Foster Care and Adoption Assistance

42 CFR 5106a Grants to States for Child Abuse or Neglect Prevention and Treatment Programs

Adoption Recruitment Services Graph CWP_0054 publication

Adoption Support Case Quick Help Guide (located on the CA intranet, Computer Help, FamLink Knowledge Web, Training, and Supervisory Quick Help Guides)

Adoption Support policy

Alliance for Child Welfare Adoption Support E-Learning for Caregivers

Background Checks policy

Case Transfer policy

Children's Bureau Determining the Best Interests of the Child

Children's Bureau Helping Your Child Transition from Foster Care to Adoption

Consent Decision Tree DCYF CWP_0006 publication

DCYF Administrative 12.04 Acceptable Use of Information Technology Resources and the Internet policy

DCYF Administrative 13.04 Protecting Privacy and Confidential Information policy

DCYF Administrative 13.06 Records Management and Retention policy

DCYF Adoption Internet Webpage

DCYF Risk, Litigation, and Records Management Intranet Webpage