Georgia Adoption Law: Impact On Foster Care

If you're considering adopting a child from foster care in Georgia, there are several important legal guidelines and requirements to keep in mind. The foster care system in Georgia is overseen by the Department of Human Services (DHS) and its Division of Family and Children Services (DFCS), with the primary goal of ensuring children's safety from abuse and neglect. While the ultimate aim is to reunite children with their biological families, foster care adoption is possible when children cannot be placed back with their birth families. Here's an overview of the topic, including the qualifications, process, and support services available for prospective adoptive parents in Georgia.

Foster care adoption vs. private adoption

Adopting a child is a life-changing decision and a generous act that gives a child in need a safe and loving home. There are two primary types of adoption: private adoption and foster care adoption. In Georgia, the Department of Human Services (DHS) oversees foster care adoption through its Division of Family and Children Services (DFCS).

Private Adoption

Private adoptions can be arranged through an agency or an attorney and can occur domestically or internationally. Private adoptions give prospective birth mothers control over their adoption decision, and they can legally change their minds at any point until they sign their consent. In private adoptions, prospective parents can connect with birth parents to find the best fit for them. The average cost of private adoptions ranges from $20,000 to $45,000, with some sources citing a range of $25,000 to $40,000. This cost covers various services, including home studies, court and legal fees, counselling, and medical expenses.

Foster Care Adoption

The primary goal of foster care is to reunite children with their biological families, and this is the outcome for most children in the system. However, in cases where reunification is not possible, foster care adoption may be an option. Foster care adoption involves working with a public child welfare agency or a state-contracted private agency to identify children in foster care who are waiting for adoptive homes. In Georgia, the Division of Family and Children Services facilitates these adoptions.

Key Differences

Wait Times

Private adoptions typically have shorter wait times, averaging around 12 months, while foster care adoptions can take anywhere from immediately to 5 years, depending on the situation.

Uncertainty

Both types of adoption carry some uncertainty. In private adoptions, the uncertainty lies in the possibility of disruption, as birth mothers can change their minds at any time before signing their consent. In foster care adoptions, the uncertainty stems from the possibility of reunification with the child's biological family, which is always the priority.

Age of the Child

Private adoptions usually involve infants, with over 99% of placements being newborns or infants. In contrast, foster care adoptions involve older children, with an average age of 7.7 years old for children in foster care and 6.6 years old for those exiting foster care.

Biological Parent Involvement

Private adoptions allow for more interaction with the birth parents, as most domestic adoptions are at least semi-open, allowing for the exchange of pictures, letters, and contact information. In foster care adoptions, biological parent involvement varies and is often limited due to the circumstances leading to the adoption.

Cost

Private adoptions tend to be significantly more expensive than foster care adoptions, which may be free or have minimal costs. Federal and state adoption assistance programs are available for foster care adoptions, especially for children with special needs, to encourage placements and minimize financial obstacles.

Both private and foster care adoption options are noble ways to welcome a child into your home. The choice depends on the adoptive parents' unique goals, preferences, and circumstances. It is essential to carefully consider the differences between the two options and seek information from relevant agencies to make an informed decision.

Legal guidelines for adopting from foster care

Adopting a child is a legal process that allows an individual to join a family, earning the same rights and status as those born into that family. In the state of Georgia, there are specific legal guidelines that must be followed when adopting a child from foster care. Here is an overview of the process and the requirements that need to be met:

The Role of the Department of Family and Children Services (DFCS)

The Georgia Department of Human Services, Division of Family and Children Services (DFCS) oversees foster care adoption in the state. The DFCS works with families directly, rather than through private adoption agencies. The DFCS will determine whether a child needs to be placed in foster care due to safety concerns and will facilitate the process of reuniting them with their biological families. However, if a child cannot be placed back with their birth family, the DFCS will handle the foster care adoption process.

Eligibility Requirements for Prospective Adoptive Parents

To adopt a child from foster care in Georgia, prospective parents must meet certain qualifications. These include:

• Being at least 21 years old or married and living with their spouse.
• Being at least 10 years older than the child, unless the individual is a step-parent or relative.
• Being a resident of Georgia or meeting specific criteria for non-residents.
• Demonstrating financial, physical, and mental capability to have permanent custody of the child.
• Completing a two-hour orientation and a 24-hour pre-service training program.
• Undergoing criminal background checks and medical exams.
• Providing proof of current residence and financial stability.
• Completing a home evaluation to ensure safety requirements are met.

Adoption Assistance

The state of Georgia offers adoption assistance to support the placement of children with special needs into permanent adoptive homes. Children with special needs are identified as those who have been in foster care for more than 24 months, have physical, mental, or emotional disabilities, or are part of a sibling group of two or more. Adoption assistance provides financial support, including monthly payments, Medicaid/Amerigroup coverage, and non-recurring funds of up to $1,500 per child to cover one-time expenses.

Finalizing the Adoption

Adoptions can be finalized efficiently, but it is important to ensure that all legal guidelines have been met and the correct paperwork has been filed. The DFCS will give written consent for the adoption to proceed once the biological parents' rights have been terminated. Working with a specialized adoption attorney can help ensure that all requirements are met and facilitate a smooth adoption process.

Qualifications and requirements for prospective adoptive parents

The process of becoming a foster or adoptive parent in Georgia is not complicated, but prospective parents must meet certain qualifications and requirements. The first and most important step is to seek information about making a child a part of your family. This includes attending an information session and contacting agencies and your county family services office.

Prospective foster and adoptive parents in Georgia must be willing and able to care for a child and meet their basic needs. They can be single or married and may own or rent their home. However, they must be financially, physically, and mentally able to have permanent custody of the child.

• Be at least 21 years of age or married and living with their spouse. If single, the age requirement is 25 years.
• Be at least 10 years older than the child, unless the individual is a step-parent or relative of the child.
• Be a resident of Georgia at the time the petition for adoption is filed or be a resident of the receiving state when the child is either born in Georgia or is a resident of Georgia at the time of placement for adoption and was placed in another state following the Interstate Compact on the Placement of Children (ICPC).
• Complete a two-hour orientation in the local county office or via the internet.
• Complete pre-service IMPACT Family-Centred Practice training.
• Complete a medical exam, fingerprint checks, and child welfare and criminal records checks/screenings. If you have not been a resident of Georgia for at least five years, you must be screened in the Child Abuse and Neglect registry of each state of prior residence.
• Provide proof of current residence and financial stability.
• Complete a home evaluation, which includes documentation that the family meets all the requirements. The case manager will make at least two home visits to gather additional information and assess the home safety requirements.

It is important to note that if you are already fostering the child you wish to adopt, the process may be easier as the Georgia Department of Family and Children Services (DFCS) will already have a good understanding of your suitability as an adoptive parent.

Additionally, if the child has special needs, is part of a sibling group, or has been in foster care for more than 24 consecutive months, you may be able to receive adoption assistance to support the placement and transition.

Support services for adoptive parents

Some post-adoption services are only available for families who have adopted special needs children through Georgia's Division of Family and Children Services (DFCS). However, there are other supportive services available to all adoptive families residing in Georgia, such as the Georgia Center for Resources & Support (GACRS). GACRS is a valuable resource for adoptive parents, providing a directory of resources, a calendar of relevant events and trainings, virtual certificate trainings, and an online lending library. Regional Resource Advisors are also available to provide advice, support, and training.

Adoptive parents in Georgia can also benefit from the Adopted Teen Empowerment and Mentoring Program (ATEAM), Crisis Intervention and Support Services, the Georgia Adoption Reunion Registry, and other supportive resources. Additionally, there is a tax credit of $6,000 for the adoption of a qualified foster child, which changes to $2,000 per taxable year for five years after the initial credit.

Furthermore, the Division of Family and Children Services offers an Adoption Assistance program to support the placement of children with special needs into permanent adoptive homes. This program provides financial and other forms of support to families who choose to adopt children with special needs. Monthly adoption assistance benefits, Medicaid/Amerigroup coverage, and non-recurring funds are available to help cover the costs of adoption and ongoing needs.

The state of Georgia also offers a range of other supportive services, including the Georgia Independent Living Program (ILP) for adopted youth transitioning to independence, and the Teen Adoption and Guardianship Support (TAGS) program, which provides mutual support and self-expression for adopted teens.

Adoption assistance and financial support

Adopting a child in Georgia comes with several financial considerations. Prospective parents must be able to meet their own basic needs and those of the child, and there are various costs associated with the adoption process. However, there are also many resources available to provide financial and other forms of support to families adopting from foster care.

The Adoption Assistance program, for example, provides support for the placement of children with special needs into permanent adoptive homes. Children are identified as having "special needs" when they meet at least one of the following criteria at the time of adoptive placement:

• The child has been in the care of a public or private agency or individual other than their legal or biological parent for more than 24 consecutive months.
• The child has a physical, mental, or emotional disability, as validated by a licensed physician or psychologist.
• The child is a member of a sibling group of two or more placed in the same home for adoption.

Adoption Assistance must be applied for and approved, with an agreement signed before the adoption is finalised. The types of assistance available include:

• Ongoing monthly payments to the adoptive parent(s), not exceeding the amount the child would have received in a family foster home placement.
• Medicaid/Amerigroup coverage, which continues if the child is placed for adoption in another state or moves with the adoptive family to another state.
• Non-recurring funds of up to $1,500 per child to cover one-time adoption-related expenses such as legal fees and court costs.

In addition to the above, the state of Georgia offers a tax credit of $6,000 for the adoption of a qualified foster child. This credit is available for five taxable years and then changes to $2,000 per taxable year until the child turns 18. Adoptive parents should consult with a tax professional before filing.

The Federal Adoption Tax Credit is also available for families who meet the eligibility requirements, including the adoption of a child who meets the "special needs" criteria.

Furthermore, the Georgia Center for Resources & Support (GCARS) provides a range of information and resources for adoptive and foster parents, including a directory of resources available in Georgia, a calendar of upcoming trainings and events, virtual certificate trainings, and access to a lending library. Regional Resource Advisors are available throughout the state to provide advice, support, and training.

Other community resources that can provide support for adoptive and foster families include:

• ADOPTS Services Program by Bethany Christian Services, offering trauma-informed counselling for children who experienced abuse or neglect prior to adoption, as well as coaching for adoptive parents.
• Georgia Independent Living Program (ILP), which provides life skills workshops, financial assistance, and advocacy for adopted youth aged 18-21 who were in foster care past the age of 14.
• Childcare Assistance through the Department of Early Care and Learning (DECAL), which meets the childcare and early education needs of children in Georgia.

Frequently asked questions