Adoption Guardianship and Emancipation ADOPTION DEFINITIONS n Establishment

Adoption, Guardianship, and Emancipation

ADOPTION DEFINITIONS…. . . n Establishment of a parent/child relationship through a legal process. q q n n Permanent (“forever family”) Transfer of al rights and responsibilities from the biological parents Adoption creates a legal family for children when the biological parent is unwilling or unable to parent Pathway for many adults to expand their family

Introduction n n n According to Pecora et al. we adopt more children than the rest of the world combined 2. 8% of US households have an adopted child (U. S. Census Data, 2011) 2, 072, 312 children are adoptive (US Census, 2010) About 50 K foster children a year are adopted. The numbers have been stable since 2004 (AFCARS, 2014). 5, 322 CA foster children were adopted in 2013). The number have been declining (high of 7, 308 in 2004). Clear policy preference for adoption expressed in law and tax code q q Seen as public good supported by tax credits (maximum of $13, 390 per child in 2014) Foster adopt supported by subsidies particularly for health care

Number of Adoptions in the US Over Time (American Academy of Child and Adolescent Psychiatry)

Trends in Adoption n n Adoption trends and policy driven by social values, demographics, and reproductive trends After a 50 year period of increasing adoptions (mid-1930’s to mid-1980’s), adoptions have been declining q The exception to the decline was a an uptick in adoptions from 1999 -2005, then the decline resumed

Reasons for the Fluctuation in Numbers n n In the first part of the 20 th Century adoption rare and viewed as “unnatural” …. stigma Post-WWII Era q q q Diminished stigma…and increase in the sentimentalizing of adoption Family Zeitgeist of the post-war era Availability of children internationally (Globalization) n n q Displaced European orphans & later Korean children Availability depends on the economic and political situations in source countries Rise of white middle class out-of-wedlock childbearing… surrender of children for adoption

Reasons for the Fluctuation in Numbers n 1970 -1990’s q q Availability of means to control reproduction and fertility… including abortion Disappearance of available white infants n n n 19% of White females who had a child out- of-wedlock relinquished their child in 1973. In 1993 that figure was 2% Law of supply & demand. Interest in non-white & special needs infants

Reasons for the recent decline in adoptions n n n See family trends discussed earlier in the course The economy Decline in inter-country adoptions (ICA) Fewer children in foster care… but still a whole lot of children are waiting Fertility treatments … rates of infertility and impaired fecundity have declined (CDC, 2012)

Types of Adoption Providers n n Public Agency…increasing as a proportion of all adoptions Private Agency (not-for-profits) q q q n Fees Accreditation Largely social work administered Independents q q q q Placement with families without agency intervention Intermediaries… usually lawyers but other helping professionals involved Specialty… infant adoption Least amount of supervision and regulation Controversial… 4 states have banned them (CO, CT, DE, MA) Active role for the birth and adoptive mother/parents which is one of the attractions of this type of provider Have been in decline since the 20’s, but revived somewhat since the 1970’s. In 1950 they were about ½ of adoptions and today they are about 1/3

Types of Adoption n Stepparent q q q Administered separately from other adoptions… overseen in the Superior or probate court… may involve the distribution of property Not seen as carrying the same set of issues as other adoption A substantial portion of adoptions

Independents n Arguments for use of independents: q q q n time…a way to speed up process avoid selection process… though a good lawyer will make sure the prospective parent meets all requirements (home study) Involvement of birth & adoptive parent Arguments against the use of independents: q q “baby selling” Parent centered (who is the client)

Types of Adoptions n Agency or Relinquishment Adoptions q n Voluntary or non-voluntary legal severance of parental rights by the courts under the supervision of public child welfare agency Inter-Country q Adoption of foreign-born children… small but significant number n q q n In decline Controversy… trafficking, protecting bio parent’s right, protecting culture, & are they orphans? Often done w/ deep resentments from many w/in the country from which the children are drawn Special Needs q About 37% of adoptions involve former foster children

Differences Between Adoptive Children and All Children (Child Trends, 2013) n Are somewhat older than their peers q n n n Just 6% under 3 vs. 16% in the general population Are less likely to be White than their proportion in the general population (37% vs. 56%) or Hispanic (15% vs. 20%) More likely to be Black than their proportion of the general population(23% vs. 14%) Less likely to be poor (12% vs. 18%), and more likely to be middle class after adoption Better developmental outcomes, particularly when compared with youth in foster care or reunified children More likely to have health problems. However, more likely to have health insurance than children in the general population

Differences Between Adoptive Children and All Children (Child Trends, 2013) q No differences noted on family structure Slightly more likely to have a behavioral or mental health problem (p<. 10) q Are 2 x as likely to be special needs children q

Foster Youth Compared (National Survey of Child Health & National Survey of Adoptive Parents, DHHS, 2009) All Children All Adopted 19% 39% 54% 32% Relative Adopt 24% 23% 41% Adopter Knew Child 33% 40% 44% Special Needs Foster Adoption Received Subsidy 78% Foster Parent Adopt 69% Private Adoption Int’l Adoption 29% 4%

Reasons for Choosing to Adopt (National Survey of Adoptive Parents, 2009, DHHS) Public Private International Desire to provide a permanent home for a child 86% 70% 90% To expand the family 61% 60% 92% Infertility 39% 52% 72% Wanted sibling for a child 24% 16% 36% Had adopted child’s siblings 11% 7% ---

Cost to the Parent of Adoption (Child Information Gateway (USDHHS, 2014) n Public Agency Adoption… 0 -$2500 q q n Non-profit agency… $10, 000 -- $25, 000 q n n Average subsidy is $792 per month 56% were cost free (NSA, 2009) 22 % were no cost Independents … $20, 000 -$40, 0000+ International adoption… $20, 000 -- $40, 000

CLASS & ADOPTION n n In most cases adoptions are completed by people who can afford to spend the large amount of money that it takes to complete the process Generally the process involves transferring a child to an economic status that represents a vast improvement over their biological parent’s q n n Social advantage perspective Class and power dynamics involved Competing perspectives: Permanency vs. cultural continuity & family preservation

HISTORIC PURPOSES of ADOPTION n n n Heirs Political and economic interests of the adopters Labor Infertile couples Finding homes for children born out-ofwedlock Finding Homes for Unlucky children

POLICY MILEPOSTS n Texas (1850) § n adoption by deed Massachusetts Adoption Act (1851 q First modern adoption law. Stated that adoption had to be in the best interest of the child - Judicial approval…determines fitness & match - With written consent of biological mother - Dissolution of ties w/ the bio mother n Michigan (1891) -investigation

POLICY MILEPOSTS Children’s Code of Minnesota (1917) - Model law for other states - Required social workers do the investigation …development of a social work technology, the home study - Probationary period before the adoption is final - Sealing of records…secrecy…(shame & stigma) n Chicago Juvenile Association (1917) study finds that adoption is a “commercialized business in Chicago”…social workers along w/ other progressives seek to close private adoptions down in favor of bringing adoption into the legal domain w/ a central role for social workers

POLICY MILEPOSTS n Columbia University School of Social Work (1920’s) produces a manual and curriculum on adoption practice q n n Prestige social work Increasingly adoption in hands of public & private child welfare agencies who screen & choose parents & match with child n “Normal” & middle class n Focus on “adoptable” children…infants w/o problems By 1929 most states pass laws that required adoption to promote “the best interests of the child. ”

TRADITIONAL ADOPTIVE PARENT n n n Married (2 parent) Between 35 & 45 Good physical and mental health Infertile & adjusted Religion Middle Class

POLICY MILEPOSTS n n Children’s Home Society (1953) begins a program in NC to place older institutionalized children in adoptive homes ICWA (1978) q n Recognition there is a set of class & culture issues related to adoption 1980 AACWA brings the policy mandate to increase relinquishments by bio-parent and emphasize the adoption of children previously considered unadoptable… reaffirmed by ASFA of 1997 q q Subsidies Loosening the biases in parent selection

POLICY MILEPOSTS n n n With AACWA & ASFA underscores a federal policy preference for adoption This preference is also visible in the tax code, federal changes for SSI benefits Interest in removing disincentives to adopt. It should not cost a family to adopt q q Subsidies Tax credits

Multi-Ethnic Placement Act (1994) n n n n Senator Howard Metzenbaum, OH Response to data that 1/3 of children would never go home from foster care Prohibits any agency receiving federal funds “to categorically deny to any person an opportunity to become an adoptive or foster parent, solely on the basis, color, or national origin of the adoptive parent or the child involved…” Also required “diligent recruitment of potential adoptive or foster parents that reflect the ethnic and racial diversity of the children and state for whom adoptive and foster children are needed. ” Initial versions of the bill said agencies could consider the adoptive parents capacity for meeting the cultural needs of the child but this was eventually struck form the bill States could be fined for violating the mandates of the law Permanency and social advantage perspectives Does not affect ICWA

NASW & CWLA POSITION ON RACE AND ADOPTION n n Race and cultural counts But should not be a primary consideration in decision making… best interests Motivation and sensitivities of adoptive parents need to be examined Most children are adopted by someone of the same race

NBASW POSITION ON RACE AND ADOPTION n Opposed because: - “cultural theft” …used the term genocide at the formation of the NBASW in 1972 to describe adoption, but in 1994 the term was dropped. q - but still recommends same race placements Rationale: - developmental issues - coping with racism - bias of agencies would limit them from seeking Black adoptive families

% Distribution of Adopted Children by Race and Hispanic Origin (National Survey of Adoption, 2009, DHHS)

Children Adopted with Public Agency Involvement FY 2013 (AFCARS)

NON-TRADITIONAL ADOPTIONS EXPANDING THE POOL n n n n Becoming more flexible and dropping biases Single parent Foster parent - legal risk - fost-adopt Older Kin Gay & Lesbian parents… about 4% of adoptions (UCLA’s Williamson Inst. , 2007) Provide subsidies for lower SES

Households with Children in the US (Source: Life Long adoptions, 2013) Households with children Biological only Step only or adopted only Combination Married Opposite-Sex Couples Unmarried Opposite-Sex Couples Same-Sex Couples 22, 872, 151 2, 267, 016 94, 627 90. 80% 88% 72. 80% 4. 40% 5. 20% 21. 20% 4. 80% 6. 00%

LGBT Adoptions n n n In most states, whether gay adoption is legal is made on a case-bycase basis by a judge. However, there are 16 states that allow joint gay adoptions. California is one of these states. 11 states allow second parent adoption by law. Second parent adoption is when one person adopts the child of his partner. (California allows). Still, people have successfully done second parent adoptions in 16 other sates Most states don’t explicitly restrict. The law is mute on the subject. The most restrictive states are Mississippi and Utah, where same sex couples cannot legally adopt at all.

RELIGION n Protection when possible n Biological parents have the right to control n Same constitutional question as with race

Inter-Country Adoption (ICA) Overview n n n Once considered an act of benevolence is now a causing concern over issues of trafficking (coercion, fraud, corruption, etc. ) US policy as tended to view ICA as “charity work, ” and other than concern with immigration issues not much regulation Declining in the US q n Issues involving power dynamics between individuals and countries… 96 US children were adopted to other countries in 2014 q n n n 22, 991 in 2004, 8, 668 in 2012, 6, 441 in 2014 (US State Department, 2015) From less developed to developed countries Primarily done by private agencies overseen by social workers with some independent agency involvement EU, Canada, & Australia has much more public oversight than the US US, Spain, France, Italy, & Canada are the top receiving countries

ICA Adoption Overview n Human Rights issue… UN Convention on the Rights of the Child (CRC) (1989)… q n US and Somalia have not ratified the convention Hague Convention on adoption, 1993 q q Ratified under the CRC 81 states have ratified the convention Said ICA should only be used as a last resort if no suitable home can be found in the home country Urged child welfare initiatives in LDC’s as a replacement for adoption

Number of ICA Adoptions (State Department, 2015)

Top Source Countries for International Adoptions in the United States in 2014 (US State Department, 2015) Country China Total Adoptions Md. Days to Completion Md. Fees 2, 040 282 $15, 000 Ethiopia 688 Ukraine 521 Haiti 464 South Korea 370 Uganda 201 Bulgaria 183 182 $14, 268 Columbia 172 171 $17, 300 India 136 $16, 000

INTERNATIONAL ADOPTION SOURCES n n n China (about 1/3 of all foreign adoptions, absolute #’s are declining) Ethiopia Scandals q q n Guatemala Russian Federation Romania Samoa South Korea q q q Goal to end international adoption by 2012 Up to the mid-80’s the number one international source of babies for the US adoption market 230, 635 children adopted out with 70% of those going to the US since 1958 (first year records kept).

Suspicions of ICA and reasons for the decline n Pride issue in many countries particularly, when they begin to develop q n n n Assumption that wealthy countries can do a better job at raising poor non-white children than their countries of origin Corruption in some countries has cast doubts on the legitimacy of the process Institutions and “orphan tourism” Voluntary consent q q Coercive inducements Language & culture

PROCESS

CONSENT n n Biological mother - time & rescission Father - Stanley vs Illinois (1972)… unwed fathers have the same parental rights as married and divorced fathers - Caban vs Muhamad (1979) q fathers had the same right of consent as mothers in adoption

INFORMATION/CONFIDENTIALITY n n n Tradition to “seal” Courts more open to removing seal - health - inheritance Arguments for unsealing - rights - family roots - medical

Open Adoptions q q q Definition…continuance of contact w/ the biological parent after adoption Increasingly common… completely closed or confidential adoptions becoming a rarity 1954 …adoption activism begins with Jean Paton MSW and adoptee herself who published “The Adopted Break Silence” Picks up steam in the 1970’s…endorsed by the CWLA in 1986 n State legislators & courts begin unsealing records Belief that contact will have benefit for both bio parent & adoptee Voluntary

Open Adoption n Argument against - violation of a promise - potentially disruptive - unrealistic expectations

Disruption and Dissolution n What is disruption? q n The term disruption is used to describe an adoption process that ends after the child is placed in an adoptive home and before the adoption is legally finalized, resulting in the child’s return to (or entry into) foster care or placement with new adoptive parents. What is dissolution? The term dissolution is generally used to describe an adoption in which the legal relationship between the adoptive parents and adoptive child is severed, either voluntarily or involuntarily, after the adoption is legally finalized. This results in the child’s return to (or entry into) foster care or placement with new adoptive parents. q

Disruptions n Relatively rare overall, but higher among former foster children q q q Various studies have suggested a 1% to 10% dissolution rate of adoptions in general after an adoption has been finalized Studies completed between 1988 and 2006 suggest 5% to 15% of foster adoptions disrupt Disruptions may be greater with older children n n Barth et al. (2001) found a 16% disruption rate for children over 3 Kelley (2014) says adolescents may have a 25% rate (Children and Youth Front Center)

Disruptions n n Need for post-placement services Common services: q q q Respite Support groups Camp & summer activities Educational support Counseling Financial assistance w/ needed services particularly mental health

UNIFORM ADOPTION CODE n n Natural Conference of Commissioners on Uniform State Laws (Model Law) Wrote a model law to speed up the process q Components n n Time limits Limit birth parent’s rights Make it easier to terminate father’s rights Roll back open adoption

GUARDIANSHIP n n The growing number kin foster care providers has been a major impetus for increased use of guardianship 16, 418 exited foster care through guardianship in 2014 Older than adoption in US Law Intermediate step when adoption or reunification are not options q n n n A form of permanency Courts transfer parental rights and perhaps custody to the guardian Court-appointed… confers “the duty and authority to make important decisions in matters having a permanent effect on the life, development, and general welfare of the child. ” Biological parent may still be involved as are other family members

GUARDIANSHIP n Benefits q q q Maintain family ties Lessen trauma Fiscal n n q q Costs of CPS services (supervision, foster care etc. ) Possibly require child support Fits a culture of informal adoption by family members About a 1% to 3% rate of disruption

GUARDIAN AD. LITEM n n n Temporary…. appointed by court Advocacy/investigation/shield When used? - placement - custody - medical - paternity

GUARDIAN AD. LITEM n n Who are they? - lawyers - social workers - laity Drawbacks - costly - adversarial

Leaving Care: “Aging Out” Outcomes and Policy

How do you know when you are an adult?

Markers for Adulthood n n Legal meaning that varies according to context Life Course Perspective (Elder)…Role transitions q n Education, Work , Marriage (co-habitat), Child rearing Emerging adulthood (Arnett)… new stage of life q q q Making one’s own decisions Accepting responsibility for one’s own actions Financial independence

EMANCIPATION n n Broad Definition: youth have reached the age where they are assumed responsible for their own decisions; they no longer have to answer to their parents; and their parents no longer are legally obligated to support them. CW Definition: “aging out. ” An exit from care other than adoption or guardianship. “Independent living…. Defined by state statute 23, 000 youth emancipated last year. The number of youth aging out of care has been increasing Done in a context that may be accompanied by an abrupt loss of public support, and with out the family support most of youth can count on

Transition-Age Foster Care youth § Transition-age youth q q § Increased percentage of aging-out youth q § Ages 16 - 20 Exit foster care before age 21 7% in 2000 to 16% in 2014 Not prepared for independent living ① ② ③ Ages 16 -18 vs. 23 for youth in general Lack of support Early parenthood, poverty, homelessness, criminal justice system involvement

EMANCIPATION NEEDS n n n Stable living arrangements Healthy relationships w/ adults, peers, & family Connections to school or work Access to medical care Social support networks (formal and informal) Life skills preparation q Daily living tasks, self-care, social development, career development, self-advocacy, selfdetermination, how to access resources (ACLSA)

How do youth become adults in the general population? n n Gradual process dictated by the demands of a changing environment that requires a longer period of preparation for adulthood Leaving home later and returning some times into the early 30’s q n Nationally 73% of 19 year olds live with parents. Among discharged foster youth 43% do so (Pergamit & Johnson, 2012) Continued family support after one leaves home

Outcomes Research q q n n n n Courtney et al. (2001 -2011) Mid-West Evaluation of Adult Functioning; Youth Outcomes at Ages 17 -18, 19, 21, 23 -24, 26 Mc. Coy, H. ; Mc. Millan, J. C. ; & Spitznagel (1999 - 2007). Missouri Alternative Care Data Base National Youth in Transition Data Base (2012, 2013, 2014) Pecora, et al. , (2003 -2009) Casey Alumni studies Kimberlin, S. & Lemley, A. (2012). Evaluation of the California’ s THP+ program Fowler, P. ; Toro, P. ; Miles, B. (2009). Detroit Merdinger, J. M. ; Hines, A. M. ; Lemon-Osterling, K. ; & Wyatt, P. (2005). CSU former foster youth Reilly, T. (2003). Nevada Courtney (2011). Multi-Site Evaluation of Youth in Foster Care

Outcomes Research n n Goerge, R. ; Bilaver, L. ; Joo Lee, B. ; Needell, B. ; Brookhart, A. ; & Jackman, W. (2002). Multi-State Foster Care Data Archive. Cook, R. J. (1994). USDHHS study of independent living programs Barth, R. (1990). California Berzin, S. ; Rhodes, A. ; & Curtis, M. ; (2011). National Longitudinal Survey of Youth collected by the Bureau of Labor Statistics.

Findings n n n n HS completion College attendance and completion Employment and income Public assistance Health and Mental Health Pregnancy Criminal justice involvement Victimization

Foster Youth and Emerging Adulthood: Findings from the Midwest Study (Courtney et al. , 2010 n n 21% of EFY fit the emerging adult model… gradual approach to adulthood and avoiding major difficulties 36% experiencing Accelerated Adulthood. They finished high school, about 50% had at least some college, relatively high degree of attachment to the work force, and 50% had children… despite some problems were doing OK. 25% were Struggling parents. Early parenthood hinder grappling with tasks of early adulthood… females 18% were called troubled and troubling… males institutionalized, incarcerated, homeless

Federal Policies Impacting on the Transition from Foster Care n n 1986 -- Independent Living Initiative 1999 -- Foster Care Independence Act 2001– Promoting Safe and Stable Families Amendments 2008– Fostering Connections to Success and Increasing Adoptions Acts

1986 -- Independent Living Initiative n Precursors q q q n The issue of what happens after foster care not addressed by the AACWA of 1980 1985– The USDHHS issues an RFP, the Study of Adaptation of Foster Youth to Independence Several independent living programs were funded as demonstration Legislation q q First time the federal provided states with funds for independent living preparation for teens in foster care Amended in 1988 to allow services for up to 6 months after discharge, and states were allowed to provide services at their discretion for youth up to age 21

Independent Living Initiative n n Reauthorized at $70 million a year indefinitely (rather than annually) in 1993 States could provide services up to age 21

Preparation for Leaving Care n n n Originally independent living programs were delivered prior to discharge from care and focused on practical skill building (learning how to budget, nutrition, housekeeping, money management, how to find and keep housing, employment preparation, or how to obtain medical treatment, etc. ). Services were aimed at youth who were not given permanency plans, but who will remain in long-term foster care until they “age out. ” These programs usually did not provide support for youth once they leave care. GAO (1999) report bemoans lack of evaluation of these programs, and low levels of participation by youth in the states

Foster Care Independence Act of 1999 n John Chaffee… program ILS called the Chafee Foster Care Independence Program n Includes in its provision: q q Doubled funding for transitional services ($140, 000 a yr. ) Emphasis on education and training not just independent living skills preparation States could spend up to 30% of their funds to house former foster children until age 21, who are continuing w/ ILP or are in school States can provide money to youth under age 16 to participate in ILP

Foster Care Independence Act of 1999 q q Gave states the option of extending Medicaid to age 21. Though most states were reluctant to do so Defined a list of outcomes that states would be evaluated on, and would have to collect data (housing, education, CJ involvement, health, etc. . ) n q Required the states to certify that youths were involved in the development of their own independent living plan n q q Require the states to begin reporting data to the ACF… accountability Mutual responsibility Required 1. 5% for program evaluation GAO report in 2004 found an increase in participation among youth, but a wide variation in what was provided between states

2001– Promoting Safe and Stable Families Amendments n Amended in 2001 to allow states to provide education and training vouchers up to $5, 000 a year to cover tuition and other educational expenses. Youth can receive these vouchers up to age 23 as long as they were making satisfactory progress toward a college degree (Kessler, 2004). q q n $60 million dollars provided In reality the money would not cover the needs of all foster youth Youth must exhaust all other resources, such as Pell Grants, before receiving financial assistance

The Fostering Connections to Success and Increasing Adoptions Acknowledged that the state would act en loco parentis for this Act of 2008 group n n n Required matching funds from the state Has provisions for extending support to foster children until age 21. This Act specifies aid for education, health care, & housing Mandated spending on Medicaid Extended eligibility for services to former foster youth (FFY) who were adopted or in guardianship Youth can receive payment for placements that are licensed (supervised) even if they are not in school, an ILP program, or working up to age 21

The Fostering Connections to Success and Increasing Adoptions Act of 2008 n n Gave the states discretion on continuing adoption or guardianship efforts until age 21. (including subsidies) Required social workers to develop a transition plan within 90 days of their 18 th birthday

Problems with the Policy n n Funding inadequate… Outcomes suggest we are not doing all that well with youth who leave care Still don’t know what works in ILS programs States discretion in implementation has led to a variation in programs q q q Wide variations in eligibility for who is served… for example the age at which they will discontinue services Varying levels of support and services provided Differences in program requirements such as whether a youth has to work or be in school to receive services

Problems with the Policy n n Programs focus on youth most likely to succeed (college bound or working); problem youth overlooked Are we expecting to much of foster youth

Problems with the Policy– Underlying Assumptions and n Interdependent vs. independent living (Antil) Theories are Outdated q q Independent living postulates a youth can be provided with a set of skills or competencies that will allow them to live autonomously after discharge n Is it a realistic expectation Interdependent … learns how to access and use assistance when needed (social capital, friends, family, organizational, to provide informational, emotional, and tangible support) n The way all of us transitioned to adulthood

Policy Recommendations n Extend federal support… age 25 or until a court determines they have achieved adulthood q q n n n CBA… reduce homelessness & persist in school Packard, et al. (2008) $1. 5$/1. 0. . In life time earnings, taxes paid, reduced reliance on public assistance, fewer incarcerations Kerman, et al. (2004) spending about $4 to $6 K would reduce homelessness and education problems Chapin (2009), reduce homelessness and help youth stay in school ILS focus on interdependent living q Means a shift in curriculum No youth leaves care w/o at least one permanently committed adulthood HS degree

Policy Recommendations n n n Housing vouchers Fully fund the ETV Placement changes