Sec. 07.05.03.15. Placement for Adoption

A. The agency shall select an adoptive parent for a child who meets the child's needs.

B. Religious Considerations. When placing a child, the agency:

(1) May not, because of religious considerations, cause undue delay in the placement of a child;

(2) Shall, when possible, give preference in the placement of a child to individuals of the same religious belief as that of the child or the child's birth parent, unless the birth parent waives this provision or indicates a different choice; or

(3) May recommend placement without regard for religious factors if the agency determines that a child does not have sufficient religious background, training, or beliefs to be a factor in the adoption.

C. Racial and Cultural Considerations.

(1) The agency shall screen a potential adoptive parent on attitudes concerning race, acceptance of racial and cultural differences, and ability and willingness to provide support and maximum socialization opportunities for the child.

(2) The agency may not delay or deny the placement of a child for adoption on the basis of the prospective adoptive parent's or child's race, color, sexual orientation, or national origin.

(3) For a Native American child, the agency shall give preference to adoptive placement as set forth in the federal Indian Child Welfare Act, 25 U.S.C §1915.

D. Eligibility for Benefits. When an adoptive child is eligible for benefits, such as Social Security, Veterans, SSI, or tribal rights, the agency shall:

(1) Inform the adoptive parent of the child's eligibility;

(2) Provide the child's claim number; and

(3) Encourage the parent to apply for the child.

E. Medical Information.

(1) When possible, the agency shall document that it makes available to the adoptive parent a complete medical history of the child and the birth parents which may not contain information revealing the original identity of the child and the birth parents.

(2) The agency shall retain the medical records indefinitely as part of the child's files and make them available, when requested, for the adoptive parent, the adult adoptee, or the adoptee's offspring.

(3) The agency shall update the medical history when verified new information is obtained from adoptees, adoptee's relatives, or other sources.

F. Identification of Responsible Adult. Before finalization of the adoption, the agency child placement worker shall counsel the adoptive parent regarding:

(1) The importance of identifying a responsible adult to care for the child in case of the parent's death or incapacitation; and

(2) If indicated, executing a legal document that confirms the identification.

G. Consideration of Certified Foster Parents as Adoptive Parents. After the agency rules out a child's return home with parents and placement with relatives, the agency shall consider the child's certified foster parents as prospective adoptive parents if the child lived with the certified foster parents for at least 1 continuous year before the permanency plan of adoption was developed.