SUBPART C: DEPARTMENT CHILD WELFARE SERVICES
Communication Requirements
A prerequisite to the provision of services to Department clients is that the services be made available in a manner which can be understood by clients with special communication needs such as those who have limited or no English speaking ability or who have hearing impairments. It is the Department's intent to facilitate communication with such clients through the early identification of communication needs, the assignment of staff who can communicate with the clients, the translation of forms, notices and letters into a language the client can understand and through the use of interpreters and other auxiliary aids as described in Section 302.20, Definitions.
Interpreters are to be obtained for clients who are limited/non-English speaking or for clients with hearing impairments who communicate in sign language, in accordance with regional agreements with interpreter services. If situations arise when interpreters are not available, then staff shall explore other possible resources such as churches, social service agencies, court interpreter services, foreign consulates, universities, neighborhood associations and local centers for independent living (for sign language interpreters). Each region will have a communication access liaison appointed to assist staff in obtaining resources related to communicating with clients who have special communication needs.
Clients with hearing impairments or who are limited/non-English speaking shall be given a notice which describes their right to an interpreter free of charge. Payment for these services is described in Procedures 359, Authorized Child Care Payments.
In addition to providing interpreters and other auxiliary aids in order to enable clients to access the services described in this Subpart, they shall also be provided when clients must be present in court related to Department matters, if the court does not have such services available, when clients attend a hearing or appeal, when clients must be present at an Administrative Case Review and all other appearances required to conduct business with the Department related to their case.
a) Voluntary Relinquishment
Counseling services should be provided to the legal parents toward the goal of voluntarily surrendering their child, when appropriate. Voluntary relinquishment shall be sought only when family preservation or reunification efforts are inappropriate or unsuccessful and written documentation on the CFS 497 series supports that decision.
Parental Unfitness
The Adoption Act specifies the requirements for a judicial determination of parental unfitness. Additionally, Rules and Procedures 305.110, Termination of Parental Rights specify when DCFS should pursue, through court, termination of parental rights. Whenever termination of parental rights through court is going to be pursued, it shall be the responsibility of the worker to check for any previous adoptive surrenders and prior court actions. Termination of parental rights shall be pursued only when family preservation or reunification efforts are inappropriate or unsuccessful and written documentation on the CFS 497 series supports that decision.
Casework Services
Casework services shall be provided to the child who is old enough to understand the impact of adoption. Casework services shall also be provided to the child's parents to assist them in dealing with the loss of their child when the parent(s) is amenable to such services. The specific type of casework services and the frequency are to be detailed in the "tasks" section of the CFS 497 series.
Total Service Array
The total array of adoption services includes, in addition to terminating parental rights: securing an adoptive resource, placement of the child for the purpose of adoption in a licensed foster family or relative home (does not need to be licensed), approval for adoption assistance for a special needs child, supervision of the adoptive placement for the legally required time (six months unless waived by the court), and, if indicated, ongoing counseling following finalization of the adoption.
Placement Agreement
Whenever a child is placed for the purpose of adoption either CFS 426, Adoptive Placement Agreement [in duplicate--original to child's record, copy to prospective adoptive parent(s)], or adoption assistance forms, as specified below, and as appropriate shall be completed.
Medicaid Cards for Children in Adoptive Foster Homes
Children in adoptive placements who are Medicaid eligible continue to remain eligible until the adoption is finalized. That resource should remain available if needed. The Department's AFDC Medical Determinations Unit will contact the Region when a new adoptive foster home placement has been indicated for a child. This will enable the worker to designate the mailing home address. If the worker determines that, for whatever reason, the Medicaid card should not go directly to the adoptive foster parent, the worker should send to the AFDC Medical Determinations Unit a memorandum which states:
o The reason the Medicaid card should not be sent directly to the adoptive parent (i.e., the adoptive parent does not want to know the child's legal name); and
o The person and mailing address where the Medicaid card should be sent (i.e., field office, % Named Worker or private agency, % Named Worker).
If the worker and the adoptive foster parents have no problem with the Medicaid card being sent directly to the adoptive foster parents, the worker should indicate such on the notice received and return it to the AFDC Medical Determinations Unit, Springfield.
Placement of Newborns
When the Department will be making a foster home payment for a newborn placed in an adoptive foster home directly from the hospital, form CFS 1412, Eligibility II should be completed. The child's legal name must appear on the form. If the family does not want to know the child's legal name, the worker should send a memo to the Department's AFDC Medical Determinations Unit indicating the AKA (also known as) name that is to be used on the MEC (Medical card).
Adoptive Finalization
When the adoption is finalized, the worker must close the case using form CFS 1425, Change of Status Form. The case closing will trigger cancellation of the Medicaid card. If the child will continue to receive Medicaid as part of adoption assistance after the adoption is finalized, open a child's payment only case. Refer to Appendix A, yellow page Procedures 304, Access to and Eligibility for Child Welfare Services, page 4a, for full instructions.
b) Considerations in Adoptive Placements
1) Racial Considerations
// The child's cultural, ethnic and racial background and the capacity of the prospective adoptive parents to meet the needs of a child with this background shall be considered on a case-by-case basis. The factors
which may be considered in assessing the adoptive parent's ability to provide an environment that considers the child's cultural, ethnic and racial background include, but are not limited to:
A) Awareness and acceptance of racial and cultural differences;
B) Willingness to make a commitment to a lifestyle which allows a child the opportunity to address and manage the issues related to the child's adoption, racial, and cultural heritage;
C Recognition of societal, community, extended family, and personal racial, and cultural attitudes;
D) Ability to provide support when the child experiences aggression and/or discrimination because of the child's race or ethnicity.
2) Communication Needs
When a child is hearing impaired or limited/non-English speaking, a factor to consider in a securing a placement resource is the ability of family members to communicate with the child. In an otherwise suitable adoptive home, placement shall not be denied if the prospective adoptive parents indicate a willingness to learn the method of communication used by the child.
3) Foster Parent Preference
In accordance with Section 1519.1 of the Adoption Act, licensed foster parents who have cared for a child for a continuous period of one year or more shall be given preference and first consideration over all other applicants for the adoption of that child when adoption is the permanency goal and the child is legally free.
4) Single Parent Adoptive Placement
Children may be placed in a single parent home when it has been determined that a single parent adoptive placement best meets the needs of the child or when a maximum of a six-month search for a two parent home has been unsuccessful. A maximum six month search for a two parent home shall be documented in writing on the CFS 497 and shall include:
1) a search within the Region consisting of specialized recruitment activities; and
2) a search of the Adoption Listing Service (ALS) book to determine the availability of an appropriate family; and
3) listing with the Adoption Listing Service after the first two months of the intra-regional search (refer to Appendix B for procedures regarding listing); and
4) an inter-regional search while the child is listed with the Adoption Listing Service.
5) If the child's current caretaker is not a viable adoptive resource for the child, a diligent search for adoptive parents who are appropriate to the child's needs and best interests shall begin. The diligent search shall include, but not be limited to:
A) a search consisting of contacts with local adoption agencies, parent groups and appropriate religious and civic organizations and service providers, advocacy groups and agencies who serve persons with the same ethnic/national origin and/or disability; and
B) a search of the Adoption Listing Service (ALS) book (refer to Appendix A of this Subpart) to determine the availability of an appropriate family; and
C) listing the child with the Adoption Listing Service; and
D) an interstate search, when necessary, consisting of contacts with adoption agencies and referral/advocacy agencies to find a suitable adoptive placement,
The search to locate a viable adoptive resource shall be recorded on the CFS 492, Case Entry.
c) Court Ordered Adoptive Home Studies
Courts may request home studies for adoptions arranged by other than an Illinois licensed child welfare agency or by DCFS. DCFS will conduct such home studies only when ordered to do so, in writing, by an Illinois court. The court shall specify who is to pay for the home study. Time spent on such studies is to be recorded on form CFS 1400, Assessment, in accordance with yellow page Procedures 304, Appendix A.
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