Adoption Statutes and
Legislative Code
US STATE ADOPTION
Louisiana
§4501. Louisiana Adoption Resource Exchange (LARE)
A. Within ninety days after termination of all parental rights or abandonment, or voluntary surrender to a child-caring agency, any child whose parents' rights have been so terminated and who has not been placed either in a private family home for the specific purpose of effecting an adoption or with a relative who expresses an intent to care for the child until majority, shall be registered with the Louisiana Adoption Resource Exchange (LARE). Upon request, the Department of Health and Human Resources, Office of Human Development, shall provide the forms necessary to effect said registration to all private child-caring agencies. Private child-caring agencies will be requested to include a recent 3" x 5" black and white photograph of each child registered.
B. The Department of Health and Human Resources, Office of Human Development, will maintain a list of the children registered with the Louisiana Adoption Resource Exchange. The listing will be updated no less often than quarterly and will be made available to all licensed child placement agencies in Louisiana. The listing will include a photograph of each child, but will not include the surname of the child or otherwise reveal the identities of the blood parents of the child.
C. As an effort to effect permanent placements by matching potential adoptive parents with available children, the Department of Health and Human Resources, Office of Human Development, may, under established guidelines, utilize media presentations for those children determined to be difficult to place. Subject to confidentiality requirements and the guidelines listed below, such presentations may include newspaper, radio, and television features depicting particular children, describing the adoption process, and explaining how persons interested in adoption may obtain information.
D. Guidelines for Media Recruitment
1. The Department of Health and Human Resources, Office of Human Development, may utilize media presentations involving children who are available for adoption to recruit homes for specific children and to recruit homes for general categories of children who are difficult to place. The children involved are those whose parents are dead, who were abandoned by their parents or in cases where parental rights have been terminated according to state laws. All children will be available for adoption or for a subsidized adoption program. The types of children considered by the agency as "hard to place" in adoptive homes include:
a. sibling groups;
b. black males (not infants);
c. adolescents (over age 10) of any race or sex;
d. children with handicapping (mental or physical) conditions. Most of these children have unique situations or have other extraordinary circumstances which led to their placement in this category.
2. Media recruitment can be used only after a child has been registered with the Louisiana Adoption Resource Exchange (LARE) and every possible effort has been made to find a permanent home for him regionally and statewide, through public and private agencies.
3. The child will be helped to understand to the best of his ability that he is available for adoption and that media recruitment may help in finding an adoptive home for him and other children in similar circumstances. No child will be forced to participate in media recruitment.
4. Media recruitment shall be subject to Louisiana Confidentiality Statutes (R.S. 46:65) as interpreted by the Department of Health and Human Resources, Office of General Counsel. No identifying information concerning the child or his biological parents can be revealed. The social circumstances of the child and his birth parents must be considered in determining appropriate media resources for the child. Media recruitment may not be used within a region where a child's background and circumstances are generally known to the public and could result in embarrassment and humiliation to the child or his biological parents.
5. The child shall be videotaped or photographed in comfortable surroundings while engaged in casual conversation and/or an activity which interests him and reflects his usual level of functioning and ability to interact with other people. The accompanying narrative would give descriptive information about the child's hobbies, interests and abilities and his expressed desires for an adoptive home.
6. Regional homefinders and adoption specialists shall be designated to coordinate media recruitment for their region with the consultation of the Office of Human Development State Office and the Department of Health and Human Resources, Public Information Office.
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7. Only free media resources will be used for publicizing recruitment efforts, such as public service announcements, special programming and news programs. The production of these presentations will be accomplished either by Department of Health and Human Resources or by the media resource and supervised by Department of Health and Human Resources.
AUTHORITY NOTE: Promulgated in accordance with Act Number 429 of the 1981 Louisiana Legislature.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development, LR 8:13 (January 1982).
§4505. State Voluntary Registry
A. Eligibility Requirements for Registration. Only persons who meet the following criteria shall be eligible for services of the Department of Health and Human Resources Voluntary Adoption Registry:
1. effective September 6, 1991, adoptees and birth parents may register in the State Voluntary Register when the adoptee reaches 18 years of age;
2. the biological mother of the adopted child;
3. the biological father of the child if (a) the father has signed a voluntary release for the child's adoption in accordance with R.S. 9:402 and R.S. 9:422.3 et seq., or (b) the father has legitimated the child as provided by law.
B. Procedures for Registration. Voluntary registration by the adopted person and/or the biological parents of the adopted person shall be by a typewritten affidavit, filed with the Office of Human Development, Division of Evaluation and Services. All affidavits filed must contain certain minimum identifying information as specified by law. Any other information which the applicant feels will be useful in making the match between the adopted person and the biological parent(s) of the person may be added.
C. Fees for Voluntary Registration. The affidavit submitted to Department of Health and Human Resources, Office of Human Development/Division of Evaluation and Services must be accompanied by a check or money order payable to Department of Health and Human Resources, Office of Human Development/Division of Evaluation and Services in the amount of $25. The fee is charged to cover the cost of establishing the file of registrants and other costs to the Office of Human Development in providing this service.
D. Mandatory Counseling Requirement. Within 30 days of registration with the Office of Human Development, the registrant shall be required to participate in not less than one hour of counseling with a board certified social worker or a social worker employed by a licensed adoption agency. The Office of Human Development will provide the names and addresses of participating agencies to provide counseling service in the state of Louisiana. An adopted person or a biological parent who is domiciled outside the state of Louisiana shall obtain counseling from an appropriate agency in his state of domicile. The licensed adoption agency or social worker shall collect the cost of counseling services from persons who are able to pay all or part of the cost of services provided.
E. Matching the Adopted Person and the Biological Parent
1. The Office of Human Development shall regularly monitor registrant affidavits to determine whether or not affidavits have been filed by an adopted person and his biological parent(s). If there appears to be a match between an adopted person and a biological parent, the Office of Human Development shall notify a licensed adoption agency located in or near the parish residence of the adopted person. The agency notified shall delegate a social worker in its employ or a BCSW to contact the registered and matched parties in a careful and confidential manner, and give the information necessary to contact each other.
2. If the Office of Human Development has any doubt that there is a match between the adopted person and biological parent the parties shall be advised to petition the district court having jurisdiction to open the sealed adoption record for verification. The court may appoint an ad hoc curator for this purpose.
F. Time Limit on Registration
1. The registration will remain in effect indefinitely.The registration may be withdrawn by the adoptee or birth parent at any time by a written request.
2. If both birth parents of an adopted person are deceased and if this fact is known by the Office of Human Development or the licensed adoption agency which originally placed the adopted person, this information shall be disclosed to the adopted person.
G. Confidentiality. Notwithstanding the provisions of R.S. 44:1 et seq., documents filed with the Office of Human Development, pursuant to the provisions of this law shall be confidential and not available for inspection; nor shall any information acquired by the Voluntary Registry be disclosed under any sunshine or freedom of information legislation, rules, or practice. No person, group of persons, or entity may file a class action to force the voluntary registry to disclose identifying information.
AUTHORITY NOTE: Promulgated in accordance with R.S.
40:91(D) and 92(B) as amended and re-enacted by Act 519 of the 1991 Session of the Louisiana Legislature.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development/Division of Evaluation Services, LR 9:415 (June 1983). Repealed by the Department of Social Services, LR 18:79 (January 1992). Promulgated by the Department of Social Services, Office of Community Services, LR 17:952 (October 1991), amended LR 18:22 (January 1992), repromulgated LR 18:198 (February 1992).
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Chapter 47. Adoption Services
§4701. Voluntary Surrender of a Child
A. Persons who execute an act of legal surrender of a child to the Department of Health and Human Resources shall execute therewith a written statement of family history. That statement shall contain the following non-identifying information, if known:
1. ages of the biological parents; and,
2. an explicit and extensive medical genetic history of the biological parents and their immediate families.
B. This statement will be made part of the sealed adoption record and shall be given to the adoptive parents at the time of adoptive placement. Upon attaining the age of eighteen, the adoptee shall, upon request, be given a copy of the statement.
C. Within 15 days following an act of voluntary surrender of a child to the Department of Health and Human Resources, a copy of the surrender will be sent to the court exercising jurisdiction over the child.
AUTHORITY NOTE: Promulgated in accordance with Acts 717 and 429 of the 1981 Louisiana Legislature.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development, LR 7:630 (December 1981).
Chapter 49. Adoption Subsidy
Program
§4901. Subsidizing the Adoption of Children with Special Needs
A. Overview of Program Purpose
1. The subsidized adoption program enables the Department of Social Services to make payments to adoptive parents on behalf of a child who otherwise might not be adopted because of special needs or circumstances. Subsidy payments shall be limited to a child(ren) for whom adoption is indicated but placement through existing resources is unavailable because of the child's physical or mental condition, race, age, membership in a sibling group which should not be separated, or other serious impediments or special needs. The adoption subsidy applies to a special needs child for whom the Department of Social Services holds full and permanent custody prior to the adoptive placement or to a special needs child, SSI or AFDC eligible, for whom a private nonprofit agency holds custody and to nonrecurring adoption expenses only for special needs children who are adopted independently. The adoption laws of the state of Louisiana shall be adhered to, and the granting of a subsidy shall not affect the legal status of the child nor the rights and responsibilities of the adoptive parents.
2. The prospective adoptive family must meet basic adoption eligibility requirements in all respects except for the ability to assume complete financial responsibility for the child's care.
B. Types of Subsidy. The child may be subsidized for the following services up to age eighteen:
1. Maintenance. The maintenance subsidy includes basic living expenses such as board, room, clothing, spending money, and ordinary medical and dental costs. The maintenance supplement may be ongoing, but must be renewed on a yearly basis. The amount of payment shall not exceed 80 percent of the state's regular foster care board rate based on the monthly flat rate payments for the corresponding age group. Changes in the maintenance subsidy rate care may occur once a year and the adjustment is made at the time of a change in the child's age group. The monthly maintenance shall not be based on specialized foster care arrangements such as Subsidized Foster Care, Alternate Family Care, or Therapeutic Foster Care.
2. Special Board Rate
a. Foster parents adopting a foster child for whom a special board rate was received may request up to a maximum of 80 percent of the special board rate amount of $300. This includes adoptive parents who were not previously certified as the child's foster parent(s), if the care and needs of the child in the adoptive home warrant this same special board rate. Therefore, under the Adoption Subsidy Program, the special board component for these types homes shall not exceed $240. The continued need for the special board rate shall be reviewed at the time of the annual review.
b. For the child placed in a Subsidized Foster Home, Alternate Family Care facility, or a Therapeutic Family Care facility, the maximum amount of the special board component of the adoption subsidy shall not exceed $258. This amount equals the Family Support Case Subsidy (administered by the Division of Mental Retardation and Developmental Disabilities) authorized for the care of special needs children who are in their own homes.
3. Special Services
a. The special services subsidy is time limited and in some cases may be a one time payment. It is the special assistance given to handle an anticipated expense when no other family or community resource is available. If needed, it can be offered in addition to the maintenance subsidy. Special services subsidies include the following type needs:
i. special medical costs for the child in connection with any physical or mental condition which existed prior to the date of the initial judgement of adoption;
ii. dental, psychiatric, or psychological expenses, special equipment, prosthetic devices, or speech therapy;
iii. other services determined to be medically necessary for the care, training and education of the child; and,
iv. legal and court costs of adoption under special circumstances.
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b. Assessment must be made of the adopting family's medical insurance and of other public and voluntary community services to determine whether the costs of treatment and related costs can be covered in part or in whole by insurance and by other community services.
c. Reimbursement for special services will be limited to the usual and customary fee in the community where such services are rendered.
C. Exploration of Adoptive Resources
1. Before a child is certified by the Office of Community Services as eligible for a subsidy, resources for adoptive placement without such benefits must be explored by the adoption worker. This will include recruitment of adoptive parents, registrations for a reasonable period on state, regional, and/or national adoption resources exchanges, and referral to appropriate specialized adoption agencies.
2. Whenever an eligible child has been available for adoption for at least six months and every reasonable effort has been made to place the child for adoption with Louisiana residents, adoptive parents from other states shall be eligible for a subsidy under the same conditions as Louisiana residents, except where the other state has a subsidized adoption program that is available to such non-resident parents.
D. Eligibility Criteria
1. Non IV-E Placements
a. The income scale determining eligibility for the non IV-E maintenance subsidy shall be utilized by the Department of Social Services, Office of Community Services to determine eligibility for non IV-E benefits. The scale is based on 115 percent of Louisiana's median income for a family of four, adjusted for family size as published by the U.S. Department of Health and Human Services. Figures in the column on the left refer to the number of family members, including the adoptive child(ren). Figures in the column on the right refer to family gross income. Persons living in the household who are not dependent on the adoptive family's income even though related, are not counted. Families whose income falls below the figures in the right column may apply for subsidy.
b. The Office of Community Services, Adoption Subsidy Program, will determine the appropriateness of subsidy benefits, the type of subsidy, and the level of the subsidy. An agreement form between the Office of Community Services and the prospective adoptive parents with clearly delineated terms must be signed prior to the granting of the final decree.
c. Income Chart
Family Size Gross Annual Income
1 person $ 15,399
2 persons $ 20,137
3 persons $ 24,875
4 persons $ 29,614
5 persons $ 34,352
6 persons $ 39,090
7 persons $ 39,978
8 persons $ 42,867
9 persons $ 42,052
10 persons $ 42,940
11 persons $ 43,829
12 persons $ 44,717
13 persons $ 45,606
14 persons $ 46,493
d. For each additional family member above 14 persons, add $888 to the gross annual income.
2. IV-E Placements. Federal regulations prohibit the use of an income eligibility requirement (means test) for prospective adoptive parents in determining the availability of payments or other types of adoption assistance. The otherwise eligible child who has met the "special needs" requirements in Section 473 (c) of the Social Security Act will be eligible for payments and other types of services and assistance under the Title IV-E Adoption Assistance Program. Parents with whom such a child is placed for adoption are eligible to receive Title IV-E payments and other assistance on behalf of that child, under an agreement with the state agency.
E. Effects of Deaths of Adoptive Parents on Adoption
Subsidy
1. Where an adoption subsidy agreement is in effect and the adoptive parents die prior to the adopted child reaching the age of majority, the duly designated tutor or guardian of the child may continue to receive subsidy payments on behalf of the child provided that the tutor or guardian is capable of providing a permanent home for the child in all respects other than financial, and the child's needs are beyond the resources of the tutor or guardian. In these situations, the child who was Title IV-E eligible prior to the death of the adoptive parent(s) shall cease being eligible for these federal benefits. The child's medicaid certification as a Title IV-E adoption subsidy child shall be closed and re-opened as a non IV-E adoption subsidy child. The tutor or guardian should be encouraged to apply for survivors benefits for the child and/or AFDC.
2. It is extremely important to note that if the child is Title IV-E eligible, Section 473 (a)(i) of the Social Security Act (the Act) prohibits the transfer of this benefit to the guardian. The Act makes no provision for payments to be made to the child or others, such as a tutor/guardian. Therefore, in these situations, the payments made by the Adoption Subsidy Program are funded with all state dollars.
AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1790-1792 and P.L. 96-272 (Title IV-E).
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development, LR Title 67, Part V Louisiana Administrative Code June 1999 97 4:388 (October 1978), repealed in error by the Department of Social Services, Office of Community Services, LR 18:79 (January 1992), reinstated and amended LR 18:965 (September 1992).
§4903. Nonrecurring Expenses in Adoptions
The Office of Community Services sets forth criteria for reimbursement of nonrecurring expenses associated with the adoption of children with special needs.
1. The amount of the payment made for nonrecurring expenses of adoption shall be determined through agreement between the adopting parent(s) and the Office of Community Services. The agreement must indicate the nature and amount of the nonrecurring expenses to be paid.
2. The agreement for nonrecurring expenses must be signed prior to the final decree of adoption.
3. There must be no income eligibility requirement (means test) for adopting parents in determining whether payments for nonrecurring expenses of adoption shall be made. However, parents cannot be reimbursed for out-of-pocket expenses for which they have otherwise been reimbursed.
4. To be eligible, the child must meet the criteria previously established by the Office of Community Services to be designated as a "child with special needs." Furthermore, the child must have been placed for adoption in accordance with applicable state laws.
5. The rate of reimbursement for nonrecurring expenses has been set at $1,000 per adoption.
6. In cases where siblings are placed and adopted, whether separately or as a unit, each child is treated as an individual with separate reimbursement for nonrecurring expenses up to the maximum amount allowable for each child.
7. Reimbursement is limited to costs incurred by or on behalf of adoptive parents that are not otherwise reimbursed from other sources. Payments for nonrecurring expenses shall be made directly by the Office of Community Services.
8. When the adoption of the child involves interstate placement, the state that enters into an adoption subsidy agreement will be responsible for paying the nonrecurring adoption expenses of the child. In cases where there is interstate placement but no agreement for other federal or state adoption assistance (subsidy), the state in which the final adoption decree is issued will be responsible for reimbursement of nonrecurring expenses if the child meets the definition of a "child with special needs."
9. The term nonrecurring adoption expenses means reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of state or federal law, and which have not been reimbursed from other sources or other funds. Other expenses which are directly related to the legal adoption of a child with special needs means the costs of the adoption incurred by or on behalf of the parents and for which parents carry the ultimate liability for payment. Such costs may include the adoption home study, including health and psychological examinations, supervision of the placement prior to finalization of the adoption, transportation and the reasonable costs of lodging and food for the child and/or the adoptive parents when necessary to complete the placement or adoption process.
AUTHORITY NOTE: Promulgated in accordance with 45 CFR Part 1356, as published in the Federal Register on December 14, 1988, Section 1711 of the Tax Reform Act of 1986 as it relates to the Adoption Assistance Program under Title IV-E, and Act 345 of the 1990 Legislative Session.
HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Services, LR 17:386 (April 1991).
Chapter 51. Adoption Petition
Program
§5101. Certificate of Adoption in Private Adoptions
A. Any prospective adoptive parent in a private adoption shall obtain a Certificate of Adoption prior to physically receiving the child except when the child is the step-child, grandchild, sibling, niece, or nephew of one of the prospective adopting parents.
B. Definitions
1. Certificate of Adoption means that a person who applies to adopt a child privately is certified as qualified to adopt in accordance with the Louisiana Children's Code. A Certificate of Adoption is valid a minimum of two years and a maximum of four years without an update being required.
A Certificate of Adoption can be revoked for just cause.
2. Any prospective adoptive parents in this Section means any couple who is adopting any child except persons who may petition for intrafamily adoption. The following persons may petition for an intrafamily adoption:
a. a stepparent married to the parent of a legitimate child;
b. a single grandparent or married grandparents of a legitimate child when the child has been in the grandparent's home for six months prior to the filing of a petition for adoption.
When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
C. There are two procedures by which a valid Certificate of Adoption may be obtained by any prospective adoptive couple in Louisiana attempting to adopt privately. Any out-of- Louisiana prospective adoptive couple must also comply with the Louisiana Interstate Compact on Placement of Children.
1. The prospective adoptive couple may apply for a court order approving the placement of a child in their home.
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a. The application for court approval of adoptive placement shall be verified and shall contain the following:
i. the name, address, age occupation, and marital status of the prospective adoptive parents;
ii. expected date of the child's placement;
iii. relationship between the child and the prospective adoptive parent, if any;
iv. the name of the child whose placement is requested, if known.
b. This application for court approval of adoptive placement shall be filed with the clerk of a court of appropriate venue as authorized in Louisiana's Children's Code.
c. The application for court approval of adoptive placement shall be set for hearing in chambers, confidentially, and in a summary manner within 48 hours of its filing.
d. At the hearing, the prospective adoptive parents shall testify under oath concerning their fitness to receive the child into their care and custody, including but not limited to:
i. their moral fitness, previous criminal records or validated complaints of child abuse or neglect, if any;
ii. their mental and physical health;
iii. their financial capacity and disposition to provide the child with food, clothing, medical care, and other material needs;
iv. their capacity and disposition to give the child love, affection, and guidance and to undertake the responsibilities of becoming the child's parents;
v. the adequacy of the physical environment of their home and neighborhood for the placement of the child;
vi. the names and ages of other family members who would reside with the child in the prospective adoptive home and their attitude toward the proposed adoption;
vii. the stability and the permanence, as a family unit, of the proposed adoptive home.
e. At the conclusion of the hearing, the court shall render an order approving or disapproving the placement of the child with the prospective adoptive parents.
f. The order shall be in writing and signed by the judge.
g. A certified copy of the court order approving the adoptive placement shall be given to the prospective adoptive parents. This certified court order is the Certificate of Adoption if approval is granted.
h. Any order disapproving the adoptive placement shall include specific reasons therefor.
i. Any perjury, withholding of information or misleading statements, during this hearing, may be grounds for revocation of the Certificate of Adoption, or for revoking the adoption itself.
j. The court may issue an instanter order taking protective custody of the child if this information, if known, together with other evidence presented at the hearing would have resulted in the court's disapproval of the adoptive placement.
2. The second procedure for obtaining a Certificate of Adoption is that any person qualified to adopt in Louisiana may request a social worker in the employ of a licensed child placing agency, a board certified social worker, or a licensed counselor, psychologist, or psychiatrist to conduct a home study before the physical placement of the child in the home. Those people or agencies doing the home study shall be licensed in their respective fields in the state of Louisiana.
a. This home study must address, as appropriate, in writing, all the items in the following sections of the Louisiana Administrative Code, namely:
i. LAC 48:4115.C Adoptive Home Study;
ii. LAC 48:4115.D Notification Regarding Application;
iii. LAC 48:4115.E Access to Records;
iv. LAC 48:4115.F Updating Home Study;
v. LAC 48:4115.H Review Procedure;
vi. LAC 48:4115.I Adoptive Parents' Records.
b. In addition to the home study, the application for Certificate of Adoption must also contain a request for the court to order a criminal records check for all federal and state arrests and convictions, and validated complaints of child abuse or neglect, respectively, in this or any other state specified for each prospective adoptive parent. This check shall provide a certificate indicating all information discovered or that no information has been found.
c. Attorneys representing prospective adoptive couples living in Louisiana for private adoptions must request the court having jurisdiction to order a Louisiana child abuse/neglect records check from the Office of Community Services Regional Office for the parish of residence of the prospective adoptive couple with the results of said check to be submitted in writing to the court. The court order shall be sent to the attention of the Adoption Petition Unit.
d. The mailing addresses of the regional offices of the Office of Community Services where this form may be obtained are as follows:
i. New Orleans Regional Office, Box 57149, New Orleans, La. 70157-7149;
ii. Baton Rouge Regional Office, Box 66789, Baton Rouge, La. 70896;e court shall be of proper venue in state of Louisiana. Title 67, Part V
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iii. Lafayette Regional Office, 1353 Surrey Street, Lafayette, La. 70501;
iv. Lake Charles Regional Office, Box 16865, Lake Charles, La. 70616;
v. Alexandria Regional Office, Box 832, Alexandria, La. 71309;
vi. Shreveport Regional Office, 801 State Office Building, 1525 Fairfield Avenue, Shreveport, La. 71101-4388;
vii. Monroe Regional Office, Box 3047, Monroe, La. 71210;
viii. Thibodaux Regional Office, Box 998, Thibodaux, La. 70302-0998.
e. The prospective adoptive couple at the end of this home study shall be given a Certificate of Adoption if favorable in the judgement of the contracted person doing the home study in accordance with Louisiana's Children's Code. If there is a disapproval, the prospective adoptive couple shall be informed in writing of the reason for the disapproval.
f. Payment of the home study is at the petitioner's expense.
D. The Department of Social Services, Office of Community Services in carrying out the duties as detailed in the Children's Code, Title XII, Chapter 10, Article 1229 (A) shall include in the report to the court a copy of the
Certificate of Adoption for the prospective adoptive couple or report to the court in writing that no Certificate of Adoption has been obtained in accordance with the Louisiana Children's Code.
AUTHORITY NOTE: Promulgated in accordance with the Children's Code, Title XII, Chapter 2.
HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Services, LR 18:141 (February 1992), amended LR 18:747 (July 1992).
§5103. When the Petitioner is the Stepparent of the Adoptee
A. OHD/DES shall no longer provide a full investigation and court report in stepparent adoptions unless so ordered by the court. Henceforth, adoption petition workers shall investigate stepparent adoptions only to the extent necessary.
The investigation shall:
1. determine the availability of the child for adoption; and,
2. where the child is age 13 or over, determine the circumstances of the child and his/her attitude toward the adoption.
B. The investigation and court report shall cover the following areas depending on the circumstances of the case.
1. Availability of the child for adoption:
a. name, birthdate and birthplace of child as verified by birth certificate when available;
b. relationship of child to petitioner(s);
c. legal status of petitioner(s) i.e. verification of current marriage and previous deaths/divorces effecting status;
d. name of legal/biological parents and information concerning their attitude about the adoption and awareness of the implications.
2. Information on the child:
a. child under 13:
i. age of the child(ren);
ii. length of time child has resided with the petitioner(s);
iii. how the child came into the home of the petitioner(s);
b. child 13 or over:
i. age of the child(ren);
ii. length of time child has resided with the petitioner(s);
iii. how the child came into the home of the petitioner(s);
iv. description of child including physical characteristics, personality, general health (no physical exam required), grade placement, and activities;
v. child's adjustment;
vi. child's relationship with petitioners and others in the home.
AUTHORITY NOTE: Promulgated in accordance with R.S. 9:427.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development, Division of Evaluation and Services, LR 10:342 (April 1984).
The Department of Health and Human Resources, Office of Human Development, hereby adopts Intercountry Adoptions Policy. This policy authorizes certain consenting licensed private child placing agencies to conduct and certify the validity of home studies; to contract with qualified professionals to complete home studies; and to certify the validity of home studies completed by professionals under contract with them to complete home studies; certifying to the U.S. Immigration and Naturalization Service that the Louisiana prerequisite of a valid home study has been completed as required before an intercountry adoption can be consummated.
AUTHORITY NOTE: Promulgated in accordance with the United States Immigration and Nationality Act of 1952, as amended (Title 8, U.S.C. aliens and nationality).
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Human Development, LR 8:13 (August 1981).