Can I go from Fostering a child to Adopting the child?

There is a difference between the terms, "foster care" and "foster to adopt". The ultimate difference about your current status with DSS is what your intent was when you began working with DSS.If you are a licensed foster parent, you began working as a foster parent to provide a temporary, stable, loving, nurturing home for South Carolina's abused and neglected children. It was not necessarily your intent to adopt any of the children who began living in your home.If you approached DSS with the intention of finding a child to adopt - not to have random children placed in your home for temporary placement then you are seeking a "foster to adopt" placement.Either is fine, but there is a legal difference between the two.South Carolina has a policy that the reunification of the children with their family serves the best interests of the child and is the preferred approach in removal cases so long as the abuse/neglect that occurred has been remedied and the child can be safe and healthy in the home with family.An adoption of a child from DSS cannot take place until the child is legally free for adoption - meaning the parental rights of the birth parents have been terminated.  Sometimes based on past history with birth parents or just in observing the progress (or lack of progress) the birth parents are making toward completing their DSS treatment plan, the focus of the agency may begin to shift from reunification to termination of parental rights and adoption for a child. At that point the agency begins to look for permanent placements (adoptive resources) for that child.It is possible if you have been serving as a licensed foster home for that child to apply for a foster to adopt placement for that child - even if you didn't originally have the intention to adopt the child from the beginning.  If you are starting out as a foster to adopt family then you will be waiting to be matched with children who are legally free or whose parents are not looking like they will remedy the situation that lead to the removal of the children.If you are a foster parent who is considering the adoption of one of your foster children, please contact Greenville adoption lawyer, Tripp Atkins, to discuss your options and the adoption process.You may call our office at 864-558-0512 or use the contact form below to email Tripp directly.[contact-form-7 id="357" title="Contact form 1"]

What are the steps for a South Carolina DSS Adoption

Greenville SC DSS adoption attorney Tripp Atkins

If you are a foster parent or are applying to adopt a child through DSS, the process is sometimes glossed over when you are meeting with your adoptions worker at DSS.  This happens for a few reasons: they're really busy and when you do something all day every day, you kind of forget the adoptive parents you are working with aren't used to the court process and have a lot of questions.

You can enter the DSS adoptions area at different times. In this post we will talk about what to expect once the child you are adopting is legally free to adopt - meaning the birth parents have relinquished their parental rights or their parental rights have been terminated and their appeals have been exhausted.Leading up to your approval as an adoptive family your home and backgrounds have been studied and you have been approved as an adoptive resource.

Once the child is legally free for adoption he or she is placed in your custody as an adoption placement and you will sign your adoption agreement with DSS.Around the same time you will choose the attorney you would like to work with to complete the adoption. The choice of attorney is up to you, regardless of what your adoptions worker tells you.  They generally have a list of attorneys they have worked with in the past or that they like to work with if you do not know an attorney.

Once your attorney is chosen, they will send a notice of representation to DSS and the adoptions worker will send your adoption attorney confidential information about the children and birth parents that are needed for filing the petition for adoption in your case.  This petition must be filed within 60 days of the date of placement of the child in your home for adoption (essentially the date of your adoption agreement). 

Once the adoption petition is filed, it will be served on DSS General Counsel in Columbia and the adoptions office. DSS General Counsel has 30 days to file an Answer responding to the petition.  The birth parents will not have to be served or involved in this process because the birth parents' parental rights have either been terminated or relinquished. During this 30 day period a Guardian ad Litem will also be requested and appointed by the Court and they will begin their investigation immediately.When the DSS Answer has been filed and the Guardian ad Litem has completed their investigation it will be time to request a final hearing to approve the adoption.

The time for hearings to be set can take from 4-8 weeks depending on the county of your adoption and the time of year.In many DSS adoption cases, the children qualify as "special needs" which is a statutory definition relating to the child's family, siblings, age, or emotional disability. Being classified as special needs does not necessarily mean the child has some mental or emotional disability.  This qualification further entitles you to additional benefits and contributions towards your adoption legal fees.If you have questions about a DSS adoption, I would be happy to meet with you to discuss your adoption.

What is an Adoption Home Study For?

In adoptions that are not "in family" adoptions such as step-parent or grandparent adoptions, South Carolina law requires that an adoption home study be completed. Two, in fact: a pre-placement home study and a post-placement study. But why?The pre-placement study is a a report that documents your home life. It is pretty intensive and digs into all areas of your family life: criminal background checks, child abuse registry searches, family finances, health, references, birth certificates.  For example, this is not just looking to make sure you are married. It wants to know how your marriage is. Are there issues in your family that need dealing with? Does your extended family support your choice to adopt?  What is your motivation to adopt?The ultimate goal is to make sure your family is ready for an adoptive placement and that it will be a healthy place for this child joining your family.The post placement study is a visit in your home with your family and the child to check on how things are going.  There may be one post placement visit or multiples depending on the agency requirements.If you're ready to discuss your adoption, please call adoption attorney Tripp Atkins at 864-558-0512 or use the form below to schedule a consultation to discuss your case. The consultation is complimentary and confidential.[contact-form-7 id="357" title="Contact form 1"]

How long will my adoption take?

The length of time that’s your adoption case will take will depend on many factors including the type of adoption (DSS adoption, grandparent adoption, stepparent adoption, private adoption agency adoption).Another factor that impacts the time of an adoption is where we are starting. For example, are you matched with a birth mother yet through a private search or through the use of an agency? If you are adopting through DSS, has the child been placed with you for adoption purposes and have the parents rights been terminated? Have the birth parents filed an appeal?An uncontested step-parent adoption or grandparent adoption could be completed in as little as 90 days or so, while the process from start to finish through an independent or agency search could take upwards of two years.If you would like to discuss your options for adoption in South Carolina, please call Tripp at 864-558-0512 or use the form below to schedule a consultation to discuss your case. The consultation is complimentary and confidential.[contact-form-7 id="357" title="Contact form 1"]

What are the steps for a Grandparent Adoption

Are you a grandparent who has taken custody of your grandchildren? You've taken on a roll that is extremely important to your grandchildren, but just having legal custody is sometimes not the permanence the child deserves.Grandparent adoptions are really no different to any other adoption. The primary exception is that you already have a biological relationship to the adoptee.  So where do we start?Private adoptions and agency adoptions require a home study to be performed prior to and after placement of the child for adoption.  In South Carolina, in-family adoptions (including grandparent adoptions) are not required to have pre and post-placement home studies.The next step is to obtain consents and relinquishments necessary from the birth parents to allow the adoption. Often times birth parents in these situations will realize it serves the best interests of their children for the grandparents to be able to adopt the children and they will voluntarily sign a consent to the adoption.  This form has to be executed by special witnesses and be on a form that meets state statutory requirements.Sometimes it isn't as easy as scheduling an appointment for the birth parents to sign a consent to the adoption. Perhaps they do not agree with the adoption. Other times their whereabouts are just unknown and they can't be located to consent to the adoption.  When that happens in a grandparent adoption case, we will have to file to terminate the parental rights of the birth parents.  South Carolina law gives us a dozen grounds for termination of parental rights to consider in your case.Once both birth parents rights have been relinquished through consent or terminated through a court action, then we are ready to proceed to the conclusion of the legal adoption with a hearing in the Family Court.Do you have questions about grandparent adoptions in South Carolina? Call Tripp at 864-558-0512 or use the form below to schedule a consultation to discuss your case.[contact-form-7 id="357" title="Contact form 1"]

Mediation in Adoption and Termination of Parental Rights Cases

Mediation is required by Order of the the Supreme Court of South Carolina to occur in the majority of legal actions filed in South Carolina prior to being able to request a final hearing. This is true in Family Court as well - and still true in termination of parental rights and adoption cases.Often times, lawyers handling these matters (regardless of whether they represent the adoptive parties or the birth parents) ask the Court to waive mediation in these cases because there is very little room for either side to make concessions.For example, in a divorce mediation the parties have a lot of issues to negotiate and thus there are a lot of places for the parties to give and take in order to reach an agreement that resolves the issues in the matter. In a termination of parental rights and adoption matter, the negotiation seems to have more of an all or nothing feel. Either the birth parents agree to consent to the adoption and relinquish their parental rights which allows the adoptive parties to adopt the child, or, the birth parents do not consent to the adoption and the adoptive parties either give up or proceed on with a contested adoption action.  In South Carolina, we do not have a law that permits open adoptions - adoptions where birth parents can have court-ordered rights to continue some involvement in the child's life.Sometimes, there is a middle ground so mediation should probably be explored by parties to these kinds of cases.I recently participated in a mediation in a termination of parental rights and adoption action.  This was a step-parent adoption case so only one parent was in the termination of parental rights seat.  What looked to be a futile effort to satisfy a court requirement to mediate turned into a complete settlement.  After full consideration of the issues - best case/worst case scenarios in a trial and the long term relationships with the child, this parent decided not to pursue retaining parental rights and elected to have the opportunity to send a farewell letter to the child, receive annual photo albums and reports about the child, and for the child to receive contact information in the future if he were to decide to contact his birth parent upon becoming an adult.I think all of the lawyers were a little shocked by the outcome. In this case the adoptive parents were able to adopt and the birth parent retained some connection to the child that is protected by court order. It was a unique resolution to the case instead of a rigid outcome that we so often think of when preparing to mediate these issues.

Ten Facts about Adoption-Related Tax Savings

Adoptions are an exciting time in a family, but they can also be extremely expensive.  If you recently adopted or attempted to adopt a child, you may be eligible for a tax credit. You may also be eligible to exclude some of your income from tax. The IRS has recently released a list of 10 Facts about Adoption-related expenses and how they can impact your tax bottom line.1. The maximum adoption tax credit and exclusion for 2012 is $12,650 per eligible child.2. To be eligible, a child must generally be under 18 years old. There is an exception to this rule for children who are physically or mentally unable to care for themselves.3. For 2012, the tax credit is nonrefundable. This means that, while the credit may reduce your tax to zero, you cannot receive any additional amount in the form of a refund.4. If your credit exceeds your tax, you may be able to carryforward the unused credit. This means that if you have an unused credit amount in 2012, you can use it to reduce your taxes for 2013. You can carryover an unused credit for up to five years or until you fully use the credit, whichever comes first.5. Use Form 8839, Qualified Adoption Expenses, to claim the adoption credit and exclusion. Although you cannot file your tax return with Form 8839 electronically, the IRS encourages you to use e-file software to prepare your return. E-file makes tax preparation easier and accurate. You can then print and mail your paper federal tax return to the IRS.6. Adoption expenses must directly relate to the legal adoption of the child and they must be reasonable and necessary. Expenses that qualify include adoption fees, court costs, attorney fees and travel costs.7. If you adopted an eligible U.S. child with special needs and the adoption is final, a special rule applies. You may be able to take the tax credit even if you did not pay any qualified adoption expenses. See the instructions for Form 8839 for more information about this rule.8. If your employer has a written qualified adoption assistance program, you may be eligible to exclude some of your income from tax.9. Depending on the adoption’s cost, you may be able to claim both the tax credit and the exclusion. However, you cannot claim both a credit and exclusion for the same expenses. This rule prevents you from claiming both tax benefits for the same expense.10. The credit and exclusion are subject to income limitations. The limits may reduce or eliminate the amount you can claim depending on your income.