What are the steps for a South Carolina DSS Adoption

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.

Getting Started in the DSS Adoption Process

Foster parents 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.

Selection of an Adoption Attorney

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 General Counsel’s office in Columbia. Shortly after that, the DSS general counsel’s office 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).  Your attorney will prepare the adoption petition and file that with the Family Court.

Filing the Adoption Petition

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 period a Guardian ad Litem will also be requested and appointed by the Family Court. The Guardian ad Litem in the adoption case is typically different from the Guardian who worked with the children in the initial DSS removal action. The Guardian ad Litem 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.

Final Adoption Hearing

Depending on the county the adoption is filed in and the time of year, the time for hearings to be set can take from 4-8 weeks. 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 a physical, mental, or emotional disability.  This qualification further entitles the adoptive parents to additional benefits and contributions towards your adoption legal fees.

Typically, the final adoption hearing will last about 30 minutes. During this hearing the adoptive parent(s) will testify about their desire to adopt the child and discuss the bond that has been formed with the adoptive child. Following this hearing, the Family Court Judge will issue an adoption decree that finalizes the adoption.

Schedule a consultation to discuss your DSS Adoption

If you have questions about a DSS adoption, I would be happy to meet with you to discuss your adoption. You can schedule a consultation to discuss your adoption from DSS by following this link or by call Tripp Atkins at 864-558-0512.