A White Paper on Public and Private
Adoption in Colorado
May 2004
Introduction
According to the Colorado State Judicial Department, 2,956 adoptions were finalized in state fiscal year 2003.[1] This number has remained relatively constant since 1999 and includes stepparent and relative adoptions. It does not include adoptions that were finalized outside of the state by Colorado residents. Children whose parental rights have been relinquished or terminated may be adopted through the public county social services system or through private adoption agencies. This white paper addresses both public and private adoptions.
Who Are These Children?
Based on statistics from 32 of Colorado’s 64 counties, the Colorado Department of Human Services reported in April 2003 that 881 children were available for public adoption and awaiting permanent families.[2] Many of these children were abused or neglected and were available due to voluntary relinquishment or termination of parental rights. Children become available for adoption when the State takes custody of a child due to abuse, neglect or the parent’s incapacity and parental rights are subsequently terminated or when birth parents relinquish their parental rights of their own free will and choice. Both require court involvement. The county social services system typically maintains custody of a child in out-of-home placement through the child’s eighteenth birthday, absent a disability or other special circumstances.
More than 48 percent of these children had been available for adoption for two years or less, 45 percent had been available for between two and eight years, and 7 percent had been available for and awaiting permanent homes for more than eight years. Some 10 percent were three years of age or under, with 27 percent between the ages of four and ten. Almost 52 percent were between the ages of ten and seventeen, and 14 percent seventeen years of age or older. Of the 881 children, 31 percent were Hispanic, 19 percent were African American, 3 percent were identified as mixed ethnicity, and almost 47 percent were Caucasian. These figures do not include the children made available for adoption through private adoption agencies when birth parents voluntarily relinquish their parental rights.
History of Adoption in Colorado
Colorado has come a long way since the 1880s when “orphan trains” traveled from the east coast to the west, stopping along the way, allowing orphaned children to be paraded in front of local townspeople, who were encouraged to choose a child or two. As this practice subsided, Colorado’s first orphanages appeared. Mount Saint Vincent Orphan Asylum (1882) and several others soon became filled with “waifs.” The relinquishments and adoptions that took place were completed behind veils of secrecy and shame.
At the turn of the 20th century, American courts began to apply the English doctrine of parens patriae, expanding the state’s role in protecting orphaned children. Denver initiated the second juvenile court in the country and firmly established the rehabilitative nature of the juvenile court system. The role of faith-based organizations grew during the Great Depression. The Social Security Act was passed in 1935, and the advent of formal state child welfare departments followed.
Private, faith-based nonprofit adoption agencies expanded during the 1940s and 50s. International adoption in Colorado surfaced during the Korean War (1950s) and the Viet Nam War (1970s). Colorado was also among the first states to enact the Interstate Compact for the Placement of Children (ICPC) (see Appendix C). For the first time, subjects like adoption subsidies, foster care reimbursements and Medicaid subsidies were discussed.
In 1967, Colorado adopted the Children’s Code, creating statutory protections for children, including those who became “wards of the state.” In 1987, the Designated Adoption Law was enacted, permitting relinquishing parents the opportunity to choose their child’s adoptive family. This was followed by the Colorado Confidential Intermediary Service statute (1989), which allowed for adoption record information to be exchanged among members of the adoption triad (birth parents-adoptive parents-adopted child) if consent was given and if conducted by a trained intermediary, which has included private Child Placement Agencies (CPAs) since 1999. In 2003, the General Assembly passed the Expedited Voluntary Relinquishment bill. It allows birth parents to voluntarily relinquish an infant under the age of one without a court hearing, thus expediting the adoption finalization process.
Today adoptions are more open, with much less shame and secrecy. More is known about child development, separation and attachment and the needs of children and families than 128 years ago. What has not changed is the need to protect children and provide them with permanent loving homes.
How the System Works in Colorado
Adoption provides permanent homes for children who are available for adoption because their biological parents have voluntarily relinquished their rights or the court has terminated their rights. Some children available for adoption are in public or private foster care placements arranged through the county departments of human services. Most have experienced abuse or neglect, although some children may enter the child welfare system upon the incarceration, death or serious illness of a parent or guardian.
Biological parents may also voluntarily relinquish their parental rights. Although county departments sometimes provide relinquishment counseling, most birth parents who wish to make adoption plans for their babies obtain services through private child placement agencies.
A CPA is any Colorado-licensed corporation, partnership, association, firm, agency, institution, or person that places or arranges for placement for care, any child under the age of 18 years with any family, person, or institution other than persons related to the child.[3] To arrange for placement means to act as an intermediary by assisting a parent, guardian or legal custodian to place or plan to place a child with other than a relative for the purpose of foster care or adoption.
Due to the nature of the parent-child relationship and the potential for exploitation of the birth parents, the child and the adoptive parents, Colorado governs adoption through statutes and regulations. Laws concerning relinquishment and adoption are found in Colorado’s Children’s Code.[4] In addition, the Colorado Department of Human Services Board adopts rules or regulations that govern the activities of Child Placement Agencies.[5] Together the statutes and regulations help ensure that all parties--birth parents, adoptive parents and child--are protected.
The statutes and regulations require that a child be legally available for adoption before being adopted and that adoption is in the best interests of the child. The court is responsible for reviewing foster care placements and finalizing adoptions. Birth parents’ constitutional rights require courts to apply a standard of clear and convincing evidence prior to terminating parental rights. Adoptive parents are protected when the court enters a decree of adoption. Adoptive parents are interviewed, studied, monitored and supervised to ensure that the placement is secure and in the best interests of a child. They must meet certain legal requirements that protect them as well as the foster care and/or adoption process.
Out-of-state adoption "facilitators" have become increasingly active in Colorado, and their activities may pose a risk to the child, the birth parent(s) and the adoptive family. Facilitators generally advertise their counseling and placement services in the phone book or on the Internet. Many operate in Colorado, despite the fact that they are not licensed in Colorado, and perform services in violation of Colorado law.[6] Their motivation often appears to be primarily financial gain as their adoption fees are often double or triple those charged by licensed adoption agencies. Their practices raise serious ethical concerns and are often contrary to best social work practice in Colorado.
County adoptive homes are recruited, licensed and monitored by the county departments of human services. Child Placement Agency adoptive homes are recruited, certified for foster care and monitored by the CPA. The CPA, in turn, is licensed and monitored by the Colorado Department of Human Services. There are significant differences between the manner in which counties administer their adoption programs and the manner in which private CPAs administer their programs. Some of the most significant differences are summarized in Appendix A.
Federal Laws and Policies Affecting Adoption
The primary responsibility for child welfare services rests with each state, which has its own legal and administrative structures and programs to address the needs of children. In addition, states frequently must comply with specific Federal requirements and guidelines in order to be eligible for Federal funding of certain programs. Some of the more important federal laws regulating adoption services are identified in Appendix C.
Barriers and Risks in Adoption
Although adoption has changed dramatically over the last few decades and is seen as a more positive option for birth parents, social acceptance and emphasis on the birth family has occurred as well. Teens sometimes perceive keeping their babies as a status symbol and may believe it means they will always have someone to love them. There is also less stigma surrounding single parenting and more resources available in the community. In addition, family and friends are now more willing to be supportive of the plan to parent with emphasis on family members raising the child if the birth mother or father cannot.
Families, both birth and adoptive, face many barriers throughout the adoption process. The challenges range from societal and legal issues to complicated birth family histories, all of which may delay finalization of the adoption process.
Choosing Adoption
In Colorado a woman who has an unplanned pregnancy has several options, including terminating the pregnancy, choosing to parent, allowing a family member to parent or developing a plan for adoption. Deciding what choice to make and how to make it can be a difficult and emotional process. Caring, sensitive and professional counseling can assist a birth mother in reaching the best decision for both mother and child. In Colorado, birth parents contemplating adoption are required to receive relinquishment counseling. This counseling is usually available through private adoption agencies at no cost and often includes counseling to understand the motivation for relinquishment, the finality of the decision, grief and loss issues and future plans.
Birth fathers have legal rights and are equally entitled to birth parent counseling to explore their options. Occasionally birth father issues complicate the process. These issues may include denying paternity, determining the biological father from among several potential fathers, and failing to cooperate with the adoption plan chosen by the birth mother. Trained birth parent counselors can often assist with these issues.
Birth parents in Colorado are permitted some pregnancy-related expenses if they demonstrate need. Support may be provided in the form of rent, food, maternity clothing and medical expenses. Most agencies will help birth parents choose the adoptive family, meet the adoptive parents, establish a system for on-going communication through photos or letters, or, in some situations, on-going personal contact.
Adoptive parents have several options as well. They may consider domestic or international adoption, an infant, special needs or older child, siblings, or children whose race or ethnicity differ from their own. There are many countries that work with U.S. agencies on a frequent basis, including Korea, Russia, China, Guatemala and former eastern bloc countries. Nothing in Colorado law prohibits single adults from adopting.
All prospective adoptive families must undergo a family assessment or home study before being approved for an adoptive child. Either a private adoption agency or the county department of human services must conduct the home study. The Colorado Department of Human Services requires pre-adoptive training for potential adoptive parents, even if they have other children. One reason for this requirement is that adopted children often have issues and developmental challenges in addition to those typically experienced by biological children. Adoptive parents bear the costs of adoption, which may differ depending on the type of child, the agency, the services and the country of birth.
Sometimes subsidies may be available for families that adopt a child with special needs or a Colorado child who has been available for a permanent home for some time. The adoption agency can assist in understanding and applying for a subsidy.
Post-Adoption Services and Resources