CAFCA
Adoption Committee MinutesCAFCA
Adoption Committee Minutes
January 12, 2006
Attendees: Kurt Olsson – LDS Family Services (Chair), Janet Langille – Adoption Alliance, Roberta Long-Twyman – Adoption Choices of Colorado, Maggie Spain – The Bawmann Group, Katie Mason – CAFCA, Carol Lawson – Adoption Options, Cindy Sari – Adoption Dreams Come True, Melissa Maile – Catholic Charities, Joanne Gallagher – Adoption Advocacy & Alternatives, Christina Estes – Adoptions, Erin Jones – Lighthouse Adoptions.
FBI Fingerprint Check: Carol brought to the committee’s attention the upcoming rules for the implementation of the requirements for adoptive families to have a national fingerprint based criminal background check completed. Initially, Dana had said that the results were required to be received by the CPA prior to the finalization of the adoption. Now, the department is proposing rules that require no approval for a family until after their results have been received from the FBI. That creates problems for many families, because of the length of time required to receive those results. Two major impacts are anticipated: prolonged approval processes and complications for designated adoptions (which usually come together with little time to spare before the baby is born). Carol encouraged all the members of the committee to contact Dana Andrews (dana.andrews@state.co.us) to express concern about the impact of these rules. It was suggested that the rules should either reflect the requirement of having the screen completed by finalization or be applicable only to foster care so that a provisional certificate can be granted while the FBI results are pending. After the meeting, Kurt looked up the newly enacted legal authority for requiring the FBI checks and found the following language in the statute:
(2.5) (a) (I) In all petitions for adoption, whether by the court, the county department of social services, or child placement agencies, in addition to the written home study report described in subsection (2) of this section, the court shall require the county department of social services, the designated qualified individual, or the child placement agency to conduct a criminal history records check for any prospective adoptive parent.
(II) For purposes of fulfilling the criminal history records check required in subparagraph (I) of this paragraph (a), the state board of human services shall promulgate rules concerning petitions for adoption when a child is placed for adoption by the county department of social services or a child placement agency to require each prospective adoptive parent attempting to adopt a child placed for adoption by the county department of social services or a child placement agency to obtain fingerprint-based criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation. The prospective adoptive parent to whom this subparagraph (II) applies shall be responsible for the cost of the criminal history record checks.
It is the court that requires the check to be completed for an adoption petition. According to this statute, since the family does not petition the court for adoption until after placement, the FBI screen is not required for approval, but for finalization. We should not be required to have the FBI results prior to placement. The reality is, most families do have those results prior to placement, but there are occasions (like designated adoptions) where that is impossible. In these situations, it is important that we retain the ability to place the child with a provisional license. The family would still, however, need to be approved for adoption. The statute makes room for the rules to permit a family to be approved for adoption and certified provisionally for foster care prior to receiving FBI results. We need to make sure the rules allow this as well.
Ongoing SAFE Trainings: There is currently a list being managed by Joann Kanost for agencies and people that need the initial SAFE training provided to new employees, etc. Once there are enough people on the list, they put together a training meeting. So, if you anticipate needing an employee trained for SAFE that has not yet been trained, you should contact Joann (Joann.Kanost@state.co.us) to reserve a place in line!
2006 Committee Goal(s)/Public Relations: Together with Maggie Spain of The Bawmann Group (the public relations firm retained by CAFCA); the committee discussed the possibilities for increased public awareness of relinquishment as a positive option in the best interest of children. The consensus was that influencing public opinion to regard placing a child for adoption as an act of love and responsibility, as opposed to an act of selfishness and irresponsibility, would be a desirable goal to work toward in 2006. A couple of prominent ideas surfaced as possible events that could trigger some media response. A maternity clothing drive could be held, at which birth parents would be available for comment. Another idea was a Father’s Day event, celebrating birth parents’ intent of giving fathers to their relinquished children. In addition, the committee decided there was a need to have a unified voice with regard to placing a child for adoption, that it would be good to have some kind of a catch phrase that concisely described the positive attributes of placing a child for adoption that could be used by all the members of the committee in their interactions with media representatives. Something that would be easily interpreted by the general public and convey the appropriate meanings of such an act. Discussion and planning will continue toward these goals.
Possible legislation for 2006: The cradle care licensing issue and the independent licensing of child care homes and family foster care homes is on the list of items to be addressed in a bill presented by CDHS this session. As of this writing, it is uncertain whether the department will be presenting this bill this year or not. The committee was willing to pursue an independent bill to address this issue if Dana was unable to present it this session. This would include the creation of a new definition of “cradle care home” with similar training requirements for licensing as are required of adoptive families adopting infants. It would also include a permissive statement regarding independent licensing of foster care homes and home child care facilities.
Next Meeting Date:
In case we need to meet again during the legislative session, a tentative schedule for a meeting on Feb. 9th from 9:30-11:30 at LDS Family Services was made. Kurt will send out an email if the meeting is going to be necessary. Otherwise, the next committee meeting will be held on Thursday, March 9th 9:30-11:30 at LDS Family Services, 3263 Fraser St., Suite 3, Aurora, CO 80011.
Kurt Olsson, LCSW
Adoption Committee Chair