ACL 08-43: Release Of Information To Birth Relatives Of Previously Adopted Children (10/6/08)

Transmittal of information about a new law that allows for the release of information to birth relatives of previously adopted children whose adoption failed or was set aside, and the child returned to the foster care system. The provisions of this statute apply to a child who meets all of the following criteria: 1. Does not have an appropriate potential caretaker that exists from his/her adoptive family, including a non-relative extended family member (NREFM) of the adoptive family; 2. Was previously a dependent of the court; 3. Was previously adopted and the adoption has been disrupted, set aside or has been released into the custody of CDSS or a licensed adoption agency by the adoptive parent(s); and 4. Was not the subject of a voluntary relinquishment by the birth parent(s). Effective January 1, 2008, when a child who meets the above criteria is removed, the agency should use the same standards and procedures to identify a safe and permanent home as utilized when a child is removed from their birth parent(s). The same preferential consideration given to a birth relative who requests placement of the previously adopted child in their home should be used. Once the birth relative is found, and desires to provide a safe and permanent home, the agency may furnish identifying information relating to the child to that relative, if doing so promotes the welfare of the child. [Download]