42 USC 673 requires foster parents to be prepared adequately with appropriate knowledge and skills before a child is placed in their foster home and requires that the preparation be continued as necessary after the placement of the child. Intercountry adoptions
In intercountry adoptions, Department of State regulations at 22 CFR Part 96 require prospective adoptive parents to use a primary adoption services provider that is an accredited agency or approved person under the regulations and is responsible for ensuring that adoption services comply with the regulations. Under 22 CFR 96.48, the accredited agency or approved person is required to provide prospective adoptive parents with at least 10 hours of preparation and training before they travel to adopt a child or a child is placed with the prospective adoptive parents for adoption. The required topics include intercountry adoption processes, conditions in the child’s country of origin, and the effects of institutionalization on children. Counseling on a particular child’s history; known health risks where the child resides; and any other medical, social, educational, and developmental history about the child is also required. Proposed rules affecting intercountry adoptions. On September 8, 2016, the Department of State issued proposed changes to the training requirements for prospective adoptive parents of a child from a foreign country. The preamble states that the purpose of the proposed rules is to better prepare prospective adoptive parents for the issues facing the types of children who are currently being adopted through intercountry adoption and to contribute to the prevention of adoption dissolution and the unregulated transfer of children by families who have adopted a child from another country.
When the Department of State published the initial training requirements for prospective adoptive parents in 2006, most of the children being adopted through intercountry adoption were healthy infants or young children. The children currently being adopted through intercountry adoption include a higher percentage of older children, children with medical and other special needs, and sibling groups. The training needs of adoptive parents of children from abroad are becoming increasingly similar to the needs of prospective adoptive parents of children in the child welfare system.
The proposed rules would require prospective adoptive parents to complete the following:
• The training that is required for adoption of a child through the child welfare system is in the prospective adoptive parent’s state of residence or and equivalent if that training is not available to prospective adoptive parents of a foreign child. This training is generally around 30 hours.
• At least 7 hours of training on intercountry adoption issues similar to the requirements of the current rule with additional information on adoption dissolution, displacement, and post-adoption support.
• At least 3 hours of training that is specific to a particular child’s history and background. The training on a particular child must take place after identification of a particular child and prior to acceptance of the referral by the prospective adoptive parents.
The Department of State regulations have applied to all adoptions of a foreign child by a U.S. citizen since July 14, 2014, when The Intercountry Adoption Universal Accreditation Act of 2012 (UAA) went into effect. The UAA assures families pursuing an intercountry adoption that regardless of the country from which they intend to adopt, the adoption service provider will need to comply with the same ethical standards of practice and conduct. From July 1, 2008, to July 13, 2014, the Department of State regulations only applied to adoption services provided for a U.S. prospective adoptive parent if the child resided in a country that was a party to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. The Hague Convention is a multi-lateral treaty that entered into force in the U.S. on July 1, 2008.
In addition, a U.S. Citizenship and Immigration Services regulation requires that prospective adoptive parents who obtain guardianship of a child from a foreign country with the intent of adopting the child in their state of residence must have completed any preadoption training required by their state of residence before the child’s immigration petition will be approved. 8 CFR 204.305 7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
Contact Person:
Kate Sepnieski, Chief
Adoption and Interstate Services Section
(608) 422-6914
