One of the most frustrating things I’d hear after asking how long it takes to adopt was, “It depends; each case is so different.” I didn’t get why this answer kept getting thrown at me since I knew a bit about the Adoption and Safe Families Act of 1997 (ASFA) which provides somewhat of a time line for cases to be processed. I knew each case was different, but I’d hoped to hear more about deadlines and statistics for adoptions in our state.
Since 2001 I have been involved with a few different state adoption support groups. I find myself getting asked the same questions I was asking, and giving the same answers I was given. Although there may be a general guideline, out of all the cases I’ve heard about, not one has been completely identical.
There are many factors that play into the uniqueness of a case:
- States and Counties: Different states, different laws and ways of running things. States and counties might have varying laws as to how long a child is to be in a home before adoption can be filed and what resources may be available to families. There are some counties that work pretty openly with others and some who prefer to keep their matters closer to home running things their own way within their legal rights.
- Case Workers: Not only is every case worker different in personality, but in experience too! I have encountered case workers who would not divulge any information or accept any updates on the case I’d offer, to those who are gracious for information and support and those who were as open as they could legally be due to the nature of the case. Some case workers who are new may not be as versed on policies and are still learning about what documentation and information need to be processed and when. This can sometimes delay a case.
- Judges: To some people’s frustration, judges don’t get to rule with their hearts but have to stay within the law. Though judges do have some powers in a case, much of their legal ability to rule weighs on the case worker doing their part, the birth parents doing theirs and the assistant attorney general (AAG) or district attorney (DA) doing theirs.
- AAGs or DAs: In order for the state to move toward terminating parental rights (TPR), there needs to be enough evidence that they can win. It’s not worth their time or the tax payer’s money to fight a losing case. Often a case worker might be ready to move the case to TPR but the DA will recommend offering further services to the birthparent first which may prolong the case.
- The Child’s Parents: So much depends on the parents as well. Have they lost a child or children prior to the case at hand; if so, how long ago? Have there been changes in circumstances since then? Are they working at all with the state toward their reunification plan? Though ASFA has some guideline(s) making it so parents can’t drag a case out forever, the states are supposed to supply the parent(s) with reasonable opportunity to get back on their feet.
- Appeals: Though state laws vary, parents may have a determined length of time in which they can appeal a decision such as TPR. Whether or not they actually have a legitimate case is one thing, but an appeal can drag a case out months sometimes.
If a family is being presented at a committee or a staffing, and are chosen, it may be possible for families not chosen to appeal the decision as well delaying placement.
- Case Loads and Schedules: Perhaps the hardest thing while waiting for either your placement or finalization is knowing your part is done and sitting on someone’s desk in a pile of other families’ documents. Whether documents are sitting at your state’s central office for processing, or on a case worker’s desk, this can weigh on the timeline. Too often case workers are overloaded with cases. Some end up taking their work home to do. It’s easy for them to become side tracked so a friendly, empathetic, “hey, did you happen to get…” is sometimes appreciated. Often too, things take time to get scheduled. Judges may have to book cases months ahead, committee members may need to coordinate schedules to meet, and case workers usually have their fair share of demands as well.
Still there are other factors involved affecting each case: foster parents, the adoptive family, the child’s needs, holidays… I wish I could give others some clearer answers, but unfortunately all I have is the same excuses everyone may be used to hearing.
For more information on state adoptions, please visit Adoption Blogger Ed Paul’s blogs on state adoption: http://members.families.com/fatherofeight/blog
Melissa is a Families.com Christian Blogger. Read her blogs at: http://members.families.com/mj7/blog