5. List with description of all entities that may be affected by the rule
County departments of social services and human services, child-placing agencies, tribal child welfare agencies, prospective adoptive parents who intend to adopt a child in this state, and parents receiving adoption assistance following the adoption of a child who had been in the public child welfare system.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
Domestic adoptions
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. 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.
Proposed changes to the Department of State rules on intercountry adoptions were published in the Federal Register on September 8, 2016. On April 4, 2017, the Department of State withdrew the proposed rules and announced that it will be drafting new rules that are expected to be published later this year.
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
