Children in the custody of the Children’s Division, with a goal of adoption, yet not legally free for adoption, pose a legal risk to their potential adoptive parents. Circumstances which lead to a legal risk include, but are not necessarily limited to, the following:

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  • The plan is adoption, but parental rights for one or all of the parents have not been terminated.
  • Parental rights have been terminated by the court of jurisdiction and parent(s) have appealed the decision to an appellate court.
  • Plan for publication is in process but not yet accomplished.
  • Parents have signed voluntary consents to adoption but the court has not legally terminated parental rights

The family accepting the child(ren) as a legal risk placement must understand that the goal of adoption may not be obtained and/or the child(ren) may be returned to the home of the parents.

Whatever the circumstances, it is imperative the prospective adoptive parents be provided the Legal Risk Statement, CD-191, describing clearly the legal risk involved with the child, which would need to be resolved prior to the adoption becoming finalized. The prospective adoptive parents shall be required to sign and date the Legal Risk Statement, CD-191.

If parental rights have not been terminated, the prospective adoptive parents must be licensed as foster parents. Both the child and parents are eligible for foster care services.