According to Missouri Statute 453.070, RSMo “Any adult person or persons over the age of eighteen, who, as foster parent or parents, have cared for a foster child continuously for a period of nine months or more and bonding has occurred as evidenced by the positive emotional and physical interaction between the foster parent and child, may apply to such authorized agency for the placement of such child with them for the purpose of adoption if the child is eligible for adoption. The agency and court shall give preference and first consideration for adoptive placements to foster parents. However, the final determination of the propriety of the adoption of such foster child shall be within the sole discretion of the court.”

In addition, RSMo 210.566 states:  “If a foster child becomes free for adoption and the foster parents desire to adopt the child, they shall inform the caseworker within sixty (60) days of the caseworker’s initial query. If the foster parents choose not to pursue adoption, they shall make every effort to support and encourage the child’s placement in a permanent home, including but not limited to providing information on the history and care needs of the child and accommodating transitional visitation, per RSMo 210.566.

The Division implements this requirement when the child is legally available for adoption or when it appears very likely the child will be legally available for adoption by assessing the interest and capacity of the present family to adopt the child. Additionally, it is important to note that neither the Division nor the statute provides a guarantee that the present resource provider family will be approved or granted the right to adopt the child in their care. As in any adoption, only the juvenile court has the final authority to approve the adoption of a specific child by a specific family.

During the staffing process the worker/team making adoption plans for a child should consider the foster parents’ capacity to meet the child’s long-term needs through adoption prior to considering other adoptive families.

In making the selection of an adoptive family, consideration must be given to all of the child’s current and future needs.  Since adoption is a lifetime commitment for both the family and the child, attention must be given to assessing the many issues involved in meeting the child’s needs and the ability of a prospective adoptive family to meet those needs.

In assessing resource provider families who currently have the child in care, the Division will assess the following factors:

• The length of time the child has been in the family’s care
• The attachment of the child to the family and the ability of the child to make new attachments
• The age of the child at placement with the specific family
• The child’s medical, educational, emotional, social, cultural identity and the family’s demonstration of meeting these needs as a predictor for successful parenting throughout the child’s growth to adulthood
• The family’s understanding of the purpose and meaning of the adoptive relationship
• The child’s desire to be adopted by the specific family
• The child’s acceptance as a member of the immediate family and understanding of the child’s role in the extended family
• The child’s assimilation into the family, including the family’s ability to encourage and preserve the child’s cultural identity and religious background
• Whether the child has siblings that will need placement with the child
• The need for continued contact (after adoption) with siblings, other relatives/kin and significant others
• The family’s acceptance of legal risk
• The child’s unique parenting needs

When adoption becomes the permanency goal, the worker shall inform the current resource family of:

• The nine month preference statute and placement selection policies. This can be waived for supervision or desertion of the judge
• The required completion of an adoptive family assessment
• The required filing of the adoption petition within 90 days of the Division’s recommendation/approval for the family to adopt the child
• The Division’s willingness and desire that they have full opportunity to express their interest in adoption and to provide assistance in reaching this decision
• The range of factors that are assessed in determining their capacity to parent the child
• The availability of an adoption subsidy to assist in meeting the immediate and long-term costs of the child’s needs
• The child’s right, after age 18 to file a request with the court granting the adoptee to obtain identifying information about the biological parents or adult biological siblings
• Their right, legal guardian’s, and the child’s right, at age 18, to secure non-identifying information regarding the biological parents and siblings via completion of CS-50
• The child’s right to register with the Adoption Information Registry via CD-51a at age 18 if he/she wishes to indicate a desire to be contacted by the biological parents or adult biological siblings
• The Family Support Team may serve as an Adoption Staffing if the only family being considered is the current placement providers. Use of a formal staffing team is still required if recommended by the Family Support Team or Regional Director.

If the resource provider elects to adopt the child, they will not be a member of the staffing team.  When the resource parent chooses not to pursue adoption, they shall make every effort to support and encourage the child’s placement in a permanent home, including but not limited to providing information on the history and care needs of the child, accommodating transitional visitation and participating in the Adoption Staffing as a mandatory team member.

Confirm the family’s interest in adoption within seven (7) days of explaining the permanent plan.  If the family is not interested or appropriate, seek another adoptive family to achieve permanency.  If interested, refer the family for adoptive application and family assessment to adoption specialist.

Record any factors that resulted in the decision that the current resource family is appropriate as an adoptive parent within five (5) working days of decision.