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Content submission deadline: July 16, 2020
If you have any topics you would like to see covered in this newsletter, please email: Contracts.Adoption.DHS@state.mn.us
The Permanency Support Unit update is a collaborative effort by Permanency Support Unit staff.
A message from Nikki Farago, Assistant Commissioner of Children and Family Services Administration
Over the past month, Children and Family Services Administration staff have reflected on the murder of George Floyd, the protests, and the response by our leaders and communities. The present, sadly, is a reflection of past atrocities committed against African Americans where horrific, violent acts have been fueled by racism – systemic and otherwise. By taking time to learn about our past and these individuals, we have the opportunity to examine our histories, our communities and ourselves more closely. My hope is that, by listening and learning, we will become a better society.
This is an opportunity to challenge our worldviews, listen and develop from the experience of others. I encourage you all to take the time to learn from our history – acknowledging progress while identifying the significant work we have ahead us – and grow. By doing this, we can all be better allies, better communities and a better society in the fight for equity, dignity and freedom.
Commitment to anti-racist work and inclusivity
The Permanency Support Unit recognizes and acknowledges the reality of institutional racism in our systems, including adoption and permanency, and the impact it has had on communities of color and other marginalized communities. Our area is not immune to racial and ethnic disparities. To that end, we have committed to a short- and long-term review and assessment of our policies, practices, and laws to determine where and how changes can or should be made to ensure racial equity and inclusivity, and promote better outcomes for children and families who are disproportionately represented in permanency and adoption.
Find COVID-19 updates from DHS and Children’s Bureau
To find the most up-to-date information for providers, counties, tribes and members of the public, visit the DHS website. As changes evolve at federal and state levels, we will update this page with the latest information. To be notified when changes occur, you can also sign up for email notifications. View a list of all DHS waivers and modifications under peacetime emergency authority, Executive Order 20-12.
Permanency Support Unit staff are following Governor Walz’s and the Commissioner’s recommendations as outlined.
The federal Children’s Bureau has created a COVID-19 resources webpage, including resources and updates from Jerry Milner, Associate Commissioner of the Children’s Bureau, which are available on the right side of the webpage.
Emergency assistance to legacy adoption assistance families
The Permanency Support Unit is offering assistance to legacy adoption assistance families during the COVID-19 pandemic. Families were able to apply for a grant for needs related to the COVID-19 pandemic, which include, but are not limited to: food, gas, educational supplies, technology, home modifications and clothing. To be eligible, the application had to provide information that explained why this need is present as a result of the pandemic. Legacy adoption assistance families were notified of this grant program as well as application instructions, so no further action is needed. The Permanency Support Unit is no longer accepting applications, as the deadline has passed. If there are questions please contact mn.sae@state.mn.us.
Emergency background studies and permanency
We have received numerous emails and phone calls expressing concern about emergency background studies. We recognize the concerns and will communicate solutions as soon as we are able. As a reminder, our guidance was issued on May 15, 2020, for public and private child-placing agencies using emergency background studies for adoption, transfer of permanent legal and physical custody (TPLPC), Northstar Adoption Assistance, and Northstar Kinship Assistance. Because the waiver authority does not extend to adoption or Northstar Care for Children statutes, DHS cannot approve Adoption Placement Agreements, Northstar Adoption Assistance eligibility, or Northstar Kinship Assistance eligibility when emergency background studies are used. DHS strongly recommends that private child-placing agencies do not approve adoptive placements or home studies using only emergency background studies. Courts have been advised to not finalize adoptions or TPLPCs with emergency background studies. Once the peacetime emergency is over, child-placing agencies must ensure all individuals subject to emergency background studies submit fingerprints to complete background study requirements.
Also, please note if a background study was submitted prior to April 6 without fingerprints, and fingerprints are not received by DHS by June 30, that background study will close. Questions about this deadline should be directed to: dhs.awbackgroundstudy@state.mn.us.
Potential training changes due to COVID-19
Please contact the agency sponsoring the training directly to determine if there are any changes to scheduled training, including cancellation, format, location and delivery.
Relevant DHS training opportunities
Northstar Permanency Quality Assurance staff are hosting trainings on topics related to adoption, transfer of permanent legal and physical custody (TPLPC), and Northstar Adoption/Kinship Assistance benefits. The next training is Tuesday, August 11, where staff will provide a broad overview of the adoption process for children in foster care. As of the date of this newsletter, this training will be held online. If the training format changes, attendees will be notified. Register for these trainings on TrainLink. For more information, visit the training webpage or email Northstar.Benefits@state.mn.us.
Conferences and events
North American Council on Adoptable Children’s annual conference will start August 26, and workshops will be featured for four days online. Registration is now open. There are plenty of registrations options; attendees can choose to attend the sessions live, by recording or both! Attendees who register prior to July 17 will avoid late fees.
Other training opportunities
The MN ADOPT Education Program has many training opportunities for July 2020. One to highlight is a FREE webinar with Author Marc Brackett, Ph.D., on Emotional Intelligence. Sign up here.
Children’s Home Society is offering foster care adoption education classes during July. Educational classes have been switched to a 2-day online format. This change allows Children’s Home Society to accommodate more attendees, and they have found the format successful in continuing to provide incoming foster and adoptive families the information they need to move forward in their process. Contact Maddie Hilsabeck with any questions at maddie.hilsabeck@chlss.org.
Contact and communication agreements for siblings
We provided a review of information in April about contact and communication agreements between adoptive parents of a minor and birth relatives. We would like to clarify and remind agencies that agreements can (and should) be created to ensure contact between siblings after adoption. This is also in line with the Foster Care Sibling Bill of Rights for children in foster care.
Requirements for signing Adoption Placement Agreements
When a county is making an adoptive placement of a child under guardianship of the commissioner, the county must ensure the placement is in compliance with state laws and requirements. The following must be completed prior to making an adoptive placement:
- A prospective adoptive parent must have an approved adoption home study, with the exception of a licensed foster parent seeking to adopt a child who is in the foster parent’s care (see Minnesota Statutes, section 260C.611). The placement worker must review the adoption home study to assess the ability of the prospective adoptive parent to meet the needs of the child, evaluating parental strengths, capacities, and areas of concern related to the identified child’s needs.
- The adoption home study process must also include completion of an Adam Walsh–compliant background study on all required household members.
- Counties must ensure full disclosure is provided to prospective adoptive parents prior to making an adoptive placement and signing the Adoption Placement Agreement. Please review the DHS Policy on Full Disclosure to Prospective Adoptive Parents of Children under Guardianship of the Commissioner.
- Counties are required by law to make every effort to place siblings together for adoption. DHS cannot fully execute Adoption Placement Agreements for siblings who are being separated for adoption without court approval of a sibling separation proposal.
Sibling separation assessments by outside professionals
When siblings are under guardianship of the commissioner at the same time, counties are required to make every effort to place siblings together for adoption. If, after a county has made reasonable efforts and determined it is not in a child’s best interest to place siblings together, the county may submit a sibling separation proposal to the court. The court will then determine whether to approve the county’s sibling separation proposal, based on information provided to the court and Minnesota Statutes on sibling placement requirements.
As a permanency team considers separating siblings, this may include an assessment by an outside professional. Although this outside assessment can provide a qualified perspective, it is important to note this is an assessment of the case and the siblings’ relationship at that time. An outside assessment should be used as one factor in making a decision to separate siblings for adoption, rather than the sole, deciding factor. The permanency team should continue to assess throughout the case what placement options will be in the best interests of the child(ren). As cases change and progress, it may no longer be in the best interest of the children to be placed separately, so the permanency team should continue to evaluate this decision until all Adoption Placement Agreements have been fully executed and/or adoptions finalized.
Public Private Adoption Initiative (PPAI) child-specific recruitment services for siblings
The Minnesota Department of Human Services contracts with private child-placing agencies to provide adoption services and adoption-related services to children under guardianship of the commissioner or tribal guardianship. As part of this service array, most of the private child placing agencies contracted with the department are available to assist county and tribal workers in efforts to locate a permanent family. Child-specific recruitment services involve intensive efforts to identify an adoptive family. These services can be provided to sibling groups as well. If the intention is to place siblings separately, a child may not be referred for child-specific recruitment services until a sibling separation is approved by court. Prior to a court-approved sibling separation, child-specific recruitment services would need to be provided to all members of the sibling group.
Eligibility for PPAI child-specific recruitment services: Children must be age 6 or older, unless part of a sibling group, and routine recruitment activities must have been unsuccessful. Also, children must be under guardianship of the commissioner or tribal guardianship to be eligible for services. Child-specific recruitment services may be provided to youth, ages 18 to 21, who are in extended foster care as well. A child must be registered on the State Adoption Exchange to be eligible for child-specific recruitment services through the Public Private Adoption Initiative program. For more information about all adoption services offered through the program, please review the Public Private Adoption Initiative fact sheet.
Contact and visitation requirements for siblings not placed together
When siblings are separated for foster care or adoption, counties are required to provide frequent visitation, or other ongoing interaction, between the separated siblings. The exception is if a county has documented that this type of interaction is contrary to the safety or well-being of any of the siblings. See Minnesota Statutes, section 260C.212, subdivision 2 (d).
This requirement is reiterated in the Foster Care Sibling Bill of Rights, which states that siblings in foster care who are not placed together have a right to frequent contact and visitation with one another, and with their siblings who are not in foster care (whenever possible), unless such contact or visitation is not in the best interests of any sibling.
The Foster Care Sibling Bill of Rights also states that a child’s access or participation in visits cannot be withheld or restricted as a consequence for behavior. Rather, visits must only be restricted if the county documents that visits are contrary to the safety or well-being of any of the siblings. Moreover, social workers, parents, foster care providers, and older children are required to cooperate with one another to ensure regular visits and coordination of dates, times, transportation and other accommodations as necessary. Each sibling’s service plan must include a description of the siblings’ visitation plan; counties are responsible for ensuring such plans are implemented and followed.
MN ADOPT’s second annual back-to-school shopping event
The back-to-school shopping event will take place at the end of August. This opportunity is for children in foster care, who are listed on the State Adoption Exchange, to shop for back-to-school clothing with a local sheriff in their community. Each child will be given a $200 Visa gift card to pick out new clothes for the new school year. Fill out this form to have your children/youth considered for this awesome opportunity. Contact Kim Sacay with any questions at ksacay@mnadopt.org.
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