The child-placing agency shall select prospective adoptive parents who have the capacity to assist in the achievement of the permanency goal. For all private adoptions, the child-placing agency shall:

1. Make efforts to involve the birth parents in the selection of the prospective adoptive parents.

2. If appropriate, make a legal risk adoptive placement, prior to the termination of parental rights, into the home of a prospective adoptive parent of that child, provided that: a. The prospective family home has been fully studied and recommended for adoption placement; and b. The prospective adoptive parents sign a document acknowledging that they understand the risk of the birth parent reclaiming the child and that the prospective adoptive parents will return the child to the child-placing agency upon the child-placing agency's request.

3. Recruit foster care providers to provide interim care for infants being relinquished to the custody of the child-placing agency prior to the adoptive home placement of the child, if applicable.

4. Collaborate with the department to identify a licensed foster care provider for the child-placing agency to access for interim care for infants. Permission must be limited to a specific child for a specific period of time. The child-placing agency shall provide the same information to the licensed foster care provider as it would provide to the child-placing agency's foster care provider.

History: Effective April 1, 2010; amended effective April 1, 2016; April 1, 2024.

General Authority: NDCC 50-12-05

Law Implemented: NDCC 50-12-08