Wyo. Code R. 049-0029-14
Providers of Substitute Care Services, Certification of
Chapter 14: Adoption Agencies
Effective Date: 09/03/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0029.14.09032021
ADOPTION AGENCIES
(a) All Adoption Agencies shall comply with all sections of this Chapter and the following Chapters and Sections in these Rules:
(a) Adoption is the method provided by state law, which establishes the legal relationship of parent and child between persons who are not so related by birth. This relationship can only be termed “adoption” after the legal process is completed.
(b) Adoption Agencies conducting business within the State of Wyoming shall have an office within the State of Wyoming and be certified as an Adoption Agency by the certifying authority.
The program shall have, at a minimum, an Administrator/Executive Director and sufficient professional staff to provide for all components of the agency’s adoption activities.
(a) The Administrator/Executive Director shall supervise the agency and conduct business from an office located in Wyoming.
(b) A staff member shall have a minimum of a bachelor’s degree in the human service field if he/she directly supervises non-degreed staff.
Adoption Agency staff shall complete a twenty (20) hour orientation program and twenty (20) hours of annual training.
Section 5. Adoptive Family Screening. The Adoption Agency shall utilize policies and procedures to place children with families capable of providing quality care. The following safeguards shall be built into the program:
(a) As part of the approval and screening process, the Adoption Agency shall complete a home study.
(b) An abuse and/or neglect Wyoming Central Registry check and a central registry check from all other states he/she has lived in for past five (5) years, and a finger print based national criminal history record shall be completed (Chapter 3, Section 10).
(a) All Adoption Agencies shall complete and keep on file the following prior to approval:
(i) Background checks on the prospective parents as set forth in Chapter 3, Section 10.
(ii) References. Three (3) positive references shall be obtained for each prospective adoptive parent:
(A) Two (2) non-relative references from persons who have known the applicant for at least two (2) years, and have a general knowledge about the applicant’s ability to care for children.
(B) One (1) references (e.g., parents, siblings) to assess family relationships and support the appropriateness of the applicant as an adoptive parent.
(iii) Physician or other medical professional statement verifying prospective adoptive parent is physically, cognitively, and emotionally capable of providing care for the child(ren).
(iv) Three (3) or more interviews shall be held with the prospective adoptive parent(s):
(A) Interview each prospective adoptive parent and household member separately (if age appropriate):
(I) Obtain necessary biographical information; and
(II) Assess each family member’s attitude with regard to adoption.
(B) Provide sufficient information to acquaint the family with the Adoption Agency and its philosophies and practices; and
(C) At least one (1) interview shall be conducted at the family home with all family members present.
(b) Health and Safety Inspection. The Adoption Agency shall develop procedures to inspect and monitor every adoptive home to ensure a safe and healthy environment for children and shall perform a safety and health inspection of the home.
(c) Written Home Study.
(i) The written home study shall include documentation of all interviews and information gathered during home study process and shall also include:
(A) Date of interviews and home visits;
(B) Identifying information about all household members including relationship in the family;
(C) Motivation for adoption;
(D) Social history and current functioning;
(E) Family of origin, composition, birth order, parents' marriages, separations, other children of prior relationships;
(F) Physical, mental health, and substance use assessment for each family member living in the home;
(G) Prospective adoptive parents' relationship;
(H) Family relationships;
(I) Parenting;
(J) Employment and finances;
(K) Religion, values and attitudes; and
(L) Ages and type of children desired.
Section 7. Pre-Adoptive Home Health and Safety. The Adoption Agency shall conduct a health and safety inspection of the prospective adoptive home to ensure that
the home meets the health and safety requirements (Chapter 3, Sections 18 and 20). Documentation of the inspection shall be placed in the adoptive home file.
(a) All forms of tobacco and alcohol shall be stored out of reach of children in locked or inaccessible area; and
(b) Prospective adoptive parents shall not engage in the excessive use of alcohol at any time they are in the presence of a foster child and shall not operate a motor vehicle while transporting a foster child if any alcohol has been consumed.
(a) Approval/disapproval of adoptive homes is the responsibility of the Administrator/Executive Director, including a recommendation for the number, age, and sex of children for which the home is approved.
(b) The home study with the agency Administrator/Executive Director's approval shall be maintained in the adoptive home file.
(c) Active adoptive homes (awaiting child placement) shall be reviewed and updated on an annual basis, or earlier if a significant change occurs.
(d) Children shall not be placed in unapproved homes.
(e) All adoptive home placements shall be made in compliance with W.S. §§ 1-22-101 through 1-22-117.
(f) When children are placed across state lines for adoption, the placements shall be made in accordance with the Interstate Compact on the Placement of Children.
(g) International adoptions shall be made in compliance with the rules and guidelines of the U.S. Citizenship & Immigration Service (USCIS) (https://www.uscis.gov/adoption).
(h) Adoptive applications and home studies shall be updated before additional placements are made.
(a) The Adoption Agency shall have a written agreement with the adoptive parents prior to finalization of adoption. This agreement shall specify the Adoption Agency's rights prior to finalizing the adoption and shall include:
(i) The financial agreement between the agency and the adoptive home, including the amount due for services rendered and when fees are payable;
(ii) The Adoption Agency's right to remove a child(ren) or recommend the removal of the child from the pre-adoptive home with the custodial agency's approval;
(iii) The child(ren) shall be released from the pre-adoptive home only with the consent of the custodial agency's approval;
(iv) Visitation by the child(ren)'s birth parents or birth relatives shall be arranged through the agency;
(v) The Adoption Agency's responsibility for regular supervision of the adoptive home; and
(vi) The adoptive parent(s) shall notify the Adoption Agency whenever he/she wish to take a child(ren) out of the state prior to finalization of the adoption.
(b) Both the Adoption Agency and the adoptive parent(s) shall sign the agreement. One (1) copy of the agreement shall be filed in the adoptive home record, one (1) copy shall be given to the adoptive parents, and one (1) copy shall be retained by the Adoption Agency.
Prior to finalization of an adoption, monthly supervisory visits shall be made to each adoptive home in which children are placed. These visits shall be recorded in the adoptive home record. For adoptions where the adoption agency is monitoring an adoptive placement from another state, when the child is placed in Wyoming, prior to finalization, the sending state's rules shall apply in regards to frequency of supervisory visits prior to adoption.
(a) Services to be provided to birth parents shall include pre-relinquishment and post-relinquishment services.
(b) Individualized case services shall be tailored to the needs of the birth parent(s).
(c) Voluntary relinquishments shall be accepted from the biological mother, putative father and/or the legal father of the child(ren) by the Adoption Agency in accordance with W.S. § 1-22-109.
(a) Pre-placement and post-placement services, including, but not limited to the home study process, shall be designed to educate and prepare the family for the type of adoption they intend to pursue.
(b) Training shall be available to all adoptive families.
(a) A foster-adopt home shall be developed specifically with the idea of possible adoption as the outcome of placing foster children.
(b) The foster-adopt home shall comply with all foster care regulations found in Chapter 5 of these rules.
(c) If an Adoption Agency utilizes foster care in the course of providing adoptive services, the agency shall be dually certified as an Adoption Agency and Child Placing Agency.
(a) All international adoptions shall be made in compliance with the rules and guidelines of the U.S. Citizenship & Immigration Service (USCIS), formerly the United States Immigration and Naturalization Service.
(b) The international Adoption Agency responsible for placing the child with the adoptive family shall document the following:
(i) An English language translation of all written contracts or agreements between foreign governments or entities and adoptive parents shall be placed in the adoptive family’s file and be available for review by the certifying authority.
(ii) All agreements entered into with adoptive parents shall conform to:
(A) The legal requirements of the foreign country involved;
(B) The laws and regulations of the United States; and
(C) The laws of the State of Wyoming and all other states involved in the adoption.
(c) International Adoption Agencies conducting business within the State of Wyoming shall have an office within the State of Wyoming and be certified as an Adoption Agency by the certifying authority.
(d) Adoption Agencies providing international services shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of services offered and practices followed. Services shall include, but not be limited to:
(i) Performance of all activities required for a domestic adoption;
(ii) Post placement supervision and reports pertaining to the adoptive family shall be provided to the appropriate agency in accordance with the requirements of the country from which the child was adopted; and
(iii) A Wyoming Adoption Agency working with an out-of-state family shall maintain an adoptive family file that contains all documentation required for a domestic adoption (e.g., family assessment, reference letters, and records check).
(a) Adoptive home records shall include the same information for each parent as is maintained for staff, as set forth in Chapter 3, Section 32(c).
(b) Prior to finalization, files on all adoptive families and children shall be maintained in a confidential manner in a locked, fireproof safe or file.
(c) Final adoption records shall be sealed and opened only according to Wyoming statute 1-22-104.
(d) Final adoption records shall be retained indefinitely in a locked, fireproof file or safe.
(e) In the event an Adoption Agency closes, there shall be a plan for transfer of records which shall include a signed agreement or other documentation indicating that DFS or a licensed Adoption Agency or Child Placing Agency has agreed to accept and maintain the agency’s finalized adoption records.