P OST ADOPTION Presenter: Michael S. Goldstein, Esq., LCSW CONTACT AGREEMENT Email: ( PACA ) info@adoptgold.com Presenter: CAN LEAD TO Debbie S. Wolf, Esq. SHORTER TIME IN SHORTER TIME IN Email: FOSTER CARE Adopt@ForeverFamiliesThroughAdoption.org Address: 1 2 62 Bowman Avenue Rye Brook, New York 10573 T HESE AGREEMENTS ARE W HAT IS A PACA? GENERALLY : GOVERNED BY " BEST INTEREST OF THE A WRITTEN CONTRACTUAL CHILD " STANDARDS ; AGREEMENT BETWEEN PLACING AND ADOPTING PARENTS THAT DETAIL PREPARED PRIOR TO FINALIZATION OF HOW AND WHEN CONTACT AND / OR THE ADOPTION ; COMMUNICATION WILL BE HANDLED COMMUNICATION WILL BE HANDLED PREPARED AND NEGOTIATED WITH FOLLOWING FINALIZATION OF THE ASSISTANCE ; ADOPTION . FLEXIBLE TO ALLOW FOR FUTURE CHANGE ; S URRENDERS OF ANY CHILD TO AN 3 4 AGENCY FOR ADOPTION CAN CONTAIN APPROPRIATE FOR INFANT OR OLDER CONDITIONS , INCLUDING WHO CHILD CHILD ADOPTIONS . IS PLACED WITH AND POST CONTACT A GREEMENTS MUST A GREEMENTS MAY : INCLUDE CERTAIN BIRTH FAMILY BE ENTERED INTO KNOWINGLY AND MEMBERS ( GRANDPARENTS , VOLUNTARILY SIBLINGS , ETC .) SIBLINGS , ETC .) BE IN THE BEST INTERESTS OF THE BE FOR A SPECIFIC PERIOD OF TIME ADOPTIVE CHILD ( TYPICALLY THE COURT WILL MAY OR MAY NOT BE LEGALLY APPOINT AN ATTORNEY FOR THE 5 6 RECOGNIZED AND / OR ENFORCEABLE CHILD TO REPRESENT THE CHILD ’ S INTEREST BEFORE THE COURT )
S OME TERMS USED IN A PACA: W HY HAVE A PACA ? EXCHANGE OF ONGOING INFORMATION ABOUT THE CHILD PHOTOS AGREEMENTS PHONE CALLS BETWEEN BIRTH LETTERS PARENTS AND GIFTS ADOPTIVE PARENTS WERE VISITATION (DETAIL TIME, LOCATION, PEOPLE, CONSIDERED “ GOOD FAITH ” UNTIL LENGTH, TRANSPORTATION, ETC. ) LEGISLATION ENACTED PACA -- A SIBLING INFORMATION OR CONTACT 7 8 WRITTEN MECHANISM THAT GRANDPARENT INFORMATION OR CONTACT ESTABLISHES RIGHTS THAT CAN BE NO POSTINGS ON THE INTERNET, FACEBOOK, OR ENFORCED IN C OURT . OTHER SOCIAL NETWORKING WEBSITES PROPERLY CREATING A PACA AND PROPERLY CREATING A PACA AND GETTING IT APPROVED BY THE GETTING IT APPROVED BY THE COURT CONTINUED … COURT A PACA IS CONSIDERED A CONDITION OF THE BIRTH IF APPROVED, THE FINAL ORDER OF PARENT ’ S SURRENDER . T HEREFORE IT MUST BE MADE ADOPTION WILL REFER TO THE PACA AND IT BEFORE OR AT THE TIME OF THE SURRENDER WILL BE INCORPORATED INTO THAT ORDER T HE SURRENDER AND THE PACA MUST BOTH BE ALL PARTIES THAT SIGNED THE AGREEMENT APPROVED BY THE C OURT WILL GET A COPY A CONDITIONAL SURRENDER CAN BE A SURRENDER OF A AT THAT POINT, THE PACA BECOMES CHILD IN FOSTER CARE TO AN AGENCY OR SURRENDER ENFORCEABLE OF ANY CHILD TO AN AGENCY OR PRIVATE 9 10 T HE C OURT MAY APPROVE THE SURRENDER BUT REFUSE TO APPROVE THE PACA. ( IF SO , THE BP HAS AN OPPORTUNITY TO WITHDRAW HIS / HER SURRENDER ) THE COURT ’ S ROLE IN THE COURT ’ S ROLE IN ESTABLISHING OR ENFORCING A ESTABLISHING OR ENFORCING A PACA CONTINUED … PACA T HE VALIDITY OF ADOPTIONS MAY NOT BE PETITION TO ENFORCE A PACA CAN BE CHALLENGED FOR FAILURE TO COMPLY WITH AN BROUGHT BY ANY PARTY TO THE AGREEMENT FOR VISITATION OR COMMUNICATION AGREEMENT T HE STATUTES PROVIDE , OR COURTS HAVE T HE STATUTES PROVIDE , OR COURTS HAVE CONSTRUED THEM TO PROVIDE , FOR A SEPARATE ENFORCEMENT IS IN FAMILY COURT CIVIL ACTION TO ENFORCE OR MODIFY THE AGREEMENTS UNTIL THE CHILD ' S 18 TH BIRTHDAY THE "BEST INTERESTS OF THE CHILD" *A LTHOUGH THE LAW NOW SPECIFIES PROCEDURE STANDARD GOVERNS JUDICIAL DECISIONS 11 12 FOR ENFORCEMENT OF THE TERMS OF THE TO APPROVE, MODIFY, OR ENFORCE A PACA AGREEMENT , BOTH BEFORE AND AFTER FINALIZATION , THERE ARE ISSUES THAT REMAIN UNCLEAR UNTIL THERE IS MORE CASE LAW ( REFER TO HANDOUTS FOR RECENT CASE LAW )
C AN THE COURT ORDER CONTACT A PPLICABLE N EW Y ORK L AW CONDITIONS ? DOMESTIC RELATIONS LAW § 112-b POST-ADOPTION CONTACT IN SOME CASES WHERE PARENTAL AGREEMENTS; JUDICIAL APPROVAL; RIGHTS WERE TERMINATED, THE ENFORCEMENT. (PLEASE SEE FAMILY COURT MAY DEEM IT HANDOUT) HANDOUT) APPROPRIATE TO EXERCISE ITS DISCRETION IN DETERMINING SOCIAL SERVICES LAW WHETHER SOME FORM OF POST § 383-c AND § 384 TERMINATION CONTACT IS IN THE BEST INTERESTS OF THE CHILD. 13 14 FAMILY COURT ACT § 1055-a WE HAVE BEEN CHOSEN TO BE ON A POST ADOPTION CONTACT TEAM OF PROFESSIONALS THAT ARE AGREEMENTS CAN LEAD TO SHORTER TRYING TO OPEN UP THE UNITED TIME IN FOSTER CARE-- STATES FOSTER CARE CHILDREN TO A GOAL WE ALL SHARE. APPROVED PROSPECTIVE ADOPTIVE PACA’S ARE ENFORCEABLE AND CAN PARENTS AROUND THE WORLD- PARENTS AROUND THE WORLD- SECURE FAMILY TIES AFTER SECURE FAMILY TIES AFTER OUTSIDE OF THE USA. ADOPTION. BIRTH FAMILIES WHO WISH TO MAINTAIN CONTACT WILL SIGN A CONDITIONAL SURRENDER, ALLOWING THEM POST ADOPTION CONTACT 15 16 QUESTIONS? P LEASE TAKE 10 MINUTES …. Pros Cons COMMENTS? …….. …….. (+) (-) 18 17
Presenter: Michael S. Goldstein, Esq., LCSW Email: info@adoptgold.com Presenter: Debbie S. Wolf, Esq. Email: Adopt@ForeverFamiliesThroughAdoption.org Address: 19 62 Bowman Avenue Rye Brook, New York 10573
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