Improved Adoption Incentives and Relative Guardianship Support Act of 2008 – <b>Title I: Extension and Improvement of Adoption Incentives</b> – (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to: (1) extend the adoption incentives program through FY2012; (2) increase the incentive payment to a state, according to a specified formula, for exceeding the highest ever foster child adoption rate; and (3) increase incentive payments for special needs adoptions and older child adoptions.

(Sec. 102) Revises requirements for the adoption assistance program with respect to the adoption of children with special needs.

<b>Title II: Support for Relative Guardianships</b> – (Sec. 201) Gives states the option to provide for relative guardianship assistance payments for children. Prescribes requirements for such payments.

Requires the use of unawarded adoption incentive funds to make relative guardianship incentive payments.

Makes children who exit foster care for relative guardianship or adoption after age 16 eligible for independent living services and education and training vouchers under the John H. Chafee Foster Care Independence Program.

Requires a state plan for foster care and adoption assistance to provide that, within 30 days after removal of a child from the parent’s or parents’ custody, the state shall exercise due diligence to identify and notify all the child’s adult relatives of the removal, and: (1) explain the relative’s options to participate in the child’s care and placement; (2) describe the requirements to become a foster family home, and the additional services and supports available for children placed in such a home; and (3) explain the availability, if any, of kinship guardianship assistance payments.

Provides for a penalty in connection with the state’s Temporary Assistance for Needy Families grant for noncompliance with such notice requirements.

Requires the state to inform any individual who is adopting, or whom the state is made aware is considering adopting, a child in foster care under state responsibility of the individual’s potential eligibility for a federal tax credit.

Sets forth case plan requirements in the case of a child with respect to whom the permanency plan is placement with a relative and receipt of relative guardianship assistance payments.

Requires states to check any child abuse and neglect registry maintained by other states in which a relative guardian has resided in the preceding five years before such an individual may be approved for placement of a child.

(Sec. 202) Directs the Secretary to establish up to 10 two-year demonstration projects to determine the extent to which flexibility in the application of certain licensing standards to foster family homes of immediate relative foster parents results in improved well-being and permanency outcomes for children in foster care.

(Sec. 203) Amends SSA title IV part B (Child and Family Services) to authorize the Assistant Secretary for Children and Families of the Department of Health and Human Services to make grants to eligible entities for the federal share (50%) of the cost of carrying out kinship navigator programs that help connect kinship caregivers with the services and assistance required to meet the needs of the children they are raising and their own needs.

Makes appropriations for such grants for FY2009-FY2013.

(Sec. 204) Amends SSA title IV part D (Child Support and Establishment of Paternity) to authorize comparisons and disclosures to state agencies of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes.

<b>Title III: Tribal Foster Care and Adoption Access</b> – (Sec. 301) Amends SSA title IV part E to allow an Indian tribe, tribal organization, or tribal consortium, if specified requirements are met, to receive direct federal funds for foster care and adoption services for Indian children it provides. Prescribes requirements for determination of the federal medical assistance percentage (FMAP) for calculating such payments.

Authorizes an Indian tribe, tribal organization, or tribal consortium to receive a portion of a state plan allotment as part of an agreement to operate the John H. Chafee Foster Care Independence Program.

(Sec. 302) Directs the Secretary to make grants to states that successfully collaborate with and support tribes to improve permanency outcomes for Indian children.

(Sec. 303) Directs the Secretary to establish a National Child Welfare Resource Center for Tribes.

<b>Title IV: Support for Older Children in Foster Care and Other Provisions</b> – (Sec. 401) Amends SSA title IV part E to give states the option of covering certain children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18.<br>

(Sec. 402) Requires a state agency caseworker and appropriate other representatives of a child aging out of foster care to assist the child in developing a transition plan personalized at the child’s direction, which includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, as well as work force supports and employment services.<br>

(Sec. 403) Requires case plans under SSA title B or E to include a plan for ensuring the educational stability of the child while in foster care.

<b>Title V: Revenue Provisions</b> – (Sec. 501) Amends the Internal Revenue Code to: (1) require the children in adoption to be unmarried and younger than the taxpayer claiming a personal exemption for a dependent; and (2) restrict qualifying child tax benefits to the child’s parent, or where no parent claims a qualifying child, to another taxpayer, but only if the other taxpayer’s adjusted gross income (AGI) is higher than the highest AGI of any of the child’s parents. <br>

(Sec. 502) Provides for the collection of unemployment compensation debts resulting from fraud.

(Sec. 503) Authorizes the Secretary of the Treasury to invest U.S. operating cash in repurchase agreements with acceptable parties.<br>

Thanks Arthur Bliss Rylee’s Grandpa

Dollars and Sense:
A Guide to Achieving Adoptions
Through Public-Private Contracting
June 2007

Authored by:

Madelyn Freundlich

Working Group:

Sarah Gerstenzang
Barbara Holtan
Judith McKenzie
John McKenzie
Melody Roe
Acknowledgments

The contributions of the following individuals
to the development of this guide are gratefully acknowledged:
Janis Brown
June Dorn
Mary Lou Edgar
Maureen Heffernan
Jill Jacobs
Kathy Ledesma
Marisa Policastro
Kara Teeple
Ada White
Addie Williams

Table of Contents
Introduction 1
What is Purchase of Service? 2
Why Purchase of Service is Important 5
Law, Policy, and Practice: A Focus on Interjurisdictional Adoptions 5
The Benefits of Purchase of Service 7
Purchasing Adoption Services 11
When is the Purchase of Adoption Services Appropriate? 11
Which Adoption Services Can Be Purchased? 12
Guidelines for Purchasers: How to Find Qualified Adoption Service Providers 16
Guidelines for Purchasers: What to Look for in Adoption Service Providers 17
Funding and Paying for Adoption Services 21
Funding the Purchase of Adoption Services 21
Paying for Adoption Services 29
The Purchase of Adoption Services Contract 34
Some Additional Practicalities: Making the Purchase of Adoption Services Work! 41
Monitoring and Follow Up 49
Conclusion 52
Appendix A Private Agency Information Form 53
Appendix B A Private Agency’s Resume 56
Appendix C Private Resources for Families 58
Appendix D Evaluating the Purchase of Adoption Services (POS): Tracking Outcomes Over Time 59
Introduction

this is a big file 64 pages so I will post a page a day

end post 1 08-08-08

In the world of adoption, the term “purchase of service” is commonly used
to refer to contracts between public and private child welfare agencies to
serve children awaiting adoptive families, prospective adoptive parents,
and adoptive families. Purchase of service has long been used as a method of
ensuring that adoption professionals find adoptive families for children in foster
care who are unable to safely and permanently return home. Some States have
used purchase of service contracts extensively; others have used these contracts
more sporadically; and yet others have been reluctant to use this approach at all.
For some States, the reluctance to purchase adoption services has stemmed from
concerns about how to do it – particularly, how to do it well. Surprisingly, there has
been little written about the HOWs of purchasing adoption services, leaving States
and counties, as purchasers, and private agencies, as service providers, to develop
these arrangements with limited guidance.

This Guide is designed to provide public and private agency program managers,
supervisors, and contract managers with information that can help make thepurchase of interjurisdictional adoption services truly work. This general
information is designed as a starting point on purchase of service for States and
counties and the private agencies with which they work. Each State has its ownrules and regulations about the purchase of interjurisdictional adoption services

that will direct certain aspects of the specific purchase of service arrangements that

they make. The general principles in this Guide, however, can get you started in

developing strong purchase of adoption service contracts and reaping the benefits

for children, families, and the agencies that serve them!

end post 2 08-09-08

There are three key things to remember:

1. Purchase of service is do-able.
2. Purchase of service is being done.
3. And you can do it, too!

What is Purchase of Service?
The term purchase of service often is used when we are exploring the
availability of adoption services and supports for children and families.
But what does purchase of service actually mean? Purchase of service,
as a general concept, is a term that refers to contracts that public agencies enter
into with private agencies in which the private agency agrees to provide certain
services and public agencies agree to pay private agencies for these services. In the
adoption arena, purchase of service refers to contracts between public and private
agencies in which private agencies agree to provide one or more specific services
that lead to the adoption of children in foster care and/or support such placements
once they have been made, through adoption finalization and sometimes beyond
it. Under these contracts, the public agency oversees the provision of services,
ensuring that Federal and State laws and regulations are met; private agencies
provide services as they have agreed under the terms of the contract.

In this Guide, we use the term purchase of service to refer specifically to two

different types of contracts that public agencies may enter into with private
agencies for adoption services:

First, purchase of service may refer to a public agency’s purchase of a
service or set of services from a private agency with the intention thatthe agency will serve a group of families and children. In this context,
purchase of service involves the provision of certain categories of adoption
services to a group of families and children – either children and families

who are specifically identified or children and families who meet certain

criteria. These arrangements typically are made within the public agency’s
geographic area of responsibility (State or county). In some cases, they may
be made across county lines within a single State. Increasingly, they are
made across State lines.

in State B cannot be found in State B.

profiles of families in State C when adoptive families for children

Across State Lines: State B enters into a contract with Private
Adoption Agency in State C to provide home studies/family

Within the State: State A enters into a contract with Private
Adoption Agency to raise awareness of the need for families to
adopt children in foster care; recruit prospective adoptive families,
particularly within the African American community; and provide
information on adoption to prospective adoptive families.

Examples of this type of purchase of service are:
Second, purchase of service may refer to agreements regarding a specific

child who is being placed for adoption. Such agreements may be made
within a State, but they have become particularly important in interstateadoptions. These purchase of service contracts are made between the

agency for the identified prospective adoptive family in one State and the

child’s agency in another State. The child’s agency agrees to pay a fee to the
family’s agency for providing services.

State F enters into a contract with Private Adoption Agency in State
G to provide post-placement services and supervision for Johnny
who will be placed with an adoptive family in State G.
It is also important to understand what purchase of service is NOT. Purchase
of service is NOT the same as privatization. Unlike purchase of service, which
is a contracting process entered into by a public agency and a private agency,
privatization is a system-wide design of service delivery that extends well beyondcontracting. It typically involves new approaches to service delivery across a

resource for Mary.

family in State E who has been identified as an adoptive family

State D enters into a contract with Private Adoption Agency in State
E to supervise the adoptive placement of Mary, who is in the care
and custody of the public child welfare agency in State D, with a

Examples of this type of purchase of interstate adoption services
are:

range of services and financing approaches that tie payment to specific systems-
based outcomes and place private agencies at some level of financial risk if these

outcomes are not achieved. Privatization also involves the transfer from the public

agency to the private agency of a level of accountability for broadly defined
outcomes as well as responsibility for achieving child-specific outcomes.

Purchase of service is also NOT a mechanism for reimbursing adoptive families
for the expenses they incur in the adoption process. Financial resources may be
available directly to adoptive families through Federal and State programs and
certain private entities, and these resources are referenced in this publication. It
is important, however, to clarify that these resources are not part of the public
agencies’ purchase of adoption services from private agencies.

Because purchase of service has become particularly important in interjurisdictional
adoptions (across State and, in some cases, county lines), this publication focuses
on the purchase of adoption services in this arena. It outlines how purchase of
service can be used to achieve permanency through adoption for children, as
opposed to the purchase of other types of services, such as foster care or residential
treatment services.

 
end post 3 08-11-08
Although interjurisdictional adoptions are the focus of this publication, it is
important to recognize that purchase of service plays a meaningful role when

adoptions are being planned and finalized within a State or county and when other

forms of permanency – such as the permanent placement of children with relatives

– are being arranged across State lines or within the same State or county. Although
we will not focus on these situations in this publication, the principles that weprovide here are equally applicable to these situations!
DiD You Know ThaT…
Adoption exchanges report that more than 60% of the people who
respond to child-specific recruitment are families who do not live in the
State of the child’s residence 1
A somewhat small — but growing! — percentage of children placed with
families and waiting to be adopted by relative and unrelated foster and
pre-adoptive families as well as children with finalized adoptions live
outside their home states 2
On average, it takes one year longer for a child to be adopted who is
in an interstate placement than an instate placement3 — a statistic that
emphasizes the need for the purchase of adoption services!
Voice for Adoption. (Undated). Financial barriers to inter-jurisdictional placements.
Washington, DC: Author.
Maza, P.L. ( 003). The challenge of interstate placement for adoption. The
Roundtable, 7( ), – .
3 Maza, P.L. ( 003). The challenge of interstate placement for adoption. The
Roundtable, 7( ), – .

Why Purchase of Service is Important
Historically, many public agencies have purchased adoption services from
private agencies and found that this approach to service provision has
made possible the successful adoptions of many waiting children in
foster care. Private agencies have shown that they are able to successfully recruit
prospective adoptive families, match waiting children with families, support
families through finalization, and provide ongoing supports and services post-
finalization. Private agencies typically have not been able to offer these services
absent the financial support of public agencies. Few have sufficient independentfinancial resources to permit them to provide these services. And, they have
recognized that it is not appropriate or reasonable to charge families fees to adopt
children from foster care. Achieving the adoption of children in the custody of
public agencies is a public responsibility that calls for public resources!

The purchase of adoption services brings together public and private agencies in

an interdependent way. The public agency has the financial resources to pay for

services, but it often does not have the staff capacity to provide waiting children,
prospective adoptive parents, and adoptive families with all of the services that
they need. Public child welfare agencies shoulder responsibility for a range of
services, of which foster care and adoption are only a part. The many competing

demands on public agency staff may make it especially difficult to respond in a

timely and responsive way to requests from other States to provide these services.

The private agency often lacks adequate financial resources to provide services on

a non-paid basis, but it often has the capacity and expertise to serve children and
families. Private agencies, unlike public agencies, specialize in providing adoption
services and are able to respond to in-State and out-of-State requests. Through this

partnership, children and families benefit!

Law, Policy, and Practice: A Focus on Interjurisdictional Adoptions

With changes in Federal and State law and policy and the advent of resources
like the AdoptUsKids website that feature waiting children via the Internet,
opportunities to link waiting children with families in a diversity of geographic
locales have grown dramatically. For many children, efforts must concentrate on

finding families in other counties and States, linking children with those families,

and supporting children’s placements with and adoptions by those families.
As an important starting point, the law supports interjurisdictional adoptive
placements of children:
• The Federal Adoption and Safe Families Act of 1997 (ASFA) recognizes the
importance of going beyond geographic boundaries to ensure that waiting
children in foster care have the benefit of permanent, loving families. The

law instructs States not to “delay or deny the placement of children for
adoption when an approved family is available outside of the jurisdiction
with responsibility for handling the case of the child.” In an effort to
remove barriers that keep families from adopting children who live in a
different county or State, the law authorizes the US Department of Health

and Human Services to withhold some portion of States’ Federal Title IV-E
funding, which in part pays for foster care and adoption assistance, if States
violate this directive. ASFA also requires that States mobilize additional
resources to increase the number of adoptive families. State child welfare
agencies are expected “to make effective use of cross-jurisdictional resources
to facilitate timely adoptive or permanent placements for waiting children”
and “to eliminate legal barriers” to timely adoption.

• The Safe and Timely Interstate Placement of Foster Children Act of
2006 is intended to expedite the interstate placement of children in foster
care by requiring that States receiving requests from other States to assess
the suitability of placing a child with a family complete interstate homestudies within 60 days from receipt of the request. The Act includes “Sense
of Congress” language that each State should give “full faith and credit to
any home study report completed by any other State with respect to the
placement of a child in foster care or for adoption.” It also requires States
to consider interstate placements in permanency planning decisions whenappropriate, to consider in-State and out-of-State permanent placement
options at permanency hearings, and to identify appropriate in-State and
out-of-State placements when using concurrent planning.
In addition, two interstate compacts support interjurisdictional adoptiveplacements of children:

• The newly drafted Interstate Compact for the Placement of Children(ICPC), which upon enactment by States will take effect and guide interstate
foster care and adoption practice, also focuses on the expeditious placement
of children for adoption across state lines. The ICPC is designed to ensure
that children are placed with “suitable and safe” families in a timely
manner and that the ongoing supervision of these placements with familiesacross State lines, the delivery of services to children and families, and
communication between the involved States are facilitated. The ICPC makes
clear that the State in which a child is living can enter into agreements with
licensed agencies or persons in the State where a family lives to conduct
assessments and provide supervision.
• The Interstate Compact on Adoption and Medical Assistance (ICAMA) isan agreement among States that governs the delivery of medical services
and adoption subsidies for children adopted from foster care who qualify for
these benefits and who live in States other than their States of origin. Like

the ICPC, it is designed to facilitate State-to-State coordination and planning
for children who are adopted.

Practice experience and wisdom also make clear that the availability of purchase of
service agreements aids in making interjurisdictional, as well as intrajurisdictional,
placements. These agreements can be critical to achieving permanence through
adoption and other permanency outcomes for children in foster care who are
unable to return home safely and permanently. Relying on “sister” public agencies in other states to provide the services needed by children and families has proven

 end post 4 08-11-08

to be impractical. Given the many demands on every public agency, it is not
always possible to provide services at the intensity and with the timelines desired.

At the same time, the demand for interjurisdictional adoption services is growing!
The activity generated by the AdoptUsKids photolisting website speaks to thedramatic increase in interest in interjurisdictional adoptions. AdoptUsKids’

monthly web traffic grew from 79,000 visitors in November 2002 to 268,528 visitors

in September 006, a more than 300% increase. Since 00 , more than 3,3 3
families have registered on the AdoptUsKids website, and as of January 3 , 007,

5,333 families were actively registered on the website, that is, they held Special

Family Access that provided them with additional services as they move forward
with adoption. These statistics convey the interest of families across the United
States in children who live in States that may be hundreds if not thousands of miles
away. And they make clear that the provision and coordination of services across
state lines has become increasingly important.

050,000100,000150,000200,000250,000300,000350,0002005200420032002Number of Visitors to adoptuskids.org
The Benefits of Purchase of Service

The benefits of purchase of service are many! First and most importantly,
purchase of service can be what makes the difference for a child and family
by helping them to achieve the goal they share – adoption! Purchase of service
makes it possible for private agencies that are working with families that have been
approved for adoption and who are willing and able to adopt a child from another
State or county to be matched with waiting children.

When There is No Contract for the Purchase of Adoption Services

When there is no purchase of service contract, children and families suffer.
Distressing stories abound about the impact of NOT having purchase of adoption
service contracts. Consider the following situations:
A woman in State A who has attempted to adopt a sibling group
of four in foster care in State B has been told that any out-of-state
adoption must be handled through a private agency. The private

agency’s fee is $2,750 per child – a total fee of $11,000. The family

cannot afford this fee and State B will not pay the fee. The children

remain on State B’s website, waiting for an adoptive family.

Mr. and Mrs. S, in State C, have been matched with two siblings

from State D (some ,000 miles away). The children have

experienced significant abuse and are at legal risk, that is, both of

their parents’ rights have not yet been terminated. Mr. and Mrs.
S are highly experienced parents and are ready and able to move
forward in adopting these children. They are able to pay for some
travel to State D but cannot afford to travel each month to State D
as required. There is no purchase of service contract in place to
serve the family and, in addition, to cover associated travel costs forthe family to visit and develop a relationship with the children until
they are freed for adoption.
When There is A Contract to Purchase of Adoption Services

Purchase of service agreements, however, can make things happen across State
lines! Consider the following:

Sherrie
Sherrie, who lived in State A, had severe
developmental disabilities She was nonverbal
but ambulatory and aware of her environment
At age eight, her placement in a specialized
foster home disrupted The county child welfare agency
wanted very much to place her with a foster-to-adopt family
Through a purchase of service contract with a private agency
in State B, the private agency located a family for Sherrie
The family had some initial concerns about their ability
to meet Sherrie’s special needs, but the private agency
provided a range of family support services that helped
them with these concerns The family soon adopted Sherrie
after falling in love with her After her adoption, Sherrie was
diagnosed with a degenerative condition which would
have resulted in nursing home care had Sherrie not had her
adoptive family Sherrie passed away at age 14, surrounded
by her family

Andrew
Andrew had been
in foster care in
State G most of his
life After being
removed from his birth parents,
he moved from foster home
to foster home By the age of
eleven, he had been placed
in numerous homes and had
spent two years in residential
care Meanwhile, in State H,
Tom, a single man, was looking
to adopt a boy He had been
involved in an intensive training
group and his extended
family was actively supporting
him When he saw Andrew’s
picture in a photolisting book,
he was very interested After
learning about Andrew’s life
experiences, Tom began his
own research and identified
the supports that he would
need Through a purchase
of service contract, a private
agency worked with Tom and
with Andrew’s State to ensure
that long term support and
financial resources would be
available to meet Andrew’s
significant needs State G made
funds available for the private
agency to provide ongoing
support and education
for Tom over almost a year
pre-placement The work
continued after Andrew’s
placement as Andrew
predictably began to act out
and became involved with the
juvenile justice system Tom
stood firm, maintaining his
commitment to his son And,
the agency remained firm to
their commitment to the family
Andrew is now eighteen and
completing high school with
plans to attend college His
amazing ability to do math will
be the basis of his planned
career All agree that purchase
of service brought Andrew
and Tom together as a family
and made his bright future
possible
Jared
Jared, living in State C, was almost four years old
and living in a hospital in a large US city His young
mother, addicted to drugs, had disappeared
shortly after having given birth prematurely Jared
was legally free for adoption and his immediate medical
needs had been addressed so that he no longer warranted
hospitalization A foster family, however, was not available for
this very young child with special needs, and Jared remained
as a “boarder” in the hospital It was not clear whether Jared
had mentally retardation, autism, or possibly, both Jared
did not speak; he walked on his toes; he wore thick glasses
because the oxygen administered at birth that saved his life
impaired his vision; he engaged in repetitive motions; and he
refused to eat any solid food, surviving on “power shakes ”
Through the efforts of Jared’s dedicated caseworker, an
adoptive family was found through a private agency in State
D and a purchase of service contract moved the adoption
process forward Jared left the hospital where he had spent
his entire life to live with loving parents and two new siblings
and in a home with a yard with grass where Jared could
play Some years later, Jared was diagnosed with Asperger’s
Syndrome, but it had also become evident to all that he was
gifted intellectually He learned to speak, read, and eat pretty
much anything his mom put on the table Jared completed
high school and is now attending college
Ms. Smith
Ms Smith, a single woman in State E, approached
a private adoption agency in her community as
she was interested in adopting After she began
the adoption process, she learned that two of
her cousins, ages 13 and 9, had been placed in foster care in
State F Working with her private agency, she approached State
F about adopting these children State F agreed to pay for
the completion of her home study and for case management
services in State E until the children’s adoptions were finalized
Both children had very serious psychological needs and
required very intensive case management At one point, the
older child required psychotropic medication which in State E
required a court order for all children in foster care The private
agency worked diligently with State F (where court orders were
not required for psychotropic medication to be administered)
to secure the needed court order These services, added to
Ms Smith’s deep commitment to the children, made it possible
for their adoptions to move forward Ms Smith made it clear
that without the private agency’s support and services, it would
have been extremely difficult for her to understand and meet
the intensive needs of the children The private agency worked
intensively with the family prior to finalization, preventing the
disruption of the children’s placements at several key points in
time

end post 5 8-12-08

Second, purchase of service contracts benefit the agencies that have custody of

children and are seeking adoptive families for them.

States that use purchase of service contracts report that these contracts can result in:

More tiMely Adoptions of children, pArticUlArly children who becAUse of
Age, sibling stAtUs or disAbility stAtUs, fAce chAllenges in being MAtched with
A fAMily: Children remain in care for shorter periods of time, more quickly
moving to permanent adoptive families.

the provision of highly speciAlized Adoption services: Because many privateagencies specialize in adoption services and do not provide the full range
of child welfare services that public agencies provide, they often are able
to bring specialized expertise and experience to children’s and families’
complex needs. This level of professional assistance can help reduce risk of
adoption disruption and dissolution may decrease.

More effective Use of resoUrces: Dollars are targeted to specific activities for

children who most need these services.

sMoother interstAte Adoptions: Services for children and families are
provided in a coordinated manner, simplifying the interjurisdictional
adoption process.
redUced worKloAd of pUblic Agency Adoption stAff: Given the many demandson public agency adoption staff, purchase of service contracts provide
human resources and services that can reduce workloads for public agency
staff.

An enhAnced Ability to Meet the reqUireMents of the child And fAMily service
reviews: States are able to report positive adoption outcomes for children –
both in connection with the national standard on the timeliness of adoption
and on systemic factors related to the adoption of children in foster care.

 0

Purchasing Adoption Services
When is the Purchase of Adoption Services Appropriate?
Given the many benefits of purchase of adoption services for children,

families and agencies, when should such contracts be used? States have

different guidelines regarding the appropriate use of purchase of service
contracts and have budgets that may or may not support the purchase of adoption
services. A key question that a public agency needs to ask is: Does my State have
guidelines as to when a purchase of service contract can be used? This is importantinformation which can be used as a starting point for discussions of the use of these

contracts in general or in a specific case.

If your State encourages purchase of service contracts, use these guidelines to

shape purchase of service practice
in your State. If your State’s budget Some QueStionS to ASk About PurchASe of Service

approach limits the use of purchase of GuidelineS in my StAte
service agreements, open a dialogue

to explore possible ways of expanding • Does my State have guidelines regarding
these guidelines, using your State’s the use of purchase of adoption service

established chain of command. contracts?

• Do these guidelines provide the neededStates have different policy and authority to enter into purchase of servicepractice environments with regard contracts —generally or in a specific case?
to the purchase of adoption services:
some are committed to this approach • Do the guidelines reflect best practice
and have long used purchase of in light of what we now know about

service contracts, and others have interjurisdictional adoptions?

had a long standing policy NOT to • If there are no guidelines on the purchaseuse purchase of service. Most States of adoption services, how can policy andare somewhere in-between. In many practice be clarified so that opportunitiesStates, purchase of service is used or, can be developed to use purchase ofat minimum, considered, under some service contracts as fully as possible?
or all of the following circumstances:

• Public agency staff are not available to provide adoption services to individuals
and families within a reasonable timeframe (in some States, within 90 days).

• Children’s circumstances (such as age, sibling status, or disability status) create
special challenges in finding adoptive families for them.

• Children have specific needs that require services that cannot be readily provided
by the public agency, such as therapeutic services to address past experiences of
trauma and loss.

• States wish to expand the pool of available families that reflect the racial and
ethnic diversity of children needing adoptive families.

• The prospective adoptive families for children live in other States.
• States recognize that some prospective adoptive families feel more comfortable
working with a private agency than with the public agency.
Which Adoption Services Can Be Purchased?

The anecdotal experiences of States and counties across the country indicate
that a wide range of adoption services can be purchased from private agencies.
It is helpful to first consider the services that are most often purchased and then

consider the full range of services that CAN BE purchased.

Which Adoption Services are Most Often Purchased?

When we consider purchase of service contracts under which private agencies
serve a group of families and children, the following adoption services are those
that public agencies most often purchase from private agencies:

• Child preparation • Pre-placement supervisory visits
• Recruitment of adoptive familiesand the preparation of reports
• Adoption Exchange services• Case management
• Home studies/family profiles• Participation in the finalization
• Adoptive parent trainingprocess
• Matching children with families • Post-adoption services
• Adoptive parent support groups
When we consider the purchase of adoption

services on behalf of an identified child who

may be placed with an adoptive family in

another State, we often find that the following

services are purchased:

• The home study/family profile of the
family

• Coordination of the placement of the child
into the adoptive family
• Post-placement supervision and reports
• Videoconferences with the family and representatives of the child’s and family’s
agencies before, during and after the adoptive placement
When providing pre-placement supervisory visits and post-placement supervision,
private agencies are charged with assuring that the child’s safety needs are being
met; physical health, mental health and educational services are appropriately

accessed and used; and all challenges to the child’s permanency are identified,

assessed, and whenever possible, removed.

end post 6 8-13-08

 2

DiD You Know…
More information on arranging for
adoption services across State lines
can be found in the Collaboration
to AdoptUsKids “ICPC Checklists ”
Go to: www adoptuskids org

Which Adoption Services CAN BE Purchased?

A host of adoption services can be provided through purchase of service contracts

– a far longer list than the services that generally are actually purchased! These
adoption services can be clustered into three groups — pre-placement, post-
placement, and post-finalization services — as shown in Tables 1-34.
Table . Which Pre-Placement Services Can be Purchased?

Family Recruitment and Selection
Locating relatives
Convening family group meetings to develop an adoption plan with relatives
Referring children to Adoption Exchanges or other agencies
Implementing other child specific family recruitment
Reviewing the child’s summary information
Consulting with supervisory staff or with selection committee staff
Exploring the potential interest of a prospective adoptive family or individual with regard to a specific
child
Communicating and/or conferencing with other agency staff
Accompanying the prospective adoptive family to hear about the child from the child’s caseworker
Converting a family from foster family to adoptive family status
•
•
•
•
•
•
•
•
•
•
Home Studies/Family Profiles
Conducting adoption home studies
Updating adoption home studies
•
•
Child Preparation
Counseling regarding issues of separation, loss, grief, guilt, anger and adjustment to an adoptive family
Preparing or updating a Life Book
Providing age-appropriate information regarding community resources, such as children’s support
groups, to assist the child in the transition and integration into the adoptive family
•
•
•
Coordination of Child and Family Meeting and Planning of Placement
Participating in linking conferences
Providing child specific preparation of family, including reviewing child’s history with family
Arranging and supervising pre-placement visiting
Assisting with transportation for the prospective adoptive parent or the child during pre-placement
visits
Evaluating the relationships of the child and prospective adoptive parents during pre-placement visits
Arranging placement
•
•
•
•
•
•
Group Services
Preparing several families at one time•

4

The following services are provided as examples of services that States could potentially purchase. It is recognized
that the ways that public child welfare agencies utilize their funding streams are directed by their State plans as
well as by decisions made by the larger human services agencies of which they are a part.
 
Table 2. Which Post-Placement Services Can be Purchased?

Services for Individual Children and Families
Supervising the placement to assure that the child’s safety, health, mental health and educational needs are
identified and appropriate services provided and that all challenges to the child’s permanency are identified,
assessed, and whenever possible, removed
Providing written reports as required by the child’s agency or court of jurisdiction
Providing intensified visiting and casework at least at the frequency required by the purchase of service
contract, which should reflect the laws and policies of the child’s sending State 5
Providing crisis intervention services
•
•
•
•
Case Management
Coordinating physical and mental health care services and educational services and ensuring that services are
being appropriately accessed and used
Arranging for any specialized services or professional consultations or therapy when indicated
Arranging video conferencing for visits with relatives, siblings, and other significant people such as former
foster parents
•
•
•
Coordination and Collaboration with Public Agency
Providing regular reports
Contacting ICPC and ICAMA as needed
Providing information and forms for adoption subsidy in coordination with the child’s agency
Providing information for planning if a return to the State of origin is necessary
•
•
•
•
Support Services
Providing parent support groups
Providing respite services
Providing crisis intervention
Arranging or providing transportation
•
•
•
•
Court Related Activities
Preparing court reports regarding the placement
Assisting with adoption finalization
•
•

Table . Which Post-Finalization Services Can be Purchased?

Services for Individual Children and Families
Counseling regarding issues related to the adoption
Providing tutoring or educational services not otherwise covered, e g , through an Individual Education Plan (IEP)
Providing crisis intervention services
Referring families, as indicated, to other resources
•
•
•
•
Group Services
Providing group sessions with families to assist families in coping with and resolving problems of the children
in their adoptive families
•

5

The purpose of face-to-face visits is to ensure the child’s safety, permanency and well-being needs are continuously assessed and met.
The question regarding the types of services that can be purchased to assure
that the children being placed are safe, their well-being needs are being met, and
permanency is achieved in a timely manner is somewhat complicated because

States take different approaches in defining the “required” services for these types
of placements. It is important to find out how your State defines the “reasonable

and customary” services for interjurisdictional adoptive placements. One State, forexample, has a policy as follows:

“Any or all of the adoption service components may be purchased from a

provider which has a purchase of service contract with the Department.”

Other States may limit the types of services that can be purchased for an
interjurisdictional adoption. Some or all of the following may be considered
“required” for an interjurisdictional adoptive placement, although, in reality, all of
these services are “required” for any adoptive placement:

• Home assessments • Finalization
• Child assessments • Respite
• Travel costs • Therapy
• Court costs • Assistance in arranging for legal
• Costs for monitoring/services, medical services, andsupervision subsidies
It is difficult to separate the issue of which services need to be provided in

interstate adoptive placements and the questions of who pays for these servicesand how much is paid. It is not uncommon to hear concerns that States mayrequire certain services but are not willing to pay for them. It is also not uncommon
to hear public agencies say that private agencies charge unreasonably high fees.
This issue – how to pay for services through purchase of service contracts — is
discussed later in Funding Purchase of Service.

Some QueStionS to ASk About the PurchASe of interStAte AdoPtion ServiceS in my StAte

• Which adoption services does my State require for interstate adoption placements?
• Under what circumstances does my State purchase interstate adoption services?
• Does my State have procedures and protocols in place to support interstate
adoption placements?
• If yes, where can I find my State’s policies, regulations or other information about
how my State uses purchase of services for adoption?
• If my State does not have procedures and protocols in place to support interstate
placements, what would be needed to create these?
• Who in my State could provide me with training or technical assistance about
purchase of service?

end post 7 8-14-08

Guidelines for Purchasers: How to Find Qualified Adoption Service Providers

A State or county agency may find it challenging to identify a quality private

adoption agency in another state, particularly if the public agency has not worked
previously with agencies in the other State.
The key to finding a

private agency that can Practice tiP
provide quality services Rely on your State’s Adoption Program Manager!
is NETWORKING! Adoption program managers from all States meet regularly .
Information is best They develop working relationships and problem-solve
gathered through “bigger picture” issues such as the purchase of adoption
calling and talking with services Staff who are providing direct services should
colleagues and others remember that they have an important resource in their States
who are likely to know to communicate with other States – their adoption program
the agencies in the manager!

community. Although the State Adoption Program Manager may not be
People who are likely able to suggest a specific agency, he or she can provide a
to have information on list of licensed agencies or a group of agencies that have
agencies in their States specific expertise in the placement of children from foster
or local communities care into adoptive families .
include:

• The State Adoption Program Manager, both in your own State and in the State
where services will be provided
• State and regional licensing professionals who may provide information about
the length of time an agency has been licensed, the types of services the agency islicensed to provide, and any sanctions against or complaints about the agency
• Staff in the State’s ICPC Office
• Caseworkers and supervisors who have worked with private agencies in the
other State/county
• Other professional colleagues who have worked with agencies in the other
States/counties
There are two very helpful resources for identifying key State professionals. The
first resource is the National Child Welfare Resource Center for Adoption that
maintains an up-to-date list of all Adoption Program Managers. The second
resource is the Child Welfare Information Gateway that is provided by the U.S.
[DHHS] Children’s Bureau. The Child Welfare Information Gateway offers a
National Adoption Directory Search that allows searches by State for licensed
private adoption agencies for domestic (as well as international) adoptions
and local and regional offices of the State adoption agency. The Directory also

provides, for each State, the names and contact information for key State contacts.

The Directory, however, does not include information on agencies that are not child
placing agencies but which provide therapeutic and other treatment and support
 

services. Locating agencies that provide quality therapeutic services may require
networking!

KeY ResouRces

AdoptUsKids

See Interjurisdictional Resources by State under Professional Resources for
State-specific information in five areas of interjurisdictional practice
http://www adoptuskids org

The National Child Welfare Resource Center for Adoption

National Association of State Adoption Programs
http://www nrcadoption org/nasap/index htm
Child Welfare Information Gateway

National Adoption Directory Search
http://www childwelfare gov/nad/index ctm
State-by-State Information on:

• Licensed private adoption agencies
• Local/regional offices of the State (public) adoption agency
• Contact information for State-level officials involved in adoption:
• State Adoption Specialist/Manager
• State Licensing Manager
• State ICPC Administrator
• State ICAMA Administrator
• State Medical Assistance Specialist
• State Post-adoption Services Contact
• State Adoption Assistance Specialist
Guidelines for Purchasers: What to Look for in Adoption Service Providers

Purchase of service contracts are legal agreements between two parties – the
public agency and the private agency. At the heart of these purchase of service
arrangements is the relationship between the two parties. Public and privateagencies that enter into purchase of service contracts need to clearly communicate,
understand each other’s needs, and through strong communication and
collaboration, develop a relationship of trust. When States and counties purchase
adoption services from private agencies, trust is the starting point. What
information does a purchaser need to have in order to develop a sense of trust and

confidence in a private agency service provider?

 7

The following is a checklist of a number of issues that public agencies may wish toexplore when considering purchasing adoption services from a private agency. The
extent to which these issues will be relevant will depend on the type of contract
(that is, is the private agency being asked to provide services to a group of children

and/or families or to provide services to an identified child or children?), the level

of funding involved in the contract, and the nature of the public agency’s past and
current relationship with the service provider. When a service provider is “new” to
the public agency, these questions may be more important.

A Checklist When Purchasing Services from a Private Agency

Depending on the type of service or services that a public agency plans to purchase,
the following factors may be relevant in assessing the capacity of a private agency
to provide quality services:

the Agency’s licensing And AccreditAtion stAtUs

• Is the agency fully licensed and compliant with all licensingrequirements? Licensing should be considered a MUST. An agency’s
license may be verified with the State’s licensing authority.

• Is the agency accredited by the Council on Accreditation of Children
and Family Services? Accreditation may or may not be a qualifying
factor, depending on the agency, the services sought, and other
indicators of the agency’s quality of services. Many small community-
based agencies that provide excellent services, for example, may lack
resources to pursue accreditation.
history of providing relevAnt services

• How long has the agency been providing services?
• How long has the agency provided the desired services?
• How do the desired services fit within the agency’s mission and current
array of services? Are the services central to the agency’s mission and

operations or relatively recent “add ons”?

coMMUnity perceptions of qUAlity of services provided: is the Agency viewed As:

• A quality service provider?
• Responsive to community needs?
• Culturally competent?
• Open to consumer and community feedback in order to improve its
services?
cApAcity

• Who provides services for the agency? Does the State have
requirements for private agency educational credentials and experience?
If so, does the staff meet these requirements?

end post 8 8-15-08

• Can the agency serve the needs of all families and children who are
referred?
• Does the agency have the capacity to understand the needs of theindividual child for whom services are needed?
• Has the agency’s staff been trained in the dynamics of child abuse and
neglect and do they clearly understand their responsibility to place
child safety above all other considerations and to report suspected or
verified child abuse or neglect?

orgAnizAtionAl stAbility

• What is the quality of organizational leadership? How stable has the
executive leadership of the organization been?
• Is staffing, particularly social work staffing, stable or is turnover an
issue?

fiscAl strengths

• Is the organization financially stable? Can the organization provide
audits, annual reports or other documents that demonstrate that it is

on sound financial footing and can provide services for the life of the

contract?

• Does the agency have the ability to provide reports on actual cost of
service provision?
Ability to effectively MAnAge contrActs

• Does the agency currently have contracts with other public agencies or
with other States?
• Has the agency successfully managed contracts in the past? Is itmanaging contracts currently?
processes thAt cAn provide inforMAtion on the qUAlity of services

• Does the agency track outcomes for the clients it serves?
• Does it have the capacity to track outcomes for the clients served undera purchase of adoption services contract?
• Does the agency ask its clients about their satisfaction with the servicesthat the agency provides? If so, what have been the results?
references

• Can the agency provide references from agencies for which it has
provided contracted services?

GenerAl criteriA for ASSeSSinG PrivAte Service ProviderS

• Does the agency have a full (not merely provisional) license in good standing?
• Is the agency accredited by an appropriate accrediting body such as the Council
on Accreditation for Child and Family Services (http://www coanet org/front3/
index cfm)?
• Does the agency fully understand that a child’s safety is paramount and does the
agency have the capacity to ensure that the child’s safety, as well as the child’s
well being and permanency needs, are assessed on an ongoing basis and services
are provided to ensure that they are met?
• Does the agency have experience in providing adoption services for children in
foster care?
• Is the agency able to provide the needed service to the client(s) in a timely way?
• Does the agency have experience in providing the needed service(s)?
• What is known about the quality of services that the agency provides?
• Does the agency provide services that are responsive to the needs of different
cultural/ethnic communities?
• How do agencies that have worked with the provider rate the services that it
provides?
• Does the public agency in the State where the private agency is located or
licensed use that private agency to provide adoption services for children in foster
care? If not, why not?
• Does the agency have a good understanding of the resources available to support
families who adopt children from foster care, including adoption assistance and
Medicaid coverage?
• Does the agency understand the requirements of the ICPC? Is it able to work
effectively with the State’s ICPC office?
• Does the agency understand the requirements of the ICAMA? Is it able to work
effectively with the State’s ICAMA office?
Appendix A provides a standardized format that States can use or adapt to
consistently gather information on private adoption agencies with which it mayconsider contracting. Using these same factors, a private agency can prepare a
“resume” for itself that provides a public agency with this key information.
Appendix B provides a sample “resume” for a private agency in State A that is
interested in providing post-placement supervision services for a number of
families in State A who have adopted children from State B.
Funding and Paying for Adoption Services
Experience shows that the purchase of services in general and the purchase
of adoption services, in particular, can be cost effective for public agencies.
In some cases, private agencies may be able to provide services at a lower
cost than public agencies, though this calculation is sometimes difficult to makebecause public agencies often do not maintain data on service unit or overhead
costs and costs are not easily compared. Even if the cost of private agencies’ serviceprovision is not or cannot be shown to be lower, however, it is clear that the costs
associated with the adoption of a waiting child in foster care are far less than the
costs of maintaining that child in foster care. Research shows that when the costs
of adoption are compared to the costs of long term foster care through age 18,
approximately $65,422 to $126,825 is saved for every child who is adopted.6
Funding the Purchase of Adoption Services

Public agencies often have concerns about how to fund purchase of service
contracts. The following describes some of the funding streams that States have
used to fund purchase of service contracts for adoption services. It then describes
ways that purchase of adoption service contracts can be structured regarding
payments to private agencies for the provision of these services.

Funding Streams to Support the Purchase of Adoption Services

A variety of Federal, State, and local funding options can be tapped to support
the purchase of adoption services. State and local funding options will vary from

one locale to another. States may be able to utilize the financial resources offered

through a number of Federal programs, including Title IV-E of the Social Security
Act, Title IV-B of the Social Security Act, Medicaid and the Social Services Block
Grant. In most instances, the State must provide a match for federal funds based
on the States’ unique matching formula described in the State’s various applicableState Plans.

Each of these federal funding streams is described in the following. States should

work with their respective Federal Regional Offices to strategize use of Federal

funding streams within the context of the State’s Child and Family Service Plan.

Title IV-E

A key source of funding for the purchase of certain adoption-related social
service activities can be Title IV-E of the Social Security Act. Title IV-E is a Federal
entitlement program that matches, according to a formula that is unique to each
State, the State (and other) funds that are actually expended in serving eligible
children. Each State works with its Federal Administration for Children and

6 Barth, R.P., Lee, C.K., Wildfire, J., & Guo, S. (2006). A comparison of the governmental costs of long term foster
care and adoption. Social Service Review, 80 (1), 127-158.

end post 9 8-16-08

Whos Grandpa

Families Regional Office to develop, and obtain approval for a cost allocation plan

(CAP) which determines the types of expenditures that can be claimed from the
Title IV-E funding stream. Through this process, States may most accurately claim
Federal dollars for eligible children.

Title IV-E has three funding streams7 that States may mobilize for the purchase of
adoption services so long as the allocation of funding is part of the State’s Childand Family Service Plan. Two of the funding streams fall within the Title IV-E
federal/state matching formula: Title IV-E Administration and Title IV-E Training.
These funding streams may be used to purchase a number of adoption services.
Examples are provided in Table 4.

Table . Use of Title IV-E Administration and Title IV-E Training Dollars for Adoption Services

Title IV-E Administration Title IV-E Training
Adoptive family recruitment
Home studies (Examples: Georgia, Missouri,
North Carolina, North Dakota, Wyoming)
Referral to services
Placement of child on adoption exchanges
Preparation for and participation in judicial
adoption hearings
Placement of child with an adoptive family
Development of case plans
Case management and supervision prior to the
final decree of adoption
Proportionate share of related agency overhead
Training for current and prospective adoptive parents:
Conferences and seminars
Training specific to the child’s needs
Basic adoptive parent training
Includes costs of travel to training, per diem for
adoptive families, and trainers
A third Federal funding stream within Title IV-E is the Adoption Incentive
Program, under which funds may be used to cover the costs for services (including
post-adoption services) and activities allowable under Title IV-B and Title IV-E of
the Social Security Act. States have used Adoption Incentive dollars for a variety
of adoption services, including recruiting adoptive families, completing adoptive
family home studies, preparing and disclosing records to adoptive parents,
preparing children’s life story books, completing post-placement reports, and
referring children and families for such services as child and family therapy.

Funds also may be available under Title IV-E to directly reimburse adoptive
families for certain non-recurring expenses associated with the adoption of a child
with “special needs”. “Non-recurring adoption expenses” are “reasonable and
necessary adoption fees, court costs, attorney fees, and other expenses which are
directly related to the legal adoption of a child with special needs and which are
not incurred in violation of State and Federal law.”8 Each State sets its own ceiling

7 A fourth funding stream under Title IV-E is the reimbursement of non-recurring adoption expenses which is
discussed later. This funding stream is not available for purchase of service contracts but provides assistance
22 directly to adoptive families.
8 4 USC Section 473(c)(6)(A).
for the amount of this reimbursement, but in no case can it exceed $ 000 for each
child. The determination of the amount and what is covered is made by the State
from which the child is being placed, and in an increasing number of States, the

ceiling is below $2000. States may claim 50% Federal matching for these non

recurring adoption expenses that they actually pay out to adoptive families.

Other Federal Funding Sources

In addition to Title IV-E, some States have used other Federal funding sources to
purchase adoption services. Some of these key funding sources are:

Title IV-B, Subpart 1 (Child Welfare Services): Provides Federal funding to
States to provide services to accomplish the following purposes: a) protecting
and promoting the welfare of all children, including handicapped, homeless,
dependent, or neglected children; (b) preventing or remedying, or assisting in
the solution of problems which may result in, the neglect, abuse, exploitation, or
delinquency of children; (c) preventing the unnecessary separation of children from
their families by identifying family problems, assisting families in resolving their
problems, and preventing breakup of the family where the prevention of child
removal is desirable and possible; (d) restoring to their families children who have
been removed, by the provision of services to the child and the families; (e) placing
children in suitable adoptive homes, in cases where restoration to the biological
family is not possible or appropriate; and (f) assuring adequate care of children
away from their homes, in cases where the child cannot be returned home or
cannot be placed for adoption.

Title IV-B, Subpart 2 (Promoting Safe and Stable Families): Enables States
to develop and establish, or expand, and to operate coordinated programs of
community-based family support services, family preservation services, time-

limited family reunification services, and adoption promotion and support services

to: ( ) prevent child maltreatment among families at risk through the provision
of supportive family services; ( ) assure children’s safety within the home and
preserve intact families in which children have been maltreated, when the family’s
problems can be addressed effectively; (3) address the problems of families whose

children have been placed in foster care so that reunification may occur in a safe

and stable manner; and (4) support adoptive families by providing necessary
support services.

Medicaid (Title XIX of the Social Security Act): A Federal/State entitlement
program that pays for medical assistance for certain individuals and families
with low incomes and resources. Within broad national guidelines established
by Federal statutes, regulations, and policies, each State ( ) establishes its own
eligibility standards; ( ) determines the type, amount, duration, and scope of
services; (3) sets the rate of payment for services; and (4) administers its own
program. States are required to provide certain services under their Medicaid
programs, such as the services of physicians and nurse practitioners, laboratory
and x-ray services, and Early and Periodic Screening Diagnosis and Treatment
(EPSDT). Other services, such as clinic and rehabilitative services, are at the option

of the State. Medicaid services must be provided by Medicaid-certified providers.

end post 10 8-17-08

Private agencies may or may not be certified. When they are not, they may be
expected to locate Medicaid certified providers in the community who can meet the
child’s identified needs.

Social Services Block Grant (Title XX of the Social Security Act): Enables States

to provide services directed at one or more of five broad goals: (1) achieving or

maintaining economic self-support to prevent, reduce, or eliminate dependency;

(2) achieving or maintaining self-sufficiency, including reduction or prevention of
dependency; (3) preventing or remedying neglect, abuse, or exploitation of children
and adults unable to protect their own interests, or preserving, rehabilitating or
reuniting families; (4) preventing or reducing inappropriate institutional care by
providing for community-based care, home-based care, or other forms of less

intensive care; and (5) securing referral or admission for institutional care when

other forms of care are not appropriate, or providing services to individuals in
institutions.

Adoption Incentive Payments: Provides incentive funds to States if the State’s
foster care and older child adoptions exceed the base number of foster care and

older child adoptions for the State in the fiscal year. Incentives awarded to a State

may be spent on any service allowed under Titles IV-B and IV-E.

Timely Interstate Home Study Incentive Payments: Provides an incentive of $1,500

in Federal funds for interstate home studies completed by a receiving State within
30 days of receipt of a request from a sending State. Incentives awarded to a State
may be spent on any service allowed under Titles IV-B and IV-E.

Table 5 provides the types of services that can be purchased and the Federal

funding streams, other than Title IV-E, that can possibly be used to fund the
purchase of adoption services and/or other services that children and families may
need.9

Each State needs to work with its Federal Regional Office to establish in its Child and Family Service Plan how it will direct

federal funding to pay for child welfare services. States may make choices to spend federal funds that could be available forsome of these adoption services for other eligible services that have a higher priority in their overall administration of the child
2 welfare programs in their States.
Table . Potential Sources of Federal Funds for the Purchase of Adoption Services and
Other Services Needed by Adopted Children and Adoptive Families

Type of Service Service Potential Funding
Pre-placement
services
Family recruitment and
selection
Title IV-B, Subpart 1, Child Welfare Services
Title IV-B, Subpart 2: Adoption promotion and support
services
Adoption Incentive
Timely Interstate Home Study Incentive
Home studies/family
profiles
Title IV-B, Subpart 1
Title IV-B, Subpart 2: Adoption promotion and support
services
Adoption Incentive
Timely Interstate Home Study Incentive
Child preparation Title IV-B, Subpart 1
Title IV-B, Subpart 2
Medicaid (services for the child) (Examples: EPSDT,
physical health services, clinical services, rehabilitative
services, targeted case management)
Social Services Block Grant
Adoption Incentive
Timely Interstate Home Study Incentive
Coordination of child
and family meeting and
planning of placement
Title IV-B, Subpart 1, Child Welfare Services
Title IV-B, Subpart 2: Adoption promotion and support
services
Adoption Incentive
Timely Interstate Home Study Incentive
Post-placement
services for children
and families
Services for children and
families
Title IV-B, Subpart 1, Child Welfare Services
Title IV-B, Subpart 2: Family support, family
preservation, adoption promotion and support
Medicaid (services for child)
Social Services Block Grant
Adoption Incentive
Timely Interstate Home Study Incentive
Case management Title IV-B, Subpart 1, Child Welfare Services
Title IV-B, Subpart 2: Family support, family
preservation, adoption promotion and support
Medicaid (services for child)
Social Services Block Grant
Adoption Incentive
Timely Interstate Home Study Incentive
Post-finalization
services
Services for children and
families
Title IV-B, Subpart 2: Family support, family
preservation, adoption promotion and support services
Medicaid (services for the child)
Social Services Block Grant
Adoption Incentive
Timely Interstate Home Study Incentive

2

States across the country, working with their Federal Regional Offices, have

developed innovative ways to blend and braid Federal and State funding tomore effectively serve children and families. These approaches merge and take
maximum allowable advantage of different funding sources so that the needs
of children and families can be met. States that are interested in exploring these

funding approaches should work directly with their Federal Regional Offices.

In addition to the government funding streams that States may be able to direct to
services to achieve and maintain adoption, there are non-governmental sources that
families may be able to tap directly to support their efforts to adopt. Appendix Cprovides a list of potential resources that families may use as they move through
the adoption process.

A checkliSt for fundinG the PurchASe of AdoPtion ServiceS

1 Who is responsible in my State for:

• Determining how federal funds are used?
• Working with the Federal Regional Office to develop my State’s Child and Family
Services Plan?
2 What is my State’s protocol for providing input on how federal funds are allocated?

3 Is my State currently using any of the following Federal funding streams for the purchase
of adoption-related social service activities and/or adoption services?

___ Title IV-E:

___ Administration

___ Training

___ Adoption Incentive Funds

___ Title IV-B

___ Subpart 1: Child Welfare Services

___ Subpart 2: Promoting Safe and Stable Families

___ Social Services Block Grant

4 Is my State utilizing Medicaid for the provision of services to children who are being
placed with adoptive families and services post-placement?
___ EPSDT

___ Physical health services

___ Rehabilitative services

___ Clinical services

___ Targeted case management

5 Are there opportunities to use Federal funding streams that my State is not currently
using for purchase of service?
6 What State and local sources of funding might we use for the purchase of adoption
service?
2

Stable Funding of Purchase of Service

Although there are many potential sources of funding for the purchase of adoption
services, it is not uncommon that public and private agencies express concerns
about ensuring stable funding for these contracts. Professionals from across
the country who have long experience with purchase of service contracts offer
important guidance about stabilizing funding for the purchase of adoption services.
The following summarizes their responses to some key questions about funding the
purchase of adoption service contracts.

Q: What are the financial keys to the successful purchase of adoption
services?

The following are some of the keys to the successful purchase of adoption
services:

• Have a budgeted line item for the purchase of adoption services.
• Examine historical costs and add “an increase factor” in determining the
amount of money that will be needed for the entire fiscal year

• Involve field staff, management staff, and fiscal staff in planning for the
purchase of adoption services. Use a systems approach in determining
need. For example, if the state is planning a reduction in public agency
staff in recruitment units, there will be a greater need to purchase those
services from private agencies.

• Clearly state in any purchase of service agreement what is being
purchased, when services are to be delivered, what will be paid for the
services, and in what increments payments will be made.
• Have procedures in place to periodically review and establish minimum
costs for required services.
• Have clear accountability mechanisms in place to track the performanceof private agencies and hold them to clearly stated outcomes.
• Have mechanisms in place for amendments to or extensions of contractswhen, in the best interest of the child, additional time is needed to
finalize the adoption.

Q: An agency may enter into a purchase of service contract and then find
that the funds that have been allocated for the program have been or willdecrease. How does a public agency handle the uncertainties about futurefunding when considering purchase of service?

Professionals point out that public agencies with responsibility for children
in foster care are accountable for ensuring that permanency is achieved for
them, including permanency through adoption. This responsibility is one
the public child welfare agencies readily recognize and take seriously. At the
same time, the Federal government, through the Child and Family Service
Reviews, holds public agencies accountable for the timely achievement of
adoption outcomes. Given this level of accountability, it is expected that
public agencies will honor the contracts that they have made with privateagencies to provide adoption services.

Nonetheless, situations may arise in ”Public agencies with the custody of
which allocated funds for the purchase children are responsible for achieving
of adoption services prove to be permanency for them as quickly as
insufficient. Cases may continue beyond possible. Permanency is not cheap.”

the current funding cycle for contracts, Private Agency Professional
or the State may exceed its ownexpectations and place more children with adoptive families than projected.

Pragmatically speaking, there are specific strategies that public agencies can

use to ensure, to the fullest extent possible, the availability of funding for

the entire fiscal year covered by purchase of service contracts. As a startingpoint, public agencies, through their fiscal departments, must monitor

the money that is made available for contracts and enter into contractsaccordingly. Public agencies will be better positioned to ensure that enough
money has been budgeted to cover contracted services when they carefully
examine the historical use of dollars and using this information, project the
costs of services over time.

If it is not certain that there are PrActice GuidelineS for Public AGencieS:

sufficient funds to cover existing

contracts, it is imperative that To ensure adequate funding for the purchase
public agency program staff meet of adoption services, public agencies should:

with the public agency’s fiscal

division to explore solutions. • Review the funding that historically
Solutions can best be developed has been allocated to the purchase of
through input from public adoption services over several fiscal years

agency direct service staff and • Track the actual usage of dollars under

private agencies and with a clear purchase of service contracts

understanding of how the dollarsare being used for services. If • Identify the months when the level offunding decreases while contracts adoption activity is higher and greater useare in place, it is essential that of purchase of service will be needed
everyone – the public agency andthe private agency — pull togetherand address how services can be
continued.

Changes in the availability of funds to purchase adoption services may
be beyond the control of the agency that uses these funds to purchase
adoption services. Despite this reality, child welfare professionals have a

responsibility to provide those who make fiscal decisions with information

on how directing funding to the purchase of adoption services can improve
permanency outcomes for children in foster care.

2 end post 11 8-18-08

Life blooms

Q: What if the public agency does not have the funds to cover all of theservices that need to be purchased for children and families?
As with issues regarding decreased funding in the midst of purchase of
service contracts, many professionals view the position that there is “not
enough money to cover neededservices,” as especially challenging in “Priority needs to be placed on the
light of the obligation of public child purchase of adoption services. Some

welfare agencies to provide services States and counties say, ‘we just don’t
so that children achieve permanency. have the money,’ and other States and
Two important questions need to be counties have no difficulties at all.”

considered: Is the State or county Private Agency Professional
willing to prioritize the use of dollarsfor purchase of service? Is the State or county able to carve out dollars for
this purpose? Professionals agree that prioritizing purchase of service and
dedicating funds for this purpose are key.

If funds simply are not available for support purchase of services, it is
important to consider alternate ways that these services might be provided.
Child welfare professionals should explore all possible funding sources to
support good practice, which includes purchase of service, but the decisions

regarding funding are complex and may be made by officials who must

consider purchase of services along with many other priorities.

Paying for Adoption Services

Some of the most challenging decisions that a public agency may face whenpurchasing adoption services involve payment issues: ( ) what method(s) to use to
pay for adoption services and ( ) how much to pay for those services.

Different Payment Methods

Depending on the type of service purchased, public agencies may use a variety of
methods to pay providers of adoption services:

 . Hourly payment for services provided

stAte A pAys An hoUrly rAte for “perMAnency plAceMent” services. it
liMits, however, the totAl nUMber of hoUrs of service per child.

Under this approach, an hourly fee is set for the service and the private
agency bills the public agency for the total hours spent in providing the
service at the set rate. In some cases, agencies use the concept of “billable

hours” and track services in increments smaller than an hour, such as 15

minute increments.

2

 . Monthly payments per child

stAte b pAys privAte Agencies A Monthly fee for the AdMinistrAtive
portion of the Adoption services they provide. AdMinistrAtive services
inclUde cAse MAnAgeMent, sUch As ArrAnging for coUnseling And
therApy, And edUcAtionAl liAison services.

Under this approach, the public and private agencies agree to a monthly fee
for services provided to the child. The private agency bills monthly (or for a
pro rata share of the month if the child is not served for the entire month).

When services are paid on an hourly or monthly basis and are not tied to

specific outcomes, it is not unusual to find that contracts contain a case

“cap” (that is, the maximum that can be spent per child), a “budget line cap”

(the maximum that can be spent on a specific budget item), or a “budget

cap” (the maximum that the agency can spend in total serving children and
families).

3. Per child or per family payment for services
stAte c pAys A privAte Adoption Agency in stAte d A flAt rAte for
coMpleting the fAMily’s hoMe stUdy, providing post-plAceMent
sUpervision for As long As the child needs thAt service (or for As long
As it is reqUired by stAtUte, regUlAtion or rUle), And finAlizing the
Adoption.

Under this approach, there is a fixed fee for all services that a child or family

needs. The agency is paid that amount and is expected to serve the child

or family for a fixed period of time or, under some contracts, for as long as

necessary.

4 Fixed payments per service “unit”

Under this approach, the public agency, often in collaboration with private

agencies, sets a fixed fee for each defined unit of service.

Defining Service Units

In different States, different approaches have been taken to defining
“service units” and setting fees. One State 0 has defined the
following “service units” for which a set fee is assigned:

• Child preparation (a written plan outlining the preparation
activities is required with a minimum of 0 visits with a child
over a six-month time period);
• Child profile (a comprehensive summary of the child’s life
history, current functioning, and special needs)

 0 These definitions of service units have been developed by the State of Pennsylvania Statewide Adoption and Permanency

Network (http://www.adoptuskids.org/paeswan.asp).

 0
• Child specific recruitment (efforts to locate and identify an
adoptive family for a child within specified time benchmarks)
• Family Profile [also known as the Home Study] (assessment,
orientation, family preparation, pre-placement continuing
education, professional supports, and matching referrals)

• Child placement (all pre-placement activities that lead to a
child moving to the home of the adoptive family, a formal
agreement being put into place, and a report to the court of the
intention to adopt)
• Adoption finalization (supervision of the placement thatincludes ongoing assessment of the child’s needs andintegration into the adoptive family, supportive services,
reports, home visits, and work with the court and attorneys to
the point of finalization)

• Advocacy for post-adoption services (management activities toensure that families receive post-permanency services and case
management)
• Support groups (structured meetings to build a community of
support for adopted children, birth children and permanent
families)
• Respite (family support services that allow families to take abreak and then return to parenting)
5. A series of payments tied to achievement of specified outcomes
stAte e pAys A privAte Adoption Agency in stAte f one hAlf of A fixed
fee At the tiMe the child is plAced with A prospective Adoptive fAMily
And the reMAining hAlf At the tiMe thAt the Adoption is finAlized.

Common examples of this approach with regard to adoption services are:

One lump sum payment at adoption finalization

Payment at two points:
One-half payment at time of placement and one-half when the

adoption is legally finalized

Payment at three points:
One-third at the time of placement, one-third at the time

of finalization, and one-third at one year post-finalization

assuming that the adoption is intact

There are advantages and disadvantages to each of these approaches to structuring
payments under purchase of service contracts. Interest has grown in purchasing

outcomes or goal achievement — as described in #5 above — rather than purchasing

a service or activity. This process, often called “performance-based contracting,”

 end post 12 8-19-08

first bath at home

heightens accountability with regard to both the quality and timeliness of services.
It also can pose particular challenges in determining the “right” rate to be paid foreach outcome to be achieved.

How Much to Pay

Determining the price of services under a purchase of service contract – whether
on an hourly, monthly, per-client, per-service unit, or outcome basis – is a complex
issue. States vary widely regarding what they pay for services under purchase of
service agreements – both within their own states as well as interjurisdictionally. It

is not unusual, for example, to find that one State pays $2,500 for interjurisdictional

adoption placement services and another State pays $ 3,000 for the exact same
required services.

As agencies across the country have attempted to “cost out” services that
traditionally have been provided by public agencies, they have found that data on

historical costs will be most helpful, as discussed earlier. They may find, however,
that this information is not readily available. It may be difficult for public child

welfare agencies to calculate the true costs incurred when its own staff provides
all adoption services. Many public agencies have not maintained data on service

unit costs or the costs of achieving specific outcomes. When this type of data is not

available, it will be more challenging to determine how much to pay for services.
Nonetheless, a public agency can review its contracts with private agencies in its
own State and can contact colleagues, such as Adoption Specialists/Managers in
other States, to develop a clearer understanding of how to price these services.

In deciding how much to pay, it is critical that a public agency consider whether
the current pricing of services meets the actual costs of providing the services. The
question that should drive this consideration is: What would be the actual coststo the public agency if it were to use its own staff to provide the services that the
private agency is being asked to provide? Actual costs include not only the direct
cost of providing the service (the time of the social worker) but administrative
and other overhead costs that are incurred whenever an agency (public or private)
provides a service. Discussions with private agencies about the actual cost ofservice provision can provide important information in making this determination.
Private agencies that have the capacity to determine the price of services accuratelyand that have developed a system of service provision that is tied to true costs will
be particularly helpful in these discussions. They also can provide information on
the costs of services in different regions of the country. State A may discover that

what it pays for a service in State A is significantly less than what a private agency

in State B must receive to meet its costs given differences in cost of living and salary
differentials.

Private agencies should be able to share with public agencies the formula they use
for determining the cost of services (whether that is by the hour, month, per client,
per service unit, or by outcome). When payment is by the hour (or increments
of an hour), in particular, there must be a system for tracking the hours of service
provision and a billing system that captures this information and tracks payments.
When payment is by other methods, private agencies need data systems that

 2

capture information on services provided, the costs of services, and the extent to
which payment rates under current contracts may not cover the actual costs of
services.

When determining how much to pay for services, the goal is to develop purchase
of service contracts that are realistic and ethical – that is, contracts that provide
adequate and appropriate resources to private agencies so that they can deliver

high quality, professional services within a sound business and financing structure

for the organization and can produce the outcomes that both the public and private
agency want to achieve.

The Purchase of Adoption Services Contract
The scope of a purchase of service contract will vary depending on the nature
of the adoption services to be provided. Purchase of adoption services
contracts, for example, vary along the following lines:

nUMber And type of clients to be served: contrActs MAy provide thAt the privAte
Agency, dUring the tiMe covered by the contrAct:

• Serve an unspecified number of children
• Serve an unspecified number of families
• Serve an unspecified number of children but not exceed a set maximum
number

• Serve a specified number of children or families (including one child or
one family)

services to be provided: contrActs MAy provide thAt the privAte Agency:

• Provide specifically delineated services
• Provide an all-inclusive list of services
the pAyMent Method: contrActs MAy set As the pAyMent Methodology:

• Payment per service
• Payment per hour or per day
• Lump sum payment upon achievement of specified outcomes
Given the great variability in purchase of adoption service contracts, it is not
possible to present the “ideal” contract. It is important, however, to recognize that
each contract will have two key types of provisions:

 . Standard provisions that each State or county requires in any contract that the State
or county enters into with another party. These provisions may include such
matters as:

• The provider’s status as an independent contractor
• Requirements for liability insurance coverage
• Non-discrimination requirements under Federal and/or State civil
rights laws and/or under the Americans with Disabilities Act and
Section 504

• Procedures for resolving disagreements or problems that arise between
the public agency and the private agency provider
• Whether the private agency can subcontract or assign any of its
obligations under the contract to another agency or individual
• The contract being subject to ongoing availability of funding

These provisions typically cannot be changed as they are standard language that
a State or county requires in all contracts. In some cases, private agencies may notbe able to proceed with a contract to provide adoption services because they are
unable to meet a State’s or county’s standard requirements. As an example, a smallprivate agency that provides quality adoption services may not be able to meet the
State’s or county’s requirements for liability insurance and, as a result, may not be
able to enter into a contract with that State.

 . Provisions that are specific to the purchase of adoption services. These provisions
will differ, depending on whether the contract is for the provision of services

to a number of children or families or the contract is for an identified child.

The following discussion provides an outline of key provisions for each type
of contract. It is important to remember, however, that different States may
have different approaches to contract provisions.

Provisions of Purchase of Adoption Service Contracts: Services for a Group of
Children and Families

I. Term of the contract
• Beginning and ending date
• Any provisions for contract renewal
These provisions make clear the time frame for the contract and
whether the public agency envisions the ongoing renewal of the
contract.

II. Description of the children/families to be served
These provisions clearly describe the population of children or
families that the private agency is expected to serve.
III. Description of the services to be provided
These provisions clearly state the specific services that the private

agency is to provide. They may be highly detailed (for example,
setting a minimum of hours of service that must be provided) or they
may be more general descriptions.

IV. Fee/payment schedule
Typically, contracts address several issues in connection with the
payment for services:

Method of payment

1. How services will be paid: hourly, monthly, as a case rate, or based on
the achievement of specified activities or outcomes

2. Whether travel expenses are included within payment rate or will be
reimbursed as a separate item
3. Any prohibitions regarding charging clients for any fees associated
with the services covered in the purchase of service agreement
(typically, this practice is prohibited)

end post 13 8-20-08

Oh boy here I go

Any limitations as to how funds under the contract may be used

Process for payment

1. The schedule for submitting invoices
2. Invoicing/billing procedures
3. Payment procedures and schedules
V. Record-keeping requirementsThese provisions describe the types of records that the private agency
is expected to maintain and often include:

1. Client records
2. Programmatic records
3. Statistical records
4. Fiscal records
5. Records related to State licensing, including business licensing, if
required (typically through the Secretary of State), and licensing as an
adoption agency
These provisions often also state the State’s or county’s requirements
regarding the retention of records.

VI. Data collection and reporting requirementsThese provisions state the types of reports that the private agency
must provide to the public agency and the time frames for reporting.
The types of reports that are often required are:

1. Programmatic reports
2. Status reports on clients
3. Fiscal reports
These provisions also may include the State’s or county’s

requirements regarding fiscal audits by the public agency.

VII. Performance standards/requirementsContracts are likely to vary in their inclusion of standards or
performance criteria that the private agency must meet. These
provisions vary widely from State to State, but they can be grouped in
several categories:

Requirements regarding private agency staff

1. Requirements regarding cultural competence
2. Criminal history background checks of staff
3. Specified requirements regarding staff credentials
4. Requirements regarding staff training or certification as mandatory
reporters of child abuse and neglect under applicable State law.

Requirements regarding service provision

1. Requirements regarding the services that the provider is expected to
provide, including the frequency with which the provider is required
to have face-to-face contact with the child, where these visits can
and cannot occur, what the purpose of the visit is, and what must be
included in written reports to the child’s sending agency
2. Requirements regarding critical incident or special issue reporting,
including reports of child maltreatment
3. Any requirements regarding compliance with the public agency’s
forms or procedures in connection with service provision
4. Any requirements regarding the provision of interpretation and
translation services
5. Any statutory requirements regarding the sealing of adoption records
and submitting information to the Adoption Registry
Performance standards and evaluation

1. Performance measures when relevant to contracted services
2. Requirements for evaluation of services provided
By the private agencyBy the public agency
3. Requirements regarding client appeals and grievances
Information-sharing

1. Requirements regarding compliance with HIPAA or other laws
regarding the confidentiality of client information

2. Any requirements regarding the agency’s contact with the media
VIII. Licensure and/or accreditation requirementsThese provisions describe requirements regarding the private
agency’s licensure status (as a business, if required by State law, and
as an adoption agency) and whether the agency must be accredited.

IX. Procedures for resolving disputes
These provisions describe the procedures that will be used when the

public agency and private agency encounter significant differences

regarding the provision of services. They may include procedures
for resolving disputes through mediation, grievance procedures,
appeals processes, or, in the event of serious disputes, a process for
terminating the contract.

 7

Provisions of Purchase of Service Contracts: Child-Specific Services

These contracts may be stand-alone agreements or may be an addendum to a
standard adoption contract:

satisfactory completion of services.

I. Time frame for the contract
II. Ongoing roles and responsibilities of the public agency with regard tothe child(ren) that are in its custodyThese provisions state specifically the ongoing responsibilities of the
public agency with regard to the individual child or sibling group.
III. Specific services that the private agency will provideThese provisions describe the services that the private agency will
provide on behalf of the child. They often also include requirements
regarding the number and frequency of visits with the child/family,
including the frequency with which the provider is required to have
face-to-face contact with the child, where these visits can and cannot
occur, what the purpose of the visit is, and what must be included in
written reports to the child’s sending agency
IV. Period of time over which the private agency will be responsible for thechild
These provisions set the time frame for the provision of services.
V. Reporting requirementsThese provisions describe the type of reports that are required, the
time frames for reporting, and any specific requirements regarding
the nature or format of the reports.
VI. Fee/payment rateThese provisions state what the private agency will be paid for the
provision of the specified services.
VII. Payment methodologyThese provisions describe the way that payment will be made
and whether there are incentives (or bonuses) for the timely and

VIII. Contingency arrangements
When appropriate to the subject of the contract, these provisions
outline respective responsibilities when the child’s placement with
a family in another state is not successful. These provisions make
clear who is responsible for what services and who will pay for those
services should a placement disrupt.

IX. Any specific provisions regarding the provision of services in light of
the child’s individual circumstances.

]These provisions, if included, address special circumstances that

require that services be provided in a specific way. An example is the

following:

“Due to the length of time that the child has been in thehome, AGENCY and DEPARTMENT agree to waive further
supervision following signing of the placement agreement and

to move immediately toward finalization.”

WhAt not to include in contrActS

Keep in mind that some contract provisions are NOT helpful!

• Avoid putting in requirements that a private agency in State B comply with
laws and regulations of State A that are referenced solely by number When
these references appear without explanation, the private agency may have
to do legal research to understand what the laws and regulations require
One alternative is to include as an appendix to the contract the applicable
statues, rules, or policies
• Avoid contract provisions that are specific to State A’s laws and apply to
State A private agencies but would not apply to an agency in another State
(Examples: Requiring a State B agency to utilize the child abuse registry
in State A for background checks on all staff [the agency in State B should
check the child abuse registry in State B]; Requiring a State B agency to use
court procedures of State A that have no counterpart in State B courts when
the adoption is being finalized in State B )
Agreements with Families: Openness in Adoption

An issue that often arises in connection with the contracts made on behalf of an

identified child or children is the extent to which legal agreements can ensure that

children will maintain contact with siblings or extended family members. It is

possible to include in agreements with families specific language regarding the

child’s ongoing contacts with birth family members (for example, the type of visits,
frequency of contact, and who will pay travel costs) and, in some states, post-
adoption contract agreements are legally enforceable. In many states, however,
such “open adoption agreements” are not recognized and are not enforceable. In

reality, agencies do not have control after an adoption is finalized. As a result,

professionals with extensive experience recommend that ongoing contact be
fostered through:

• Encouraging adoptive families from the outset to be open to the child’s
ongoing contact with siblings and extended family members when it would notcompromise the safety of the child or adoptive family or the well being of the
child.

• Addressing the issue directly during the pre-placement process when contact
appears to be a concern for prospective adoptive families
• Including in the agreement with the family language regarding maintaining
relationships that are important to the child when safe for and in the best
interests of the child
• Including with the adoption subsidy agreement costs associated with travel for
sibling visits
• Using digital cameras, Internet technologies, and regular mail to help the child
and family members remain in touch when safe for and in the best interest of the
child
• Regularly reviewing policies and practices to ensure that the agency supports
contact over time
0

end post 14 8-21-08

Hi everyone

Any limitations as to how funds under the contract may be used

Process for payment

1. The schedule for submitting invoices
2. Invoicing/billing procedures
3. Payment procedures and schedules
V. Record-keeping requirementsThese provisions describe the types of records that the private agency
is expected to maintain and often include:

1. Client records
2. Programmatic records
3. Statistical records
4. Fiscal records
5. Records related to State licensing, including business licensing, if
required (typically through the Secretary of State), and licensing as an
adoption agency
These provisions often also state the State’s or county’s requirements
regarding the retention of records.

VI. Data collection and reporting requirementsThese provisions state the types of reports that the private agency
must provide to the public agency and the time frames for reporting.
The types of reports that are often required are:

1. Programmatic reports
2. Status reports on clients
3. Fiscal reports
These provisions also may include the State’s or county’s

requirements regarding fiscal audits by the public agency.

VII. Performance standards/requirementsContracts are likely to vary in their inclusion of standards or
performance criteria that the private agency must meet. These
provisions vary widely from State to State, but they can be grouped in
several categories:

Requirements regarding private agency staff

1. Requirements regarding cultural competence
2. Criminal history background checks of staff
3. Specified requirements regarding staff credentials
4. Requirements regarding staff training or certification as mandatory
reporters of child abuse and neglect under applicable State law.

Requirements regarding service provision

1. Requirements regarding the services that the provider is expected to
provide, including the frequency with which the provider is required
to have face-to-face contact with the child, where these visits can
and cannot occur, what the purpose of the visit is, and what must be
included in written reports to the child’s sending agency
2. Requirements regarding critical incident or special issue reporting,
including reports of child maltreatment
3. Any requirements regarding compliance with the public agency’s
forms or procedures in connection with service provision
4. Any requirements regarding the provision of interpretation and
translation services
5. Any statutory requirements regarding the sealing of adoption records
and submitting information to the Adoption Registry
Performance standards and evaluation

1. Performance measures when relevant to contracted services
2. Requirements for evaluation of services provided
By the private agencyBy the public agency
3. Requirements regarding client appeals and grievances
Information-sharing

1. Requirements regarding compliance with HIPAA or other laws
regarding the confidentiality of client information

2. Any requirements regarding the agency’s contact with the media
VIII. Licensure and/or accreditation requirementsThese provisions describe requirements regarding the private
agency’s licensure status (as a business, if required by State law, and
as an adoption agency) and whether the agency must be accredited.

IX. Procedures for resolving disputes
These provisions describe the procedures that will be used when the

public agency and private agency encounter significant differences

regarding the provision of services. They may include procedures
for resolving disputes through mediation, grievance procedures,
appeals processes, or, in the event of serious disputes, a process for
terminating the contract.

 7

Provisions of Purchase of Service Contracts: Child-Specific Services

These contracts may be stand-alone agreements or may be an addendum to a
standard adoption contract:

satisfactory completion of services.

I. Time frame for the contract
II. Ongoing roles and responsibilities of the public agency with regard tothe child(ren) that are in its custodyThese provisions state specifically the ongoing responsibilities of the
public agency with regard to the individual child or sibling group.
III. Specific services that the private agency will provideThese provisions describe the services that the private agency will
provide on behalf of the child. They often also include requirements
regarding the number and frequency of visits with the child/family,
including the frequency with which the provider is required to have
face-to-face contact with the child, where these visits can and cannot
occur, what the purpose of the visit is, and what must be included in
written reports to the child’s sending agency
IV. Period of time over which the private agency will be responsible for thechild
These provisions set the time frame for the provision of services.
V. Reporting requirementsThese provisions describe the type of reports that are required, the
time frames for reporting, and any specific requirements regarding
the nature or format of the reports.
VI. Fee/payment rateThese provisions state what the private agency will be paid for the
provision of the specified services.
VII. Payment methodologyThese provisions describe the way that payment will be made
and whether there are incentives (or bonuses) for the timely and

VIII. Contingency arrangements
When appropriate to the subject of the contract, these provisions
outline respective responsibilities when the child’s placement with
a family in another state is not successful. These provisions make
clear who is responsible for what services and who will pay for those
services should a placement disrupt.

IX. Any specific provisions regarding the provision of services in light of
the child’s individual circumstances.

]These provisions, if included, address special circumstances that

require that services be provided in a specific way. An example is the

following:

“Due to the length of time that the child has been in thehome, AGENCY and DEPARTMENT agree to waive further
supervision following signing of the placement agreement and

to move immediately toward finalization.”

WhAt not to include in contrActS

Keep in mind that some contract provisions are NOT helpful!

• Avoid putting in requirements that a private agency in State B comply with
laws and regulations of State A that are referenced solely by number When
these references appear without explanation, the private agency may have
to do legal research to understand what the laws and regulations require
One alternative is to include as an appendix to the contract the applicable
statues, rules, or policies
• Avoid contract provisions that are specific to State A’s laws and apply to
State A private agencies but would not apply to an agency in another State
(Examples: Requiring a State B agency to utilize the child abuse registry
in State A for background checks on all staff [the agency in State B should
check the child abuse registry in State B]; Requiring a State B agency to use
court procedures of State A that have no counterpart in State B courts when
the adoption is being finalized in State B )
Agreements with Families: Openness in Adoption

An issue that often arises in connection with the contracts made on behalf of an

identified child or children is the extent to which legal agreements can ensure that

children will maintain contact with siblings or extended family members. It is

possible to include in agreements with families specific language regarding the

child’s ongoing contacts with birth family members (for example, the type of visits,
frequency of contact, and who will pay travel costs) and, in some states, post-
adoption contract agreements are legally enforceable. In many states, however,
such “open adoption agreements” are not recognized and are not enforceable. In

reality, agencies do not have control after an adoption is finalized. As a result,

professionals with extensive experience recommend that ongoing contact be
fostered through:

• Encouraging adoptive families from the outset to be open to the child’s
ongoing contact with siblings and extended family members when it would notcompromise the safety of the child or adoptive family or the well being of the
child.

• Addressing the issue directly during the pre-placement process when contact
appears to be a concern for prospective adoptive families
• Including in the agreement with the family language regarding maintaining
relationships that are important to the child when safe for and in the best
interests of the child
• Including with the adoption subsidy agreement costs associated with travel for
sibling visits
• Using digital cameras, Internet technologies, and regular mail to help the child
and family members remain in touch when safe for and in the best interest of the
child
• Regularly reviewing policies and practices to ensure that the agency supports
contact over time
0

end post 14 8-21-08

Some Additional Practicalities: Making the
Purchase of Adoption Services Work!

When public and private agencies consider the purchase of adoption
services, there are several issues that often arise regarding the
practicalities of this process. The following provides, in a question

and answer format, the thinking of professionals from across the United States

about some additional aspects of purchasing adoption services: State-to-State

relationships, communication and information sharing, and the contracting

process.

Communication and Information-Sharing

Q: How is communication best established between the public agency and aprivate agency in another State?
Communication between agencies in different States needs to take place at
two levels. First, the public agency and private agency should enter into acontract that clearly communicates all expectations – regarding services,

timelines, payments, and resolution of any difficulties that may arise. The

provisions of the contract that agencies might consider were discussed
earlier. The best results are likely to be achieved when the contracts
manager for the public agency is part of the conversations between publicagency program staff and private agency program staff.

Second, beyond being clear about the contract, caseworkers and supervisorsin both the public and private agencies need to establish direct and clear

communication on a personal level. Specifically, when services are being
provided to an identified child or family, staff with the public and private
agencies should participate in telephone calls to discuss the specific

circumstances of the child and family. Only after a phone call shouldcommunication proceed to email or regular mail (as a last resort!). Personal
connections can sometimes be facilitated by more seasoned caseworkers or
supervisors who have already worked with the private agency and have
personal relationships with staff members.

When services are provided to an identified child or family, an excellent

way to ensure that everyone is clear about what is expected is to hold a
referral conference by telephone or in person. Referral conferences provide
caseworkers and supervisors from the public agency and private agency
with an opportunity to work through issues related to service provision.
The referral conference, for example, can be used to clarify what is expected
with regard to arranging sibling visitation, such as the timing of visits and
who will provide transportation. There may be more than one call as part
of this process. The initial call may focus on the responsibilities of the
direct service staff, the adoptive and foster families, and the respective State

Offices. A second discussion may be held about the contract provisions

end post 14 8-22-08

this is fun

END POST 14 8-22-08

once the responsibilities are clarified. It is important to memorialize the

expectations and decisions in writing and provide this information to all
parties.

Q: How much information can be shared between the public and privateagency given the mandates of HIPAA?
States vary in their interpretations of HIPAA’s application to adoption.
In many States, the public agency, as the guardian of children who have
been freed for adoption, is considered the holder of the child’s records
and, as a result, is authorized to make decisions about the information that
will be provided to private agencies and to release that information. The
application of HIPAA may be more complex when the agency is not the
child’s guardian. In these cases, consent must be obtained from the child’s
parent or the child, depending on the age and maturity of the child and the

nature of the information. In
other States, HIPAA has been
interpreted as restricting the
disclosure of information even
when the State is the guardian
for the child. It is importantthat a public agency consultwith its legal counsel aboutthe State’s interpretation of
HIPAA mandates regarding
the disclosure of personal
information about children
who are freed for adoption. At
the same time, it is importantto recognize and adhere to
legal requirements and ethics
related to full disclosure
of material background
information on children to
prospective adoptive families.

State-to-State Relationships

PrActice tiPS for enSurinG cleAr communicAtion
About contrActS

• Do not make assumptions that everyone
understands what is expected
under the contract Be clear about
what services are to provided, what
outcomes are to be achieved, the
timelines for services and outcomes,
how much will be paid for what, and
how problems will be resolved Follow
any verbal clarifications that take place
with a written reiteration of them .
• Involve the contract manager in program
staff’s discussions of the contract The
contract manager can play a key role
in ensuring that everyone understands
exactly what the contract says and what
the contract language means!
Q: Some State and county caseworkers do not trust private agencies, andsome private agencies express distrust of public agencies. How can
we help staff overcome the distrust that public and private agencies
sometimes feel about one another?
The consensus among professionals is that the key is RELATIONSHIPS.
When caseworkers from different States have opportunities to meet one
another, at conferences or meetings or through other events, they are able
to develop positive impressions about one another. Once that personalrelationship is established, it can be maintained, even by email! It is an
interesting phenomenon that when individuals have developed a positive

 2

relationship with one another, they tend to transfer those positive views
to the other individual’s organization and in some cases, even to other
organizations. Through these positive working relationships, attitudes are
likely to undergo important
transformations! “Most States work with private agencies

for foster care placements, so why would

Relationships between public it be different to work with private

and private agency staff can agencies for adoption services? Just as

be supported through both agencies work through difficulties that

structural and operational may arise in the provision of foster care

approaches. Steps that agencies services, the same strategies can be used

can take to foster positive to resolve problems in the provision of

working relationships with one adoption services.”

another include the following: Public Agency Professional

• Ensure that everyone is on the same page philosophically (for example,
that everyone understands that child safety is paramount and “trumps”
all other objectives and interests and that everyone agrees that “every
child in care is adoptable,” that “it is our job to find a family for every

child in foster care who needs a family,” and that time is of the essence

when working to achieve permanency for a child in foster care).

• Model collaborative practice at the administrative level. Normalizecollaboration!
• Use the AdoptUsKids Training and Technical Assistance network to
provide training to States and private agency adoption managers and
directors.
• Develop an organizational culture in which interjurisdictional adoptive
placements are part of the agency’s “business as usual.”
• Provide basic resources that guide practice, such as help manuals,
clearly stated standards in policy and procedure bulletins, and clear
benchmarks regarding the private agency’s performance. Include
purchase of service “how-to’s” in child welfare policy manuals.
• Ensure that there is “constant communication” between the agencies, a
step made all the easier by email!
• Develop contracts that provide clearly defined ways to resolve issues
that may undermine confidence in the quality of the private agency’s
performance or erode the private agency’s trust that the public agency is
“on board” with the work being undertaken.

Q: It can be difficult, as a public agency, to “let go” and move forward with
the purchase of adoption services. Are there ways to help staff overcome
discomfort with ceding some level of control over what happens with“our” children and families?

In reality, the public agency with responsibility for the child does not “let
go” when it purchases adoption services. As the guardian for the child, the

public agency retains responsibility – and control – until the child’s adoption

is finalized. Nonetheless, public agency caseworkers may feel that they

are relinquishing control when a
private agency steps in to provide
adoption services. There are several PrActice tiPS for StrenGtheninG
ways that staff from both public and communicAtion
private agencies can together address

anxieties about “control”: • Establish a working relationship
through a phone call before

Through relationships: As noted emailing! Consider referral

earlier, when caseworkers in conferences when services are

being provided to an identifiedpublic and private agencies get child or family

to know one another, they find

others are as competent as they • Continue to support the working
themselves are! As a result, fears relationship through phone calls
associated with losing “control” whenever possible
diminish.

Through clarifying roles: When the roles of the public agency and the
private agency are clearly stated, “control” becomes less of an issue.
The public agency’s role is to ensure that services are provided and
outcomes achieved and that the private agency adheres to relevant
policies and procedures. The private agency’s role is to provide
services and achieve the expected outcomes. Both agencies have, astheir primary responsibility, assessing child safety.

Through clearly stating and demonstrating expected outcomes: When
standards for services and the outcomes to be achieved are clearly
stated, it is easier to demonstrate what is being accomplished.
Through this process, public agency caseworkers can readily see

the benefits to children and families through purchase of service

and how the work of private agencies facilitates their own work!

Through training: Concerns about the use of purchase of service

contracts can be addressed through training opportunities

that provide caseworkers with information on the benefits of

contracting and the contracting process itself.

Through mentoring: Caseworkers “We need to professionalize

struggling with concerns about practice so that we practicethe purchase of adoption within guidelines of what is bestservices can be assisted by for children and families. In that
seasoned supervisors and way, our personal feelings will not

caseworkers with experience in get in the way.”
working with private agencies. Private Agency ProfessionalStaff can share their personal

experiences with purchase of service in general and with specific

agencies. Seasoned caseworkers can also play invaluable roles in

continually reminding staff that finding families for children is

what we are expected to do!

 END POST 15 8-23-08

Through a clear demonstration of competence regarding the dynamics of
child abuse: Public child welfare agency staff often have concerns
about interjurisdictional placements because they will not havefrequent face-to-face contact with the
children. They must rely on others, “They are all our children.
whom they do not personally know, We are one nation. We
to ensure that the child is safe and to must educate our staffs.
identify any type of abuse and neglect. We have to always look at
These contacts also are an occasion for what’s best for kids.”
caseworkers to conduct an ongoing Public Agency Professional
assessment of the child’s needs
and the adoptive family’s ability to meet those needs, includingassisting families in identifying and obtaining the services the child

needs. When public agency staff are confident that private agency

staff have the ability to effectively meet the safety, well being and
permanency needs of children, they are better able to “let go” and
embrace purchase of service.

Q: Virtually every State’s caseworkers express concerns about other States’home studies. Commonly, we hear, “other States’ home studies are
incomplete.” How do we effectively deal with the common perception
among staff that every State’s home studies (that is, other than our own
State’s) are not “up to par”?

Professionals from across the country agree that the “home study issue”
is a common basis for resistance to the purchase of adoption services.
Although many adoption professionals
have supported the development of a “We need to professionalize the uniform home study, efforts to develop
a universal format have met with workforce instead of focusing on

developing ‘better forms.’ Staff

little success, in large part because of who are professionally educated,differing requirements from one State to
another. The newly revised Interstate well trained and supervised

produce work that colleagues

Compact on the Placement of Children can work with. ‘Universal home(ICPC) provides general guidance studies’ are really not the point.”

as to some core components of

“assessments”. It defines “assessment” Private Agency Professional

as “an evaluation of a prospective
placement to determine whether the placement meets the individualizedneeds of the child, including but not limited to the child’s safety andstability, health and well being, and mental, emotional and physical
development.” These broad parameters provide a starting point for
agreement on the fundamental issues that all home studies need to address.

The complaint of “inadequacy” (as applied to the home studies of others!)
can be addressed in several ways. Steps that agencies can take include thefollowing:

P If our State or county receives a home study from another State that
does not appear to meet “our” standards, we can pick up the phone

and ask for the additional information that we need. Given federal
requirements that States give full faith and credit to other States’ home
studies, the time to pick up the phone is now!

P We can put greater emphasis on ensuring that home studies are
prepared and assessed by caseworkers who are educated in social work
practice (such as BSWs or MSWs), are well-trained, understand the
dynamics of child abuse and neglect and that child safety is paramount,
and receive quality supervision. When caseworkers are well prepared
and supported, it is more likely that the content of home studies will be
the point of focus, irrespective of the way in which the information is
formatted or presented.

P Even with an emphasis on social work education for the provision of
adoption services, it is likely that some caseworkers who prepare and
review home studies will not have this preparation. In these cases, itis essential that they receive training about the fundamental issues that
home studies need to address (such as assessing the family’s capacity
to provide a safe environment for the child and making certain that
the family understands the dynamics and effects of child abuse and
neglect), how much is “enough” in a home study, and how personal
feelings or expectations can creep into assessments of families.

P Irrespective of education, training and supervision, some caseworkers
may not represent the family well on paper. We can encourage the use
of family lifebooks and videos to enhance the understanding of thefamily’s story.

Q: Our judges do not like to send our children to other States. How can we
work with them on these issues?
Professionals acknowledge that some judges have great difficulty approving

interjurisdictional adoptions. Nonetheless, professionals agree that there

are opportunities to work with and educate judges about the benefits of

these placements for children and
to alleviate their concerns about “Judges learn from other judges.approving placements of children with
out-of-state families. Some of the key It is important to ally with a

judge who is compassionate andrecommended strategies are: understands child welfare issues.”

• Identify a judge or a group Public Agency Professional
of judges who supportinterjurisdictional placements. Judges who work closely with the State’s
Court Improvement Project may be excellent partners! These judges caninitiate judge-to-judge dialogues about interjurisdictional adoptions andaddress the concerns that other judges may have.
• Provide training to judges on interjurisdictional placements with judges
themselves serving as the trainers.
• In the individual case of a child in which an interjurisdictional adoption

is being recommended, clearly document for the court the work that has

been undertaken to find the “right” family for the child, why another

family in another State may be an excellent resource for the child, and
how the agency that will supervise the placement is trained to and willassure the child’s safety.

• When appropriate, point out to the court the provisions of Federal and
State law that promote the use of interjurisdictional placements.
The Contracting Process

Q: How can we expedite the process for putting a purchase of serviceagreement in place?
There are several ways that contracts for the provision of adoption services
can be solicited. A State may use a Request for Proposal (RFP) or Request for
Tender (RFT), or a State may use a Request for Quotation (RFQ).

Practice tiP:
The contracting process will go more smoothly and more quickly when the
public agency’s contract manager walks everyone through the contract!
The time needed to finalize a purchase of adoption service contract will vary.
Professionals consistently report that a contract is rarely finalized in less than

a month. They point out, however, that the time frame should not

significantly exceed that period of time. To expedite putting a contract into

place, it is important to:

• Evaluate the time required for the ICPC process and identify steps that
can be taken to facilitate this process
• Work with the private agency to obtain early agreement with the
contract terms as provided by the State or county, by, for example,
providing the private agency with the State’s template for a purchase of
service contract that contains all required, non-negotiable language and
requirements (such as the required level of liability insurance)
• Simplify the public agency’s approval process
• Make full use of technology, including fax and email
• Consider whether a new contract needs to be negotiated or the contractcan be renewed and an addendum simply added for each new child for
whom services will be provided
7

Request for Proposal (RFP) or Request for Tender (RFT):
Generally used for contracts of $25,000 or more
Often used when the selection of a provider cannot be made solely on the
basis of lowest price
Used to promote the most cost-effective solution based on specified
evaluation criteria
Request for Quotation (RFQ):
Normally used when services needed are valued at less than $25,000
Bid document kept simple so contract can be quickly awarded
Source: Government Contracting Terminology: http://www findrfp com/
Government_Contracting/Gov_Contract_Term aspx
•
•
•
•
•

Monitoring and Follow Up
General Contract Monitoring

Acritical process in purchase of adoption services contracts is the monitoring
of the private agency’s performance under the contract. As discussed
earlier (see The Purchase of Service Contract), contracts often includeprovisions for monitoring the private agency’s performance and responding to
performance issues. Monitoring and follow up can be facilitated when contractshave certain provisions, such as the following:

• Clearly stated standards, expectations and/or outcomes
• Clear designation of who is responsible for the contract at the public
agency and the private agency
• Requirements regarding reporting on private agency performance and/
or other processes that the public agency may use to monitor the private
agency’s performance (for example, site visits)
• Provisions regarding the steps that will be taken if the private agency
fails to perform acceptably under the contract
• Provisions regarding withholding funds if specific performance
standards are not met

• Provisions for terminating the contract in the event of inadequate
performance
• A time frame for the contract with the possibility of renewal of the
contract
• A clear statement that the public agency retains full authority over the
child and can at any time discontinue the private agency’s involvementin the case
Performance Issues

In most cases, monitoring and follow up on purchase of service contracts is an
easy process. The carefully selected private agency meets its obligations under
the contract, providing services as expected (or even better!) in a timely way and
achieving the desired outcomes. Because private agencies want the “business” andwant to continue providing services under contracts with the public agency, they
are likely to meet, or exceed, performance expectations and provide all information
that the public agency needs.

In some cases, however, performance problems occur. The private agency, for
example, may not provide the agreed-upon services, may not provide reports in a
timely way, or cannot be reached for information. When these situations arise, it iscritical to be able to rely on contract provisions that clearly state how the public and
private agency will proceed if performance is not satisfactory.

A number of steps can be taken to respond to performance problems under a
purchase of service contract. These steps fall along a continuum, from prevention to
conciliatory efforts to address the problem to the most serious step, termination of
the contract. The following illustrate this continuum:

• Preventive activities that may include referral conferences and contract
review meetings
• Direct communication with the private agency program staff regarding
performance expectation issues as they arise
• Mutual discussions and problem-solving regarding performance issues
• Utilization of the chain of command in both the public and private agency toaddress performance issues
• Withholding of funds when performance problems arise (such as failure to
submit required reports)
• Termination of the contract and arranging for another agency to step in and
provide the services.
Follow Up When a Placement is Not Successful

When services are provided across state lines on behalf of an identified child,

there is always the possibility that follow up action will be needed if the adoptive
placement disrupts. Who has the responsibility to respond and what should the
response be?

Again, the contract is key. In the case of services to an identified child, the contract

should clearly state the responsibilities of the public agency and the private agency.

It is also important to consider the respective responsibilities of the “Sending
State” (the child’s State of origin) and the “Receiving State” (where the child is
currently living). These responsibilities will vary depending on the status of the

adoption. If the adoption has not been finalized, the “Sending State” will continue

to be responsible for the child, and, as a
result, will be primarily responsible for “Performance issues in purchase
planning for the child when the placement of service contracts can usually
is not successful. The private agency, be resolved through collegial
however, will have certain responsibilities, relationships. The public agency does
particularly in relation to the practical tasks not need to act like a sheriff.”
that will need to be completed: working Private Agency Professional
with the public agency caseworker in thechild’s State of origin to arrange the date forthe child’s departure from the placement and transportation to the new placement;
working with the family to ensure that the child’s belongings are packed and
ready; preparing the ICPC paperwork; arranging for school and medical records to
be forwarded to the Sending State; preparing the child for the move; assisting the

 0

family to stabilize and grieve the loss; and writing the closing report for the child’s
caseworker in the Sending State.

The Sending State generally will cover the expenses associated with the return of a

child if the adoptive placement is not successful. If the adoption has been finalized,

it is the Receiving State that assumes responsibility for the child. If the adoption

has only recently been finalized, the Sending State and Receiving State may work

together to determine what steps are in the child’s best interest.

Evaluating the Effectiveness of Purchasing Adoption Services

As purchase of service contracts are developed and utilized, much can be learned
about this approach to achieving timely adoption outcomes for children and
families. States may wish to consider gathering information that can assist themin evaluating their purchase of service contracts, reviewing lessons learned, and
incorporating that learning into practice over time. Through this process, the
purchase of adoption services can continually be improved and adoption outcomes
achieved in a more timely way. Appendix D provides a guide for charting the
use of purchase of service contracts over time. It is designed to assist States intheir ongoing efforts to strengthen the adoption services provided to children,
prospective adoptive parents, and adoptive families.

 end post 16 8-24-08 one more to go lol

Conclusion
The purchase of adoption services can be effectively done! This Guide
provides practical information on when to use purchase of service contracts,
what services can be purchased, how to “Purchase of service is a matter oflocate and select private agencies, the funding experience! We must jump in and of adoption services, the key provisions of
these contracts, how to handle some of the key get our feet wet!”
challenges in purchasing adoption services, the Public Agency Professional
monitoring of purchase of service contracts, and evaluating purchase
of service. Through the use of purchase of service contracts, everyone benefits
– public agencies, private agencies, and most importantly, waiting children and
waiting families!

 2

Appendix A. Private Agency
Information Form

Name of Agency: ___________________________________________________
Address: ___________________________________________________________
Telephone: _______________________ Fax: ____________________________
Website Address: ____________________________________________________
Executive Director: __________________________________________________
Telephone: ______________________ Email: _____________________________
Adoption Program Director: __________________________________________
Telephone: _____________________ Email: ____________________________

Licensure and Accreditation

Business Licensing: If the State Requires a Business License, is the Agency
Licensed as a Business? __ Yes __ No __ Not applicable

State(s) of Licensure as a Business: ____________________________
Most Recent Dates(s) of Licensure/License Renewal: ____________
Licensure as an Adoption Agency: Is the Agency Licensed to Provide
Adoption Services? ___ Yes ___ No
State(s) of Licensure as an Adoption Agency: __________________
Most Recent Dates(s) of Licensure/License Renewal: ____________
Accreditation

Accredited for Adoption Services? ___ Yes ___ No
If yes, accrediting body: ____________________________________
Most recent date of accreditation: ____________________________
Agency Experience

Date agency was established: ___
How long has the agency provided adoption services? ___
What types of adoption services are provided?
___ Adoption services for children in foster care
___ Domestic infant adoption
___ International adoption
Please list all adoption services that the agency provides:

Please describe the training that is provided to staff in the dynamics of child
abuse and neglect, the responsibility of staff to place child safety above all other

considerations, and the responsibility to report suspected or verified child abuse or

neglect.

Staffing

Number of adoption staff:
___ MSWs
___ BSWs
___ Other bachelor level staff
___ Other: __________________________
Average number of years of adoption experience:
___ All MSWs
___ All BSWs
___ All other bachelor level staff
Number of adoption supervisors:
___ MSWs
___ Other
Average caseload: ____ Children
____ Families
Service History

Please provide the following regarding adoption services over the most

recent three fiscal years.

FY ___ FY___ FY ___
Total number of children
in foster care served:
Adoptive family
recruitment
Total number of children
in foster care served:
Adoption placement
services
Total number of children
served: Adoption
preparation
Number of home studies
completed
Number of finalized
adoptions

Contracting HistoryCurrent contracts with public child welfare agencies to provide adoption
services:

Public Agency Contact Person Telephone Number Email Address
1
2
3
4

Contracts previously held with public child welfare agencies to provide
adoption services:

Public Agency Contact Person Telephone Number Email Address
1
2
3
4

Financial Status
Date of most recent independent audit: ________________________________
Audit status: _______________________________________________________

References
Please provide two references in addition to individuals listed above.
Preferred references are community partners or colleagues.

Name Telephone Number Email Address

 . _________________________________________________________________
. _________________________________________________________________

Appendix B. A Private Agency’s Resume
The Good Private Adoption Agency
100 Main Street, My Town, USA
Telephone: (212) 555-1000
Fax: (212) 555-1111
January 1, 20xx
Licensure and Accreditation

Licensed to provide adoption services in State A continuously since 1985

Accredited by the Council on Accreditation of Children and Family Services

continuously since 1995

Agency Experience

Founded in 1985 to provide a full range of adoption services, including:

Family Recruitment and Selection

• Child-specific family recruitment
• Work with prospective adoptive families regarding identified children
• Conversion of family from foster family to adoptive family status
Home Studies/Family Profiles

• Adoption home studies
• Adoption home study updates
Coordination of Child and Family Meeting and Planning of Placement

• Participation in matching conferences
• Child specific preparation of family, including reviewing child’s history
with family

• Pre-placement visiting arrangements
• Assisting with transportation for the prospective adoptive parent or the
child during pre-placement visits
• Evaluating the relationships of the child and prospective adoptive
parents during pre-placement visits
• Arranging placement
Post Placement Services

• Supervision of placement
• Counseling services regarding issues related to the adoption
• Referral, as indicated, to other resources
Court Related Services

• Preparation of court reports regarding the placement
• Adoption finalization

StaffingA staff of ten MSWs, the majority of whom have more than three years of
adoption experience

Two MSW level supervisors, each with more than 0 years of adoption
experience
An executive director who has led the agency for the past twelve years

Scope of Services

Provide child specific family recruitment services for more than 30 children

each year

Conduct more than 50 home studies/family profiles each year

Coordinate placement services for more than 60 children each year

Maintain caseloads of 0 to children per caseworkers in compliance with
the Child Welfare League of America Adoption Standards
Support the finalization of adoptions for more than 30 children and families

each year

Organizational Strengths

Well established agency with strong presence in the community

History of contracting with public agencies in State A for more than 15 years

History of contracting with public agencies in other states to provide
interjurisdictional adoption services for more than years
Organizational commitment to outcome evaluation with positive outcomes
consistently reported on quality and timeliness of services
Training for all staff biannually as mandatory reporters of child abuse and
neglect.
Strong financial standing with positive audit reports

Regular consumer satisfaction surveys that reveal strong satisfaction with
service provided
References
Ms. Sally Smith, Adoption Manager, State Department of Social Services,
State A

Mr. John Doe, Director, Pleasant County Department of Social Services,
State B
Ms. Susie Jones, Adoption Supervisor, Placid County Department of Social
Services, State C 7
Appendix C. Private Resources for Families
There are non-governmental sources that families can approach to assist them with
interjurisdictional adoptions. These include:

AdoptAir

Adopt Air is an Adoption Exchange Association (AEA) program offered
in collaboration with Mercy Medical Airlift. It gives Adoption Exchanges
and placement agencies that are members of AEA the ability to arrange

for children to fly up to 1,000 miles from their place of departure to attend

adoption parties, to be videotaped for TV recruitment, and to travel to meet
prospective parents. It also provides travel for prospective adoptive families
to the child’s state of residence for meetings and visits. (http://www.
adoptea.org/html/adopt_air.html)

MileDonor.com

MileDonor.com is a non-profit group that facilitates the donation of miles,

points, and awards for personal and charitable use worldwide. It provides
an opportunity for donors, charities, frequent traveler programs, and
individuals seeking donations to exchange information. (www.miledonor.
com)

Corporate Donors

There are corporations that have programs in place to assist adoptive
families, although the resources available for this purpose tend to be
limited. The Gift of Adoption Fund in Port Washington, Wisconsin, for

example, was founded in 1996, and has distributed over $575,000 incash grants. The fund awards about five grants per month, averaging
$3,500 each. (http://www.bethany.org/A55798/bethanyWWW.nsf/0/
0A77F7F9677E3FE485256DA60054594C)

Appendix D. Evaluating the Purchase
of Adoption Services (POS): Tracking
Outcomes Over Time

States may wish to use – or adapt – this form to track their use of purchase of
service agreements and the outcomes achieved over time. This information can
provide a State with an understanding of its use of purchase of service contracts
and how it might continue to strengthen its practice in this area.

FY ___ FY ___ FY___ FY ___ FY ___
# of POS adoption contracts
Total # of private agencies with
adoption contracts
# of children served through POS
# of children with high/exceptional
needs served through POS
% of total children with adoption
as a goal served through POS
# families served through POS
# children placed with interstate
adoptive families through POS
# of interstate adoptions finalized
through POS
Average time from TPR to interstate
adoption finalization for children
with POS
Average time from referral to POS
to interstate adoption finalization
% of interstate adoptive
placements through POS that
disrupted
% of interstate finalized adoptions
through POS that dissolved

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Is that you Sir

“This likeable, friendly and endearing young man is Mark! He is very helpful and enjoys cooking and doing laundry. Mark also takes pride in his appearance, so he likes to dress well.”

This is a description of the featured child, on a adoption site.  CPS works directly with this agency, to get children adopted.   I am sure every 15 year old boy’s favorite thing to do is “cook, clean and dress up”!  Sounds more like their are advertising the child, right on the internet picture and all, to attract a lazy (dishes and laundry) demented sex offender (dress up) to addopt this child.

I found this site from a PDF I found looking for adoption help.  Notice the title!  It is not loving and caring no!

You want to look for yourself how children are being sold on the internet. Here are the addresses:

http://adoptuskids.org/
 
http://www.adoptuskids.org/images/resourceCenter/dollarsAndSense.pdf

I am being carried

One night a man had a dream. He dreamed
he was walking along the beach with the LORD.

Across the sky flashed scenes from his life.
For each scene he noticed two sets of
footprints in the sand: one belonging
to him, and the other to the LORD.

When the last scene of his life flashed before him,
he looked back at the footprints in the sand.

He noticed that many times along the path of
his life there was only one set of footprints.

He also noticed that it happened at the very
lowest and saddest times in his life.

This really bothered him and he
questioned the LORD about it:

“LORD, you said that once I decided to follow
you, you’d walk with me all the way.
But I have noticed that during the most
troublesome times in my life,
there is only one set of footprints.
I don’t understand why when
I needed you most you would leave me.”

The LORD replied:

“My son, my precious child,
I love you and I would never leave you.
During your times of trial and suffering,
when you see only one set of footprints,
it was then that I carried you.”

Wow 9/11/08 lets take a moment and pray for all that were lost

I truly believe they are selling these children.  Why else would a cps working state the reason she is taking a child from a home RCW 13.34.030.  That RCW code is just the defenitions of the terms use in the chapter.
 
Also, she had proir knowledge that the baby was not only living with her father, but also with her grandparents.  The grandparents were already CPS approved and leaving her there with grandparents she has lived with since birth would be far less tramutizing for the child.  Cps is suppose to look out for the best interest of the child.  The alagations were against the father.  Basically, all they said is that he was unavailable to care for the baby. 
 
I don’t think it is unsual for a father to leave his daughter with her grandparents.  I don’t show that as any kind of abuse of neglect.
 
here are few laws cps must follow by state law and to be elidgable for federal funding.  If cps doen’t follow these laws they are fraudgantly getting federal funding.  In our case cps did not follow even one of the laws required for federal funding.
 
RCW 13.34.060
Shelter care — Placement — Custody — Duties of parties. 

(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility.

     (2) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must find that such placement is in the best interests of the child. The person must be willing to facilitate the child’s visitation with siblings, if such visitation is part of the supervising agency’s plan or is ordered by the court. If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.

     (3) Whenever a child is taken into custody pursuant to this section, the supervising agency may authorize evaluations of the child’s physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care.

They not only did not try to keep her in her with grandparents already cps approve, they left all that out when getting the warrent, so the judge saw no other options, but foster care.  you can also see the different RCW codes for removing a child was not the one she used which wasn’t a reason at all just definitions of the chapter.

The only reasonable explaintion for a cps working to take a child from a home that is cps approved, not give a reason for removing the child, ommitting very pertinent information of how the child was living with who, and all the doctors, nurses, etc, that were not connected with cps, giving the child a clean bill of health.  The only people that even thought there was anything wrong with the baby was cps, and they are not doctors.
 
Back to the only resonable explaintion a fair minded person could come to is the cps worker is getting some kind of personal gain from tramatizing this baby.
 
My brother suprised them, he would not sign cps’s papers, so instead of going in front of a commisioner, the case was continued and went in front of  a superior court judge.
 
Who immediatly returned the child back with her grandparents are two week of unbearable worry for the baby.  And the child having to live out her greatest fear in life, being forcabley taken from her family and put with strangers. 
 
That’s why there are so many laws cps is suppose to follow to do everything possible to keep the child in the home.  Because even severly abused child are far more tramatized by the seperation from their family, than what ever abuse may be occuring in the home.
 
Why would a women who’s job it is to protect children, do something she knows hurts the child far more than most abuse from any parent, but if she did think my brother was abbanding her.  Which I don’t feel leaving her with her grandparents is abbanding her.  There is a law covering this also which must be done to be elidgable for federal funds and is a state law:
A.            Through an expression of intent, the Legislature, recognizing that a child’s removal from his/her home is often traumatic to the child, efforts should be made to arrange for the alleged offender, rather than the child, to leave the home if the child can be protected from further abuse while remaining in the home. If necessary, a restraining order to prevent further contact between the alleged offender and the child shall be pursued. RCW 26.44.063

So how can this women possible say she was looking out for the best interest of the child.  That is her job, but did not do one thing in the best interest of the child.  But did the worst thing by removing her from her loving home and putting her with strangers.

When it went in front of the superior judge.  The child was returned.  The judge told cps the over stepped their bounds, and did nothing to prevent the child from being removed from her home.  Which is the most important thing to do for the childs well being.

So the only motive I see for this cps worker to break all laws, not look out in the best interest of the child, is that these foster parents wanted to adopt a child.  It is very diffucult and lenghthy process, unless your a foster parent.  Which cps classifies foster parents as relatives.

For cps to go to such extremes to put this baby in foster care and take her from a good loving home, to me would be the foster parents are paying cps to put children foster parents care, so they can adopt.  And the cps worker is paid by the foster parents for doing this. 

Can you come up with one other possible solutions of why cps would do everything wrong for the child, just to have the child placed in foster care.  Including perjery, braking many laws, obtaining federal funding by not following the laws, but claiming they did once the child is in foster care.  Even though the child was unlawfully put in foster care.

I know she did not do one legal, moral, and worst did everything cps did everything contrary to law and showed no compasion for the child or the family.

If she is not selling the children, then she is some mean, sicopath, that is rewarded by seeing family and child destroyed by her authority.  Either way it has to be stopped. 

I don’t see how this can be happening in an agency that is responsible for helpless human lives.

You may not think it’s trafficing, but from all the reseach I’ve done, it seems like that is what cps is doing, taking children from their homes and selling them to other people who will do or pay anything to be able to adopt a child.

This case is happening in Quilcene, WA Jefferson County.  I already know better than to try and fight cps, expecially with no funds.  You’d have a better chance of getting your kids by taking them and running, because you can not fight them, or for that matter you can not fight Jefferson County at all.  They have their own laws and if you make trouble you will end up going to prision some how.  They will make it look like your guilty of something, but they will be gathering all the evidence to make you guilty no matter what you do.

So if you can’t help, I  surely can’t turn to any local agency.  The towns are just to small and all the authority work together, so they can all do what they want.

If you or you know of some agency, not local, that has any compasion for these inocent children, please help.  I don’t have the money, but I am spending every spare moment on this cause.  Anybody that looks into what cps does, would have to be so broken hearted, you would think someone somewhere with some kind of clout or at least money to hire some lawyers to put a stop to this Human Trafficking of defensless hu

 
On Mon, Jul 28, 2008 at 9:29 AM, National Human Trafficking Resource Center <NHTRC@polarisproject.org> wrote:

To Whom it May Concern,

I am saddened to hear about your situation. It sounds like you and your
entire family are experiencing great pain because of the removal of the
baby.

I would like to refer you to legal and advocacy organizations that may be
able to help you. If you could give me your city and state, I could search
our database of people who would be willing to help you through this serious
situation.

Our organization deals solely with issues relating to trafficking, and while
I believe that CPS may have overstepped their boundaries, violated codes,
and possibly much worse, you do not have any substantial evidence to support
your claim of trafficking.

Below are organizations that serve clients nationwide dealing with domestic
issues such as yours.

MESA: Men’s Educational Support Association
An organization whose main objective is to help families, fathers and
children caught in the turmoil of domestic crisis.  We are a group of Men
and Women in the community whose aims are to make available the emotional
resources and legal referrals men require during a family breakdown.
Children’s Rights Council
http://www.gocrc.com/

Dads Against Discrimination – DADS
DADS’ purpose is to off-set the existing anti-male gender bias in our public
social service funding, and expenditures by providing an opportunity of a
tax deduction for your contributions supporting the services that we offer
FATHERS.
http://www.dadsusa.com/

The Georgia Fatherhood Program
Georgia is helping more low-income fathers than any other state in the
country. Since the program was started in 1997, the Georgia Fatherhood
Services Network has provided services to over 11,000 non-custodial parents
statewide. Georgia recognized early on that many non-custodial parents
wanted to pay their court ordered child support, but lacked the economic
capacity to do so. DHR’s Office of Child Support Enforcement (OCSE) has
partnered with a other government and community agencies to develop a
comprehensive network of services targeting this group.
To obtain further information, contact your local Office of Child Support
Enforcement, call 1-888-4FATHER or email us at Fatherhood
CSE@dhr.state.ga.us.
American Coalition for Fathers and Children
1718 M. St. NW #187
Washington, DC 20036
Telephone: 800 978-3237
Facsimile:   703 442-5313
Email: info@acfc.org
Internet: http://www.acfc.org

Sincerely,
Polaris Project Staff

—–Original Message—–
From: cpsfraud@gmail.com [mailto:cpsfraud@gmail.com]
Sent: Saturday, July 26, 2008 9:23 PM
To: NHTRC@PolarisProject.org
Subject: Human Trafficking Inquiry

Category: Victim Services
Inquiry: A dshs, child protective service worker came to my parent’s house
and took my brother’s baby.  Procurement of an order to seize a child
through distortion, misrepresentation, and/or omission in court and is a
violation of the fourth amendment.  Malik v. Arapahoe Cty. Dept. of Social
Services.  (10th Cir. 1991)

That is exactly what the cps worker did.  She either failed to fully
investigate intentionally or recklessly, withheld potentially exculpatory
information from the court.

State and Federal laws state “every effort must be made to keep the child in
the home (RCW 74.14A.020., RCW 26.44.063,RCW 13.34.060,Finding — 1999 c 17:
“The legislature has found that any intervention into the life of a child is
also an intervention in the life of the parent, guardian, or legal
custodian, and that the bond between child and parent is a critical element
of child development. The legislature now also finds that children who
cannot be with their parents, guardians, or legal custodians are best cared
for, whenever possible and appropriate by family members with whom they have
a relationship. This is particularly important when a child cannot be in the
care of a parent, guardian, or legal custodian as a result of a court
intervention.”  [1999 c 17 ? 1.]
WAC 388-15-037, RCW 26.44.063, RCW 74.04.050, RCW 13.34.020, RCW 74.13.031,
RCW 26.44.030, 42 U.S.C. ? 671 (a) (15) and 672 (a) (1) -That is not all the
laws she broke, and there are plenty of case laws to back this up.

As shown above RCW 13.34.00 finding; The government cps worker not only did
nothing to prevent removal of the child from her home, she intentionally
took her from her home.  My brother had left his daughter in my parents/his
parents/baby’s grandparent’s care, where both the baby and my brother had
lived since the baby was born.  She cps worker had prior knowledge that the
grandparent were, cps approved, bonded with the child, yet still traumatize
the baby and put her in a foster home.  The trauma caused by this cps worker
is unforgivable, and that it disruptions in the
parent-child/grandparent-child relationship provokes fear and anxiety in a
child and diminish her sense of stability and self.  At first, the child is
very anxious and protests vigorously and angrily.  Then she falls into a
sense of despair, though still hyper vigilant, looking, waiting, and hoping
for her return.  A child’s sense of time factors into the extent to which a
separation affects her emotional well-being.  Thus, for younger children
whose sense of time is less keenly developed, short periods of parental
absence seem much longer.  “Taking a child whose greatest fear is separation
from her family and in the name of ‘protecting’ that child by forcing on
them, what is in effect their worst nightmare, is tantamount to poring salt
on an open wound”.  Another serious implication of removal is that it
introduces children to the foster care system, which can be much more
dangerous and debilitating than the home situation.  Foster homes are rarely
screened for the presence of violence and that the incidence of abuse and
child fatality in foster homes is double that in the general population.

This child was born addicted to drugs.  Which had nothing to do with my
brother?  She was taken to PICC center.  A hospital that specializes in
getting newborns off drugs.  They were very pleased with my brother’s care,
concern, and attentiveness.  So much so, they wrote a letter stating how my
brother did everything perfectly to help this child through this difficult
time.  They said she was “one of the well-adjusted PICC graduates that he
had seen in a very long time.

CPS was told my brother that she would be going through the worst part of
the withdrawal and that she was not developing properly.  The baby was
promptly taken to her pediatrician, who gave her a clean bill of health.  He
took her back to the PICC hospital, who ensured him she was medically
normal, healthy infant that had out grown the effects of the drugs.

She was so healthy the PICC center used her picture and story for their
funding flyer.  Then later came to her home and made a video of my brother
and her for another funding project.

CPS is supposed to protect children.  This woman did not care about the best
interest of the child.  Did you know that of the millions of people in
prisons, 70% of them were foster kids.  What ever her motive was, she
traumatized this baby, and it should be stopped before more children grow up
and go to prison.  It is estimated that it cost $200,000 a year to keep
inmates in prison.

She has clearly violated the 1st amendment (Doe v. Irwin US. D.C. of
Michigan 1985,
 Elrod v. Burns 96 S. Ct. 1976,

She also violated 4th, 5th, 9th, and 14th amendments (324 A 2d 90; supra 129
nj Super at 489, 369 NW 2d 889, MI App Div 1983, Reynold v. Baby Fold, Inc.,
Santosky V. Kramer 102 S. Ct. 1388 1982, Chrissy v. Department of Public
Welfare 5th Cir. 1991, Malik v Arapahoe Cty Department of Social Services
10th Cir 1999) I could go on and on.

My parents and my brother to afraid to complain to anyone fear cps will make
up lies and take the baby again.  They only let my brother see his child
once a week for an hour, and it is supervised by cps.  It will not let him
see more until at least the fact-finding hearing.  They do nothing to
protect the child and parent bonding which is a critical element of child
development.

Not only are they trying to hurt the child and her dad, but they are trying
to bring me into their the case, by telling the foster parents, my brother,
my parents, the mother of the child and the baby’s lawyer that I had, had
one or two kids taken away from me in the past.  First, I think do not think
that would be public information, second it has nothing to do with my
brother’s case with them, and lastly it shows how much they really care
about children.  They reference them like mud pies, with no concern “one or
two”.  I would think people that had a job caring for children, would not
reference them in such a casual way.  It is not important to them; they are
not talking as if they are not human, but more like mud pies “One or two”.
That does not show any concern about children to me.  Maybe you could ask
them how many other foster children are in the home with my child?  Would
they reply, “Oh, one or two, it depends on how many sold; I mean were
adopted this week”.

I have not researched this yet.  I am quite sure that is not public
information for cps to give to any information they may, or may not, have
about me.  I am not being investigated and do not live with my parents, this
information would have nothing to do with investigating my brothers case.
It seems she is getting desperate and is trying to dig up anything on
anybody with no regard for privacy laws, or any law for that matter.

 The mother has two other children that have been taken from her.  She has
some serious medical problems.  Although the mother has given up all her
parental rights to the baby in hope, the father could keep the child and cps
would go away.  The cps worker is sending my brother copies of the files cps
has on the baby’s brother and sister.  I have no idea what this information
has to do with this case, but I am sure she should not give out that
information.  That information contain protected information about
juveniles, and she give out files like candy on Halloween.  This woman seems
a little unstable.  She just goes around lying in court, taking children,
giving out protected information, and god only knows what else she has up
her sleeve.

I am sure she is breaking state and federal laws.  By breaking these laws,
cps unlawfully receives funding from the federal government.  To be eligible
for the federal money cps must comply with the rules…  SERVICES TO
FAMILIES IN CRISIS – AS MANDATED BY 42 U.S.C. ? 671 (a) (15) and 672 (a) (1)
- an agency cannot be reimbursed for the cost of a child’s out-of-home care
unless the reasonable efforts requirement is met.  By doing everything
possible to keep children in their homes, and keep complete records of what
has been tried, what services have been offered
 One of the first rules is that the cps must do to receive federal funding,
is to do everything possible to keep children in their homes, and keep
records of what has been tried, what services have been offered  That
includes having the parent leave the home first (.RCW 26.44.063).

Cps having prior knowledge of the baby’s living situation could have used
this option,   saving everyone a lot of worry and heartache.  Cps also knew
the baby’s grandparents had been approve by cps.  They were “CPS approved”
and already had background checks.  If cps were looking out for the best
interest of the child, she would have never taken the child, from her
grandparents.  The child had already bonded with them, loved, and trusted
them.  I cannot imagine what reasoning she used putting the baby in foster
care, and taking her from a loving home.

Another state and federal law is if the child cannot stay in her home, they
must try to find a relative to take the child, before putting the baby into
foster care.  She did not call one relative.  By not telling the truth, it
helped her get the warrant and money from the federal government.  Which in
turn, help her with what ever she was planning, and what gain she would be
getting by traumatizing a whole family?

All information is supposed to be presented to the judge.  It is suppose to
be written out in detail what she did to keep the baby in the home and the
relatives she contacted.  She did not do one thing to prevent this baby from
being put into foster care; in fact, she made sure the baby was put in
foster care…  In my opinion, she had some other motive for taking the baby
and putting her in foster care.  It sure was not in the best interest of the
child.

She is lying to get federal money by not following the above rules.  That
cannot be legal.  She is hurting innocent children, and I cannot see where
she even makes reasonable decisions; she brakes the law, over uses her
authority and takes innocent peoples constitutional rights.  This does not
seem like a person or maybe a whole agency that should be looking out for
the care of humans that are defenseless and she refers about as if they were
mud pies.

I believe this must be stopped immediately.  I would go as far to think she
is selling these children to people.  She sure had no reason to remove the
baby from her home, no matter what she thought my brother might have done.
We are very lucky that my brother had some prior experience with cps;
otherwise, he would have done what he did when the child was born.  What cps
tries and make you do, sign a dependency, and your court appointed attorney
agrees with them and doesn’t even inform you what you are doing or what
other options you have.  He knew    better this time, but cps tried and
pushing him, and having the dependency hearing the same day as the shelter
hearing without council.  She feels she has all the power she needs, after
all what greater power could you have over a person, but taking you kids.

As far as I can tell the govern themselves.  If you want to file a
complaint, you have to start with filing a complaint with the cps worker’s
immediate supervisor.  If you do not like the results you get from that
supervisor, you can go up one more.  Although, I have different offices
several times and both supervisors that work in the office are on vacation,
out of the office either that week, or some other lame excuse.  Therefore, I
call the regional office, but they are sure what I can do, but they have
document called a “tort”, and they will email it to me.  It seems they can
do pretty much whatever they want to you and your family.  By the time, you
could file a complaint they would have probably already auctioned off your
kids, and say, they have not been with you so long they are not going to
give them back.

I have heard horror stories about fighting cps.  If is not something they do
to you, they get your family’s kid or even your lawyers kids.  They usually
target low-income people that do not know their rights, and cannot afford to
hire a lawyer.  They do not know any better and think they have to sign this
dependency or cps will keep their kids.  I have first hand experience with
this it is not just something I made up.  I know they do this and set you up
to fail.  They make you go to so many classes and pay child support.  If you
have go to everything, they want to, they will not let see your kids.  The
schedule is almost impossible.  If employers are not willing to work around
your schedule you either cannot work or go to all the classes.  If you do
not do everything they say, they keep your kids.  If you do not work, you
cannot pay your child support and they have your driver’s license taken
away, and then you do have the money to go to the classes.  With out working
you cannot pay your child support, so they suspend your license.  With out a
license you cannot drive to your classes.  If you drive, anyway, you end up
in jail and they still keep your kids.

They do all this by making you believe they have a right to tell you what a
terrible parent you are, all because maybe a neighbor or an x-spouse is
angry with you and will do anything to make sure your life is a living hell,
including lying to cps. Your so finically strapped you cannot fight back and
don’t even know you could have.  When 40% of children in foster care could
go home right now, if they had the resources for affordable housing and day
care.  Instead of helping the family stay together, they give middle-income
people the money to take your children.  They even give adoptive parent
money, health insurance and whatever they think they need and cps a bonus
for getting the child adopted.  However, do not help the families stay
together, and the federal government only gives cps funding for foster care
and adoption.

A huge number of the children grow up and end up in prison costing taxpayer
$200,000 a year.  The parent turns to drugs and alcohol to relieve some of
the pain.  Or they get so depressed they suicidal tendency, they hurt so bad
they have mental problems so deep seeded and never recover.  They end
homeless, in jails or institutions.  Did you know that the bible thumpers
abuse their children more often and more severely than the drug addicts, but
less likely to be investigated?

Luckily, this time my brother knew cps does not act in the child’s best
interest.  My parents and he are financially devastated from their last
ordeal with cps.  He had not even done anything wrong, but was bull dogged
into believing what they said.  This time he did not sign anything and asked
for a lawyer.  It was hard because he would have to wait two more weeks
before there was even a chance to get his baby back and out of danger.  No
matter what you do, the family is always the ones that have all the pain,
and it’s just another mud pie to cps, but they are going to make sure that’s
all you have is mud pie and a broken heart.

I researched everything in the dependency papers as good as I could.  I am
not a lawyer or even close.  He gave everything I had to his lawyer and
lucky the judge agreed the cps worker had defiantly over stepped her bounds,
and the baby was finally returned to my parents, pending the next hearing.

They just keep trying to break you.  My brother can only see his daughter
once a week for an hour in a little room, being supervised by cps.  Can you
imagine what a baby would go through, she is only 14 months old only seeing
her dad who has been with her almost day and night from birth, to only
seeing him for an hour, and being taken away again.  I see absolutely no
reason he could not have more liberal visitation, with my parents
supervising.  CPS just continues to traumatize the baby, and will continue
unless he gives custody to the state.  How can one hour a week be good for
the father or the baby?  The baby surely does not understand why her dad
keeps abandon her, but cps makes sure to make it as hard on the family as
they can.

I could not imagine what would happen if he sign a dependency.  He does not
have any money anymore and I truly believe he would never get her back.
This is just my opinion, but I truly believe that they have a buyer for his
baby and that is why they are doing nothing to reunite the family and
everything to destroy them.  In addition, there are no matching federal
funds for cps if they reunite the family.

I could not find any place other than the FBI here to file a complaint of
any kind about cps. Hopefully because of all the constitutional rights that
were broken they will help stop this awful problem.  The only other place to
file a complaint is the same office that is causing all this grief to start
with.  The government agency lies to get federal money, deceives judges to
get warrants, and kidnaps children.

I do not expect that you will respond to this, but if you cannot investigate
these things, could you please at least tell me whom I could get in touch
with that would investigate without letting them know who is involved.  My
parent, brother, and I too, are so worried, scared, and live in fear every
day that they might just come here and take her again.

This needs to be stopped.  It has taken such a toll on our whole family,
none of us will ever be the same, and government should not be allowed to
ruin families, and do who knows what to they do to the children they take.

I am begging you please help us or tell us who can.

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