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California Adoption -- Why Is It So Hard to Adopt From Foster Care?

Posted: 05/25/11 12:27 PM ET

Son in bathtub -- "Daddy look at me, I'm a chocolate milkshake with whipped cream (suds) on top, do you want to put a straw in me and drink me up!?!? " TEARS OF LAUGHTER!!!! :-)

That was a recent Facebook post by James Higgins, child advocate, adoptive father of two young children, and stay-at-home dad, or as he describes it, "The President and CEO of Chocolaty Niblets, Inc."

Clearly, the man enjoys fatherhood.

When James and his wife Stephanie, an attorney and bank compliance officer, decided in early 2009 to adopt a daughter through foster care, he assumed it would be pretty easy. After all, there are 68,000 children in foster care in California. Over a quarter of these children are African American, four times their proportion of the general population. James worked at a San Diego nonprofit that trains Court Appointed Special Advocates (CASAs) to protect the best interests of foster children. James assumed that as a two-parent black family, a child advocate and an attorney, a couple who had already became parents to a son through a private adoption, California's child welfare system would welcome them with open arms.

James was wrong.

The entire process, from application to finalization took almost two years. The problem was not the private agency they worked with. James raves about how responsive they were. For James and Stephanie, their experience with California's public agencies is where the adoption process became a story of frustration, unreturned calls, and irrational bureaucracy. It took over a year before they were even considered for a waiting child. Their struggle presents a case study in the obstacles that face anyone trying to adopt a child from a public agency in California:

California's budget crisis -- As a result of the huge shortfall in California's budget, the state cut $121 million from child welfare services, including $80 million for county child welfare services. Phone calls to county adoption offices that used to take weeks to be returned were not returned at all.

Difficulty in adopting across county lines -- California is one of about 10 states that have a state-supervised, and county-administered approach to foster care. Each one of California's 58 counties is largely self-contained. In a county-administered system, each county's goal is to find families interested in adopting their kids. The same dynamic that makes interstate adoption rare also serves to discourage adoptions across county lines. In this system, it is rational behavior for San Diego County to keep a family (such as James') waiting for two years rather than adopting a child from neighboring Orange County tomorrow.

California is not actively recruiting families for children -- According to the North American Council on Adoptable Children, there are 20,832 foster children in California waiting to be adopted. Go to the website that lists California's children in foster care who are available for adoption. Click on "Find a Child" and you will discover that there are only 216 children in the entire state of California currently listed on the state's directory of waiting children. 216.

I'll do the math for you. 20,832 waiting children divided by 216 children listed means that for every child listed in the directory, there are 95 children who need permanent, loving adoptive families and are not listed. Is it any wonder that in 2007, over 5,000 children in California "aged out" of foster care without a permanent, legal family.

How would James and his wife even find out about any of these children who are not listed?

But James is a ferocious advocate. He made call after call, argued, cajoled, and held the system accountable. In January of this year, James and Stephanie finalized the adoption of a beautiful little girl that James describes as "a pure blessing to our family." The only reason James and Stephanie were able to adopt is that they went through a private agency, one with a state license and a handful of offices throughout California. Had they gone to their county program they would have been limited to San Diego County and still be waiting.

Many parents trying to adopt children from foster care wait far longer than James and Stephanie did. In the greater scheme of things, the two years it took is not a long time.

Unless, of course, you are a hurt child waiting for a loving family.

 

Follow Jeff Katz on Twitter: www.twitter.com/JeffKAdoption

 
 
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HUFFPOST SUPER USER
EndTheEcho
12:32 PM on 06/03/2011
It is interesting that this post and the one highlighting the problems in interstate adoption featured African American prospective adoptive parents. Any work on the barriers that prospective adoptive parents of color face unique to them?
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HUFFPOST BLOGGER
Jeff Katz
08:26 PM on 06/05/2011
I think I used families of color in both instances to highlight the problem. The system is designed to find families for children, not children for families. In that sense, I think the system is biased in FAVOR of black and minority families. Given the overrepresentation of black children in foster care, it would seem that a qualified two-parent black family should sail through the system. Highlighting the barriers that an attractive two parent black family runs into is a way of showing the problems that ALL families face.
02:44 AM on 05/28/2011
I live in San Diego County, so this is not good news to me. My husband and I are waiting for our home study to be completed. It was supposed to be done weeks ago. We would like to adopt one or two children (siblings).
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We don't mind waiting so much but it's hard not having any sort of time frame. We visited my elderly father in April and have basically cleared our calenders in anticipation of a placement in the next few months. Once a child is placed with you, you need a court order to leave the COUNTY. This means we can't visit my either mine or my husband's family without a court order for 2 years or so. It's ridiculous, but we'll do it because it's the law and because we want to adopt. It's also hard to prepare my three-year-old for a sibling when we have no way of knowing when a child might be placed with us.

We've been through interviews and background checks,training etc. -- all of which we're happy to do. But if the need is so great, why not move things along a bit faster? Children should be with their parents as soon as is reasonable. The more a child is moved around, the more problems they have adjusting and bonding. We can't wait to meet our new child(ren) and start living our lives as a family.

Congrats to James and family!! Thanks for sharing your story.
12:05 PM on 05/28/2011
Oddly enough so do we :-) I am sorry to hear some of the issues you are having which is one the reasons we didn't go through the county program, BUT a bit of "good news" is that depending on the child that is placed with you, you CAN leave the county just as long as you have that court order which "shouldn't" be that hard to obtain and you shouldn't have to wait 2 years to go somewhere. All we did was give our agency enough notice and we were fine, as a matter of fact we didn't even need one for short trips like 3-4 days and we went OUT of the state. If you haven't done so, ask your social worker about this. Even though I have a feeling that they will come back with a bunch of nonsense rules, etc... but it can't hurt to ask. We were licensed by the State just like you so what was good for us should be good for you?

GOOD LUCK and KEEP THE FAITH :-)
James
12:41 PM on 05/28/2011
Thanks! We're still very excited and mostly pleased with the process so far. I just hadn't heard there were major wait time issues in San Diego County. As far as the traveling goes, it's good to know that it's not a big deal to get a court order. But still, we don't want to make any major plans until our child is with us, which is not a huge deal, but still something that most people don't think about beforehand. So far we've been pleased with the training and the social workers. Other than the delay in finishing our home study, we haven't had any major complaints about the process.

It is unfortunate that neighboring counties don't communicate with each other when there are waiting children. And that's the issue I'm glad Jeff Katz brought up -- that children are waiting for permanent families -- and we're here waiting for them. Now can they find a way to move it along a bit?
11:04 PM on 05/26/2011
As the father in Mr. Katz article I hope folks don't get confused on a few things. First off, my family is WELL aware that waiting two years from start to finish is not "that" much time to wait for us, but what about a child? Not to mention that we are an "exception" to the rule because a VAST number of families wait for years to get placed, let alone finalize. Some wait so long that they eventually give up the process. Think about that, people see the commercials on tv for all the children in foster care and end up giving up because they have done all that was asked of them, but 3-4 years into the process they are STILL waiting.

Of the 68,000 children waiting In the state of California there are 50,000 who are ready and waiting to be adopted TODAY! There is no rationale to keep a vetted, checked, and credentialed family waiting more than a couple of months to get matched. Training, home study, etc...can easily be completed in 3-4 months. At that time families should be presented with binder upon binder of children to choose from. Once matched, yes they have a mandatory 6 month wait where they are still being visited by the State, but by then the child is in the home and just waiting for finalization. If done properly this entire process SHOULD take less than a year, not 4 years which is the norm.
01:30 AM on 05/27/2011
Thanks for the reply. Also congrats to your family too. If a problem is within the county one resides in, then yes changes must be made, but to me it does make sense that counties want to place their 'own' kids in their 'own' homes before looking into other counties. This is especially true with older children as they also get a voice in whether or not they want to leave their area or wait for a home in their area.
As I stated earlier, I went through my county and I have nothing but praises to sing about them and the workers I interacted with. I was matched twice before my daughter, they just didn't end up working out. Of course I never knew what kids I was being matched with...the matching team did that sight unseen. The thing is, just because one submits for a child (looking at binders scenario) doesn't mean it's the best match. Also when one goes through an agency, (in Ca) you're also dealing with submitting for kids that maybe the respective counties still want to find a home within the county....maybe that needs change? In my Pride class the people that were homestudied right away (including myself) were the people that turned in everything asked and all homework.
Of course the system is broken....it is a system, but compared to other states, I find that california does a pretty good job even if not perfect. (thanks for the dialogue)
01:47 PM on 05/26/2011
alright seriously? application to finalization 2 years is a long time? um no. First off the application, plus PRIDE classes, plus homestudy plus foster license (CA usually is one of those states where the courts don't like to make legal orphans so most children come into your home as available for adoption but still need one more court date for the termination of parental rights so one is still a foster parent before finalization) can take up to 9 months before you are ready. Then they need to match you. THEN if it's a good match a child is placed. THEN you have to have your child in your home at least 6 months before finalization happens. So if you take 9 months and then 6 months that's already 15 months....the rest is a matching team making sure that the child would be in a good place in your home, better yet, that your home is appropriate for a specific child with specific needs (all foster children will have some needs and some attachment issues)

from orientation meeting to finalization took around 2 years for myself as well. But I had my daughter in my home for at least a year....so it was pretty fast. Fast and easy isn't the way to go sometimes.

Oh and I went through the county I reside in and had phone calls returned. Sometimes it's just lousy workers
08:57 PM on 05/26/2011
Congrats to you on your adoption and that it seems to have taken the same amount of time it took my family! :-) As I have mentioned OFTEN, we are the exception to the rule and I hope people do not get it confused. As I mentioned in a reply to a previous post, of the 15 or so families I know of who started training prior to us, not a single one has been matched, and a handful of them still have not had their homestudy completed.

This is not about my family, or your family, but rather the children who will end up emancipating at age 18 because they never got adopted. The system much change in California. If nothing else, make it easier for a family in San Diego to adopt child in LA County. If you are trained and have a STATE license, it shouldn't matter what county you reside.
12:08 PM on 05/26/2011
This problem is not limited to California. The county rule is an impediment to foster care adoption in many states. But in the end, is two years really all that awful? It takes nearly a year to create a child in the first place. I prefer the state acting with all caution and not hurrying through the process. I only hope that the time is being taken to do careful background checks on candidates! Children deserve parents who not just WANT them but who DESERVE to have them...parents with no criminal background, and no mental illness or addictions, etc. It is INSANE to learn of children placed through their state with parents who abuse them!

The latest of these outrageous, grievous examples is Jeremiah Lovato of Colorado Springs. This foster to adopt case yielded a 119 year sentence for abuse!! http://www.gazette.com/articles/colorado-117329-abusing-lovato.html And it is just the LATEST!

Let them take their time to properly VET prospective parents! No child deserves less.

Mirah Riben, THE STORK MARKET: America's Multi-Billion Dollar Unregulated Adoption Industry
02:39 PM on 05/26/2011
Mirah,

One of my issues is that after being cleared/vetted many wait for YEARS to be matched with a child. Yes, my family "only" had to wait 2 years from start to finish, but that was due alot to the fact that I am "stubborn" and refused to just sit idly by and wait for the system to do the right thing. The fact is most folks going through this process aren't like me, don't know the laws, and are afraid to push a little bit in fear of "retaliation" of their social worker. One thing Jeff did not mention is that my family was one of 3 who was "competing" for our now daughter. All these children in California yet four families competing for one little girl. That is insane.

In the 2 years of our journey I have not met ONE other family who has been matched with a child, let alone finalized an adoption, and all of them started a year or two before we did. I'm also in contact with a handful of families who started their training more than 2-3 years ago and they are STILL waiting for a home study to be finished. This should have been completed within the first few months.

While I too want our children placed in safe/loving homes, that's not the reason our children are not being adopted. We must make the process simpler.

James
AKA: The Dad from Jeff's article :-)
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HUFFPOST BLOGGER
Jeff Katz
04:43 PM on 05/26/2011
I have no problem at all with states carefully vetting prospective adoptive candidates. The two years it took James and Stephanie to adopt had nothing to do with careful vetting and everything to do with disincentives in the system, especially regarding adoption across county lines. In a county system, each county is primarily interested in finding families for THEIR kids. If one of San Diego County's families adopts a child from Orange County, San Diego County loses- they have squandered precious resources to recruit and prepare a family, but get no benefit from it. The incentives need to change.
10:20 AM on 05/26/2011
It would be a loss of funds for these agencies to let all these children just be adopted out. A lot are drawing SSI and other government funds that come into the agencies for having the children. People should look at the facts and understand the truth of things!!!
06:23 PM on 05/25/2011
Thank you for a very informative look at adopting local children. I hope that States make it a little easier for qualifying, interested families to adopt children because with the popularity of International adoptions, American children (especially those of color) are not given a fair chance.

Thanks to James and Stephanie for being relentless in pursuing their dream of adopting and for educating others about the process.
09:01 PM on 05/25/2011
I am not sure if I am reading your post wrong, but I think you have it backwards - the reason international adoption is so popular is *because* of the exact problems the Higgens family had - people do not not want to be put through this.
01:52 PM on 05/26/2011
like international is any easier? every avenue has big pros and cons.
05:55 PM on 05/25/2011
Wow....sounds familiar...we face similar challenges in Canada...inter-province adoption, next to impossible...in the province of Ontario, 53 public agencies who find it difficult to communicate and cooperate in matching waiting kids with eager families who want to become adoptive parents...crazy, uneccessary...and we are supposed to be progressive? Maybe, but in all the wrong places.
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HUFFPOST SUPER USER
EndTheEcho
12:29 PM on 06/03/2011
Privacy laws in Canada are very different than the US and photolistings of waiting children are less common. Alberta probably has the most extensive list of waiting children.

Without federal legislation or funding the provinces will go their own ways. ACC is the most likely organization to have statistics on waiting children and they struggle to get the information from the provinces.

Hopefully that report from 2009 will help Ontario make changes to improve their system, and encourage more cooperation between the 53 CAS.
HUFFPOST SUPER USER
redsoxpagan
01:28 PM on 05/25/2011
Thank you Mr. Katz for exposing this outrage. Kudos to James and Stephanie for sticking it out to save a child.