QUESTION

We have recently adopted three half siblings from the foster system in AZ, ages 4, 6, and almost eight. We quickly bonded with the younger two when

Asked on Jan 28th, 2012 on Adoptions - Arizona
More details to this question:
we had them as foster children, but have no bond with the oldest. We were told by the foster/ adopt agency they would never consider separating them and ultimately we felt pressured to adopt all three. We hoped things would get better, but they haven''t. Is it legal for us to place the oldest up for adoption. We would like to find a family in the area so she could maintain some contact with her siblings. We get an adoption subsidy for each child. Could her subsidy be transferred to the new parents.
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1 ANSWER

Laura Monte
In order for you to place the eldest child up for adoption, you have two options:(1) turn the child back over to CPS and they can place the child for adoption (you would need to consent to the adoption and the termination of your parental rights) or (2) find another family privately (either on your own or with the assistance of an agency) and have that family adopt the child (which would require you to consent to the adoption and the termination of your parental rights). There is a risk in turning the child over to CPS.  CPS in Arizona maintains what is called a "central registry."  This is a database that lists all caregivers (biological, adoptive, or guardians) that have abused or neglected their children.  If you were to turn over the eldest child to CPS, you run the risk of having your named placed on this list.  Now this would not be done without a hearing (either in juvenile court through a dependency action or at an administrative hearing) where you could present your side of the story.  If the judge or hearing officer finds that you have neglected the child due to your choice to not want to parent the child anymore, then your name would be placed on the central registry.  This would negatively affect your foster care license as well as your ability to work in a child care center or school (if applicable). As for the adoption subsidy, if the child is removed from your care by CPS, the subsidy should be "suspended" as a matter of course.  Sometimes this does not happen, so the judge (if there was a dependency case initiated) would charge you a monthly assessment that would equal the subsidy for CPS's costs in caring for the child.  If the adoption is done through a private agency/person, the subsidy should be able to be transferred, but the agency/person would have to contact CPS's central office about getting the subsidy transferred AFTER the adoption is finalized with the new parent/family.  *The answers provided are for informational purposes only and do not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq,. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice in the State of Arizona and the answers presented are based solely on Arizona law and court case law.*
Answered on Jan 30th, 2012 at 1:22 PM

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