ICPC State Pages

Rhode Island Adoption

Rhode Island permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

§ 15-7-11  Investigation and report as to adoptive home. – (a) Upon the filing of a petition so presented and consented to for the adoption of a minor child, the court shall notify the  Department of Children, Youth and Families. It shall then be the duty of the department to verify the allegations of the petition, and to make appropriate investigation to determine whether the proposed adoptive home is a suitable home for the child. The department shall within sixty (60) days submit to the court a full report in writing, with recommendation as to the granting of the petition and any other information regarding the child or the proposed home which the court shall require. In circumstances where the petition for adoption concerns a child who has been placed for adoption by a duly licensed child placement agency, the court may accept the home study report of the child placement agency in lieu of the investigation and recommendation of the Department of Children, Youth and Families; provided, the child placement agency includes in its home study report any criminal record of the prospective adoptive parent. All costs relating to criminal background checks shall be the responsibility of the public or private entity conducting the home study;

   (b) As part of the investigation or investigative home study report, a request shall be made to the attorney general through the division of criminal identification to make available any criminal record of the prospective adoptive parent maintained by the division. The prospective adoptive parent shall apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check unless they have previously submitted to a nationwide criminal records check in accordance with § 14-1-34 and/or §§ 40-13.2-2, 40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4 and 16-48.1-5. The attorney general shall immediately comply with the request of the department or child placement agency and the report of the attorney general shall be made part of the investigative home study submitted to court.

   (c) Pursuant to § 40-13.2-4, the director of DCYF will determine by rules and regulations those items of information appearing on a criminal records check which constitute disqualifying information because that information would indicate the prospective adoptive parent could endanger the health or welfare of a child or children. Upon the discovery of any disqualifying information with respect to a proposed prospective adoptive parent, the agency conducting the home study will be informed by the director in writing of the nature of the disqualifying information.

   (d) At the conclusion of any criminal records check required by this section, the fingerprint card of the person subject to the nationwide criminal records check shall be promptly destroyed.

   (e) Provisions of this section may, in the discretion of the court, be waived in the case of a petition for the adoption of a child where the child is the natural child of one of the parties petitioning for the adoption and resides with the petitioning parties.

   (f) Specific definitions and procedures for adoptive home studies are to be provided in regulations promulgated by the department for children, youth and families in accordance with the administrative procedures act. All investigative home studies submitted to the court shall be based on a minimum of two (2) home visits by the agency conducting the home study. All prospective siblings and any other household members shall be interviewed during a home visit. Agencies conducting the home study shall have a minimum of one home visit following completion of the home study process. A summary of the agency's past and present contact with the prospective adoptive family shall be included in the home study. The agency shall include in the home study its recommendations for approval or disapproval of the adoption and the reasons for its conclusion.

   (g) The following information shall be included in all home studies submitted to the court:

   (1) Identifying information on all household members, including minor children and the current needs of each child;

   (2) Information regarding the prospective adoptive parent's motivation and reasons for the adoption;

   (3) Current background information on the prospective adoptive parents, including written self-assessment;

   (4) Child care experience and parenting philosophy of the prospective adoptive parents;

   (5) Information regarding past and present marriage and/or partnership relationships;

   (6) Current medical and psychological conditions, including addiction to drugs or alcohol of any prospective adoptive parents, that may be seriously detrimental to the health and welfare of children;

   (7) Description of the home and local community, including any health and safety concerns regarding the home;

   (8) Information regarding the finances and employment of the prospective adoptive parents;

   (9) Reference letters from at least three (3) individuals at least two (2) of whom are non-relatives;

   (10) Results of background checks with DCYF and clearance checks regarding state and federal criminal records conducted on the prospective adoptive parents;

   (11) Information related to the prospective adoptive parent's willingness and ability to accept and cooperate with adoption support services, including their level of understanding regarding openness with birth family; and

   (12) Information related to the match between prospective adoptive parents and the child, including attitudes and capabilities of prospective adoptive parents and the child's characteristics and background.
 

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Public

Public Adoptive Placement-Requirements:

• As outlined in RIGL 15-7-11

Adoption Assistance

Adoption assistance payments begin:

• After the adoption is finalized

Sending State Adoption Subsidy Payments (Guidelines):

• Once eligibility is established as a special needs child, the Rhode Island Department of Children, Youth & Families Permanency Support Unit worker has a thorough discussion with the prospective adoptive parent(s) and then negotiates a rate with the adoptive family, based on the child’s needs and the family’s circumstances, up to, but not in excess of, the maximum allowable rate.

  1. If the adoptive parent(s) agrees to the amount negotiated, and this amount is less than or equal to the allowable amount, the worker proceeds with the subsidy request.
  2. If the adoptive parent(s) disagrees with the amount determined to be appropriate and if further negotiation is not an alternative, the adoptive parent(s) may request a hearing in accordance with DCYF Policy 100.0055 Complaints and Hearings

Special Needs

Rhode Island definition of "Special Needs":

• A child must meet all of the following three requirements to be considered as a child with special needs and to be eligible for federal or state adoption assistance.

   

  ¨              A determination must be made that it is not in the child’s best interest to return home.

  ¨              A specific factor or condition, which could make the child difficult to place in an adoptive family without adoption assistance, must be present or for an applicable child, the child may meet all of the medical or disability requirements for Supplemental Security Income (SSI).

  ¨              Reasonable efforts to place the child without adoption assistance must first be made, except in certain situations when a determination has been made by the Department that it is contrary to the child’s best interests to be moved.  

  A specific factor or condition, which could make the child difficult to place in an adoptive family without adoption assistance, must be present or for an applicable child, the child may meet all of the medical or disability requirements for SSI.  Worker must document the specific factor that makes a child difficult to place.  This may require written documentation from medical, mental health, educational or other professional.  Such factors include:

   

  a.             The child has a documented medical condition or a physical, emotional, or mental disability.

  b.             The child is a member of an ethnic or racial minority.

  c.             The child is over the age of nine (9).

  d.             The child is a member of a sibling group being adopted into the same home as a sibling.

  e.             The child has experienced a prior adoption disruption or dissolution.

  f.              The child is at high risk of developing a medical condition or a physical, emotional or mental disability, based upon family background or history.  (In this situation, a child may be eligible for deferred subsidy, which would include a medical subsidy without financial assistance.  In the event a disability, based upon family background or history, is diagnosed in the future, the child may then be eligible to receive financial assistance.)

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Rhode Island, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition:

• R.I.G.L. 15-7-11 (all matters pertaining to adoption 15-7-1 to 15-7-26)

Court Jurisdiction for Adoption Cases:

• RIGL 15-7-4; Court jurisdiction for Statewide Family Court  R.I.G.L sect. 8-10-3; R.I. G.L 14-1-5 & 14-1-6

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

• R.I. G. L. 15-7-11