( PACA ) info@adoptgold.com Presenter: CAN LEAD TO Debbie S. - - PDF document

▶

Mar 19, 2024 441 likes •503 views

P OST ADOPTION Presenter: Michael S. Goldstein, Esq., LCSW CONTACT AGREEMENT Email: ( PACA ) info@adoptgold.com Presenter: CAN LEAD TO Debbie S. Wolf, Esq. SHORTER TIME IN SHORTER TIME IN Email: FOSTER CARE

SLIDE 1

POST ADOPTION

CONTACT AGREEMENT

(PACA)

CAN LEAD TO SHORTER TIME IN SHORTER TIME IN FOSTER CARE

Presenter:

Michael S. Goldstein, Esq., LCSW

Email: info@adoptgold.com Presenter:

Debbie S. Wolf, Esq.

Email:

Adopt@ForeverFamiliesThroughAdoption.org

Address: 62 Bowman Avenue Rye Brook, New York 10573

WHAT IS A PACA?

A WRITTEN CONTRACTUAL AGREEMENT BETWEEN PLACING AND ADOPTING PARENTS THAT DETAIL HOW AND WHEN CONTACT AND/OR COMMUNICATION WILL BE HANDLED COMMUNICATION WILL BE HANDLED FOLLOWING FINALIZATION OF THE ADOPTION.

SURRENDERS OF ANY CHILD TO AN

AGENCY FOR ADOPTION CAN CONTAIN CONDITIONS, INCLUDING WHO CHILD IS PLACED WITH AND POST CONTACT

THESE AGREEMENTS ARE

GENERALLY:

GOVERNED BY "BEST INTEREST OF THE CHILD" STANDARDS; PREPARED PRIOR TO FINALIZATION OF THE ADOPTION; PREPARED AND NEGOTIATED WITH ASSISTANCE; FLEXIBLE TO ALLOW FOR FUTURE CHANGE; APPROPRIATE FOR INFANT OR OLDER CHILD ADOPTIONS.

AGREEMENTS MAY:

INCLUDE CERTAIN BIRTH FAMILY MEMBERS (GRANDPARENTS, SIBLINGS, ETC.) SIBLINGS, ETC.) BE FOR A SPECIFIC PERIOD OF TIME MAY OR MAY NOT BE LEGALLY RECOGNIZED AND/OR ENFORCEABLE

AGREEMENTS MUST

BE ENTERED INTO KNOWINGLY AND VOLUNTARILY BE IN THE BEST INTERESTS OF THE ADOPTIVE CHILD

(TYPICALLY THE COURT WILL

APPOINT AN ATTORNEY FOR THE CHILD TO REPRESENT THE CHILD’S INTEREST BEFORE THE COURT)

SLIDE 2

SOME TERMS USED IN A PACA:

 EXCHANGE OF ONGOING INFORMATION ABOUT

THE CHILD

 PHOTOS  PHONE CALLS  LETTERS  GIFTS  VISITATION (DETAIL TIME, LOCATION, PEOPLE,

LENGTH, TRANSPORTATION, ETC. )

 SIBLING INFORMATION OR CONTACT  GRANDPARENT INFORMATION OR CONTACT  NO POSTINGS ON THE INTERNET, FACEBOOK, OR

OTHER SOCIAL NETWORKING WEBSITES

WHY HAVE A PACA?

AGREEMENTS BETWEEN BIRTH PARENTS AND ADOPTIVE PARENTS WERE CONSIDERED “GOOD FAITH” UNTIL LEGISLATION ENACTED PACA --A WRITTEN MECHANISM THAT ESTABLISHES RIGHTS THAT CAN BE ENFORCED IN COURT.

PROPERLY CREATING A PACA AND GETTING IT APPROVED BY THE COURT

A PACA IS CONSIDERED A CONDITION OF THE BIRTH PARENT’S SURRENDER. THEREFORE IT MUST BE MADE BEFORE OR AT THE TIME OF THE SURRENDER

THE SURRENDER AND THE PACA MUST BOTH BE

APPROVED BY THE COURT

A CONDITIONAL SURRENDER CAN BE A SURRENDER OF A

CHILD IN FOSTER CARE TO AN AGENCY OR SURRENDER OF ANY CHILD TO AN AGENCY OR PRIVATE

THE COURT MAY APPROVE THE SURRENDER BUT

REFUSE TO APPROVE THE PACA. (IF SO, THE BP HAS AN OPPORTUNITY TO WITHDRAW HIS/HER SURRENDER)

PROPERLY CREATING A PACA AND GETTING IT APPROVED BY THE COURT CONTINUED…

IF APPROVED, THE FINAL ORDER OF ADOPTION WILL REFER TO THE PACA AND IT WILL BE INCORPORATED INTO THAT ORDER ALL PARTIES THAT SIGNED THE AGREEMENT WILL GET A COPY AT THAT POINT, THE PACA BECOMES ENFORCEABLE

THE COURT’S ROLE IN ESTABLISHING OR ENFORCING A

PACA

PETITION TO ENFORCE A PACA CAN BE BROUGHT BY ANY PARTY TO THE AGREEMENT ENFORCEMENT IS IN FAMILY COURT THE "BEST INTERESTS OF THE CHILD" STANDARD GOVERNS JUDICIAL DECISIONS TO APPROVE, MODIFY, OR ENFORCE A PACA

THE COURT’S ROLE IN ESTABLISHING OR ENFORCING A

PACA CONTINUED…

THE VALIDITY OF ADOPTIONS MAY NOT BE

CHALLENGED FOR FAILURE TO COMPLY WITH AN AGREEMENT FOR VISITATION OR COMMUNICATION

THE STATUTES PROVIDE, OR COURTS HAVE THE STATUTES PROVIDE, OR COURTS HAVE

CONSTRUED THEM TO PROVIDE, FOR A SEPARATE CIVIL ACTION TO ENFORCE OR MODIFY THE AGREEMENTS UNTIL THE CHILD'S 18TH BIRTHDAY

*ALTHOUGH THE LAW NOW SPECIFIES PROCEDURE

FOR ENFORCEMENT OF THE TERMS OF THE AGREEMENT, BOTH BEFORE AND AFTER FINALIZATION, THERE ARE ISSUES THAT REMAIN UNCLEAR UNTIL THERE IS MORE CASE LAW (REFER TO HANDOUTS FOR RECENT CASE LAW)

SLIDE 3

CAN THE COURT ORDER CONTACT

CONDITIONS? IN SOME CASES WHERE PARENTAL RIGHTS WERE TERMINATED, THE FAMILY COURT MAY DEEM IT APPROPRIATE TO EXERCISE ITS DISCRETION IN DETERMINING WHETHER SOME FORM OF POST TERMINATION CONTACT IS IN THE BEST INTERESTS OF THE CHILD.

APPLICABLE NEW YORK LAW

DOMESTIC RELATIONS LAW § 112-b POST-ADOPTION CONTACT AGREEMENTS; JUDICIAL APPROVAL;

ENFORCEMENT. (PLEASE SEE

HANDOUT) HANDOUT) SOCIAL SERVICES LAW § 383-c AND § 384 FAMILY COURT ACT § 1055-a

WE HAVE BEEN CHOSEN TO BE ON A TEAM OF PROFESSIONALS THAT ARE TRYING TO OPEN UP THE UNITED STATES FOSTER CARE CHILDREN TO APPROVED PROSPECTIVE ADOPTIVE PARENTS AROUND THE WORLD- PARENTS AROUND THE WORLD- OUTSIDE OF THE USA.

POST ADOPTION CONTACT AGREEMENTS CAN LEAD TO SHORTER TIME IN FOSTER CARE-- A GOAL WE ALL SHARE. PACA’S ARE ENFORCEABLE AND CAN SECURE FAMILY TIES AFTER SECURE FAMILY TIES AFTER

ADOPTION. BIRTH FAMILIES WHO WISH

TO MAINTAIN CONTACT WILL SIGN A CONDITIONAL SURRENDER, ALLOWING THEM POST ADOPTION CONTACT

PLEASE TAKE 10 MINUTES ….

 ……..  ……..

Pros Cons

(+) (-)

QUESTIONS? COMMENTS?

SLIDE 4