Adoption Webinar: - PowerPoint Presentation

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Adoption Webinar:Openness in Adoption #1 - Openness and Permanency: Setting the Stage

Welcome to Today’s Webinar!If you haven’t yet dialed in for the audio, please dial in to the teleconference at : 1-888-407-4369Participant Pin 96938721#

The phone lines are muted. It is normal not to hear any audio until the webinar has started.The webinar will be recorded and made available on the OACAS Members’ website.If you are hearing an echo, please mute the sound on your computer!

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Openness is an act of generosity you give your child and their birth family

UNDERSTANDING AND MANAGING OPENnESS IN ADOPTION Slide3

Adoption is …….

A social, emotional and legal process through which children become permanent, legal members of a family other than their birth family, while recognizing that children’s psychological, genetic and kinship connections forever link the two families. Slide4

Openness: Historical BackgroundChanges in legislation in 2006 and 2011 to allow openness in adoption

Despite change in legislation it has taken time to determine how to best manage/operationalize openness in a public agencyNeed for Child Welfare to gain understanding as to how to manage openness agreement and then to take this understanding to adoptive parents/applicants so that they can become informed/comfortable with openness Slide5

OPENnESS: historical backgroundHistorically Adoptive families would apply to adopt through CAS versus private because there was no openness in CAS adoptions

Private adoption practitioner have been working with openness for many years Past 10 years there has been a gradual shift in practice so that Ottawa CAS has been facilitating exchange of letters and pictures between adoptive families and birth families with no written agreements so that adoptive families could stop any time and birth parents had not way to address this lossLong term advocacy on the part of adopt adoptees and birth families around the need/benefit for openness Slide6

Why have openness?Child’s perspective

Facilitates with identity developmentAssists with grieving and dispels fantasies about their birth family Full disclosure and information about family history is easily available to child as they grow up Prevents child from having to go “underground” to get information and make contact with birth family during teen yearsGives child permission to be part of adoptive family Slide7

Why Have Openness?Adoptive Parent’s Perspective

Empathetic view of the Birth Parents and less fear of the unknownOpportunity for open communication about adoption with their child and more accepting of child’s curiosityBetter equipped to answer child’s questionsStrengthens relationship between child and Adoptive Parents as show that Adoptive Parents can handle the difficult issues Slide8

WHY HAVE OPENnESS?Birth family perspective

Continued relationship and active role in the child’s futureFacilitates Grieving—Diminishes anxiety and fear for the child’s well-being and increases comfort in living with the adoption decisionConfirms the adoptive parents will be the psychological parents if there is no competition or feeling of divided loyalties between birth family and adoptive familySlide9

“If a mother and father can love more than one child then why is it so hard to understand that a child can love more than one mother and father?” ~ Unknown

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Openness 101“When the Society begins planning for the adoption of a child who is a Crown Ward, the Society shall consider the benefits of an openness order or openness agreement in respect of the child,” CFSA141.1 (2)

Things to Consider: Must be in the best interests of the ChildPermits the continuation of a relationship that is meaningful and beneficial to the child There are two types of Crown Wards (CW) CW’s with Access Orders and CW’s without Access Orders. With CW’s with Access Orders, the person with access has the right to ask for an openness order or an openness agreement.Slide11

Openness agreements

An openness agreement may be made at any time before or after an adoption is finalized.The child’s views and wishes (if they can be reasonably ascertained) shall be considered before an openness agreement is made.An openness agreement may include a process to resolve any difficulties.Slide12

Openness orders Typically made

by the court prior to a final adoption orderAllow the Society to seek adoptive placements for Crown Wards with Access ordersAdoptive parents are advised of any applications prior to placementCourt decides:Is the order in the child’s best interests?Will it permit the continuation of a meaningful and beneficial relationship for the child?Does the child (of over 12) consent to the order?

Must consider the ability of the adoptive family to comply with the orderSlide13

Openness ordersCW with no access order

CAS may place for adoptionOnly CAS may apply for Openness Order Court must be satisfied that:Order is in best interests of childOrder will permit continuation of a relationship that is meaningful and beneficial to the childConsent of the society, the person who will have openness, the adoptive parent(s) and the child if 12 years or older.CW with access orderCAS must give notice of intention to place for adoption 30 days before placingAccess holder may apply for Openness OrderCAS must advise adoptive parents of applicationCourt must be satisfied that:Order is in best interests of the childOrder will permit continuation of a relationship that is meaningful and beneficial to the childConsent of the child if 12 years or olderCourt must consider the ability of the adoptive parents to comply with the arrangement under the Openness Order.Slide14

Best interests Even when the relationship is meaningful and

beneficial to the child, the best interests of the child must be considered.“ What in a relationship is left for preservation by an openness order may be only a sliver to those who make decisions for the child. It may be a very important sliver to the child. In the end, there is likely considerable benefit even in a sliver, viewed through the lens of an ever-maturing child”. Musings of Justice KatarynychSlide15

What we are doing in ottawaBirth families may have input into choosing the adoptive family that is the best match for their child

The goal of openness is to have face to face contact and the amount is based on an assessment of what is beneficial and meaningful for the child, contact is limited only by safety and well-being considerationsAn openness agreement is facilitated between birth and adoptive parents to define what is meaningful and beneficial to the child and realistic for both familiesSlide16

Openness worker ‘s role Meet

with birth parents prior to Crown Wardship or shortly thereafter to provide information about adoption, planning and openness Support Birth parent into selecting adoptive family for their child Offer service to assist in transition from parent to birth parent role Slide17

openness worker Begin Process with

Birth Parent (Support, Information, Guidance)Collaborate with adoption worker regarding opennessCo-facilitate meeting with birth parents and adoptive parentsSlide18

Something to Consider……

We didn't want our daughter to have the cabbage patch mentality. The truth is, her life didn't start the day we adopted her. Like us, her history and ours began a thousand lifetimes ago. - Monica and Debbie, adoptive parents It has been said that adoption is more like a marriage than a birth: two (or more) individuals, each with their own unique mix of needs, patterns, and genetic history, coming together with love, hope, and commitment for a joint future. You become a family not because you share the same genes, but because you share love for each other. Joan McNamara, Adoptive parentSlide19

Adoptive Family meeting birth family

Adoption worker will meet with adoptive family to prepare them for meeting the birth family At the same time, birth parents will meet with the openness worker to prepare them for meeting the adoptive parentsThis meeting is not a time to negotiate…this is the beginning of openness Slide20

Adoptive parents meeting birth family

Meeting will take place at CAS or a neutral setting, not in the home of adoptive parents or birth familyAdoption worker and openness worker will be present for meeting Adoptive Parents and Birth Parents should prepare any questions ahead of time so all participants are not caught off guard

Adoptive parents should bring a camera so they can take a picture of birth family members if they are willing.. .possibly picture together of adoptive parents and birth parents Slide21

The agreement Defines what information is shared (identifying or not)

Who is involved – birth parents, extended family, siblings, etc.Frequency and Exchange of pictures and letters – how? How many?Email contactTelephone contactGifts, cards, letters, mementos from birth familyVisits – frequency, location, addresses issues of concern ie addictions and mental healthDefinition of openness, not accessLimitations of electronic sharing of picturesMechanisms to address problems or need to make changesSlide22

Post Agreement Challenges Over probationary period your adoption worker will assist and support adoptive family and children as they learn to live with openness

Birth family will have opportunity for support Openness can be awkward initially until all parties are comfortable with each other Built into each agreement is a process for managing any conflicts or necessary changes as the child grows or family situation changes Slide23

Factors which increase opennessMutual concern for child well-being

Emergence of mutually satisfying relationship between adoptive and birth parentsRegular flow of communication between adoptive and birth familySlide24

Factors which decrease opennessDistance

Major value differencesRelatives or friends who discourage contactChange in birth family situation (marriage, new child)Difficulty negotiating comfort zone of contactAdoptive parent feels contact causing stress to childInability of agency to keep up mediated contact to satisfaction of everyoneSlide25

Commitment

Adoptive parents must enter into the agreement in good faith recognizing the benefit to their child and their family to maintain birth family connections.Slide26

Something to think about…..“When she looks in the mirror, we want our daughter to know herself. It’s hard to face the world when you don’t know where your face came from.” ~ Adoptive parents

 An invisible red thread connects those who are destined to meet, regardless of time, place, or circumstance. The thread may stretch or tangle, but it will never break.” ~ An ancient Chinese belief Having a child means a piece of your heart is walking around in the world.” ~ UnknownChildren need two things. One is roots and the other is wings.” ~ UnknownSlide27

KEY ISSUE: Preserving relationships that are meaningful and beneficial to the child Need to ask this question in relation to access at the CW stage

Need to ask it again following CWCAS has duty to seek permanent home through adoption or custody or customary care for all Crown WardsNeed to ask it at the stage of planning for adoptionIf there is no relationship that is meaningful and beneficial to the child, bring an application to terminate the accessIf there is a relationship that is meaningful and beneficial to the child, service notices of intent to place for adoptionSlide28

PLANNING FOR CW with Access: INITIAL STEPSPrior to the Adoption Conference

Obtain copies of the court orders for Crown Wardship and access, Obtain court Plan of Care, Statement of Agreed Fact, Minutes of Settlement, court endorsements or Reasons for Decision that explain the access order or the basis on which it was madeDetermine whether an Openness Conference is neededSlide29

PLANNING for CW with Access: The Openness Conference

Purpose is to determine which relationships are beneficial & meaningful to the child, and discuss the options, including:Negotiate openness without first serving the NoticesReturn to court to terminate or vary accessServe Notice of Intent to place the child for Adoption with access order in placeSlide30

PLANNING for CW with Access: The Openness ConferenceInvite children’s service worker, adoption worker, family worker if there is continued or recent involvement, lawyer

Plan for advising the access holder and access subject of adoption plan. Service of a Notice of Intent to Place is not a good way to inform anyone about an adoption plan! Assign an instructing client who will instruct and communicate with the legal department or lawyerSlide31

SETTING THE STAGE FOR OPENNESSQUESTIONS

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