POLICY GUIDE 2000.04
ADOPTION ATTORNEY PAYMENTS AND DCFS COOK COUNTY
ADOPTION ATTORNEY PANEL
Distribution: X, Z, C-3
DATE: April
10, 2000
TO: All
DCFS and Private Agency Child Welfare Staff and Supervisors
FROM: Jess
McDonald, Director
EFFECTIVE DATE: Immediately
I.
PURPOSE
The
purpose of this transmittal is to inform all Department and private agency
staff handling adoptions of DCFS wards from Cook County of the new
procedure for adoption attorney payments and the DCFS Cook County Adoption
Attorney Panel. This policy applies
only to adoptions completed in Cook County.
This policy guide replaces Policy Guide 99.15.
Adoptive
parents may select the attorney of their choice. The only limitation is that the attorney must be licensed to
practice law in Illinois.
DCFS and
private agency workers are not to refer adoptive parents to attorneys. If an
adopting parent wants the name of a qualified, trained attorney who is on the
DCFS Cook County Adoption Attorney Panel, he or she should be advised to call
312-/633-1801or check the DCFS web site at www.state.il.us/dcfs. In no event should an adoptive parent be
given a list of attorneys that was generated prior to January 5, 2000. The adoptive parent may also be referred
to a foster parent association for assistance in selecting an attorney. If a child’s case is in the Expedited
Adoption Program, the adoptive parents have the same rights regarding attorney
selection.
The
Department has established a Cook County Adoption Attorney Panel. This is a listing of attorneys who have met
the following established criteria:
·
have a current license to practice law in Illinois and a
history of compliance with the Illinois Rules of Professional Conduct;
·
have malpractice insurance coverage;
·
have at least three years of practice as an attorney;
·
have represented adoptive parents in at least five
adoptions in the last two years;
·
have completed DCFS training on adoption assistance
agreements and adoption issues; and
·
have agreed to conform to the terms of a contract and
program plan with the Department.
Any
attorney may apply to be on the Cook County Adoption Attorney Panel at any
time. To obtain an application, the
attorney should call 312/633-3412.
Attorneys
on the Cook County Adoption Attorney Panel will be reimbursed for reasonable
and necessary costs of a subsidized adoption directly by DCFS.
IV.
PAYMENT
The
Department will pay a maximum of $1500 per adopted child for nonrecurring
adoption expenses. These expenses
include reasonable and necessary adoption fees, court costs, attorney fees, and
other attorney and adoptive family expenses that are directly related to the
legal adoption of a child with special needs.
DCFS will act as the fiscal agent for adoptive parents
when the attorney is on the Cook County Adoption Attorney Panel. As a fiscal agent, DCFS will pay the
attorney directly on behalf of the adopting parent.
When an
adopting parent selects an attorney that is not on the Cook County Adoption
Attorney Panel, DCFS will reimburse the adoptive parent for attorney fees, up
to the maximum of $1500 per adopted child.
Attorneys
are now responsible for reviewing and negotiating to completion the adoption
subsidy. Upon attorney request,
Departmental staff should supply needed documentation for the attorney to
successfully review the subsidy. Such
documentation would include anything that relates to the child’s special needs
(i.e. medical documents, psychological assessments, school reports). If the supporting documentation contains
confidential information, such as the name or address of the birth parent, said
information should be redacted from the document prior to forwarding to the
attorney.
VI. Questions
Questions
regarding this new process may be directed to Christina Schneider at
312/633-3412.
File this policy guide behind
Procedures 302.310, page 6.