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INTERSTATE
ADOPTION
The State or
County agency, which provides child welfare services, or a
licensed child-placing agency, can assist birth parents
planning to place their child out-of-state, and provide
services to Nevada families planning to adopt children from
another state. Arrangements to place children across state
lines must follow the Interstate Compact on the Placement of
Children (ICPC) regulations, and a State/County worker or
private agency social worker must be involved to help with
this procedure. Because placement laws may differ from state
to state, birth parents, prospective adoptive parents, and
attorneys handling interstate adoptions are encouraged to
contact a State/County or private agency as soon as possible
regarding the home study and placement requirements. Compact
requirements should be discussed early in the adoption plan
so that the placement is not delayed. Nevada’s ICPC Deputy
Compact Administrator can be reached at (775) 684-4418.
BASIC
GUIDELINES TO BE FOLLOWED:
- Nevada
children leaving the state for adoptive placement.
Birth parent(s) who have arranged to place their child
for adoption with a family who resides outside the State
of Nevada (or the attorney handling the adoption for the
prospective adoptive parents), must contact the
State/County or private agency in their area and advise
them of the intended placement plan. A worker will be
assigned to help the birth parent(s) with the
out-of-state (ICPC) placement paperwork, obtain the
social and medical history information to be provided to
the adoptive parents, and provide other related adoption
counseling services.
The ICPC referral is actually a request from the birth
parent(s) for a home study to be completed on the family
they have selected. As this is a private, open adoption,
the names, addresses and telephone numbers of all
parties must be listed. This request is signed by the
birth parent(s) and forwarded through the ICPC compact
administrator in the birth parent(s) residence state; to
the state ICPC administrator in the state where the
prospective adoptive parents reside.
The home study for the out-of-state family must be
approved by both the sending state (Nevada) and
receiving state (other state), before the child can be
placed with the adoptive family. If the home study has
not been approved by both states at the time of the
child’s birth, the birth parent may choose to take the
child home, agree to a temporary foster home placement,
or under some circumstances, the hospital may agree to
care for the baby for a very short period of time.
If the family has been approved and the birth parent(s)
feel that adoption is still best for their child, they
may sign the Consent to Adopt to the specific family
they have chosen to adopt their child. The consent
documents are provided by the adoptive family’s attorney
and cannot be signed less than 72 hours following the
birth of the child. Birth parents have the right to read
the home study before signing the consents. Once
consents are signed, the home study is approved, and the
ICPC requirements are met, the child can be placed with
the adoptive parents. Nevada law requires that a
licensed social worker witness the signing of any
Consent to Adopt (other than when one of the adoptive
parents is related to the child within the third degree
of consanguinity).
The birth parents and adoptive parents may make their
own independent arrangements for ongoing contact. The
social worker remains available to provide post
placement counseling services to the birth parent(s).
In the event the adoptive family selected for placement
is not approved or the family withdraws from the
arrangement, the birth parent(s) may ask the
State/County or private agency for placement assistance.
Remember, both the public and private agencies have
lists of adoptive families approved and waiting to adopt
that the birth parents may consider. The birth parent(s)
may also select another family.
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Children from other states entering Nevada for adoptive
placement.
The procedure for Nevada families planning to adopt a
child from out of state is as follows:
- The
State/County or private agency must receive written
notification of the birth parent(s) intent to place
their child with the Nevada family. The birth parents
will sign the ICPC referral to request a home study on
the Nevada family.
- The
adoption agency will then begin the application and home
study process. Sixty days are allowed to complete the
home study, so it is important that the agency be
notified well in advance of the baby’s birth or intended
date of placement
- A copy
of the completed home study is sent through ICPC
channels in Nevada to the birth parent(s)’ home state
for approval.
- When
both states have approved the placement, Consents to
Adopt are signed by the birth parent(s), and then the
child can be released for placement in Nevada.
- The
agency social worker will supervise the placement
pending court finalization, which may occur in either
state.
For further
information about interstate adoption, contact the ICPC
Deputy Compact Administrator in your state. Each state has
one and your assigned social worker should be able to assist
you. If you are planning your adoption through a private
attorney or other adoption agency, these individuals are
also required to advise both the birth and prospective
adoptive parents that compact requirements must be followed
before the child can be placed.
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