You are making one of the most important decisions a person may ever make:

Adopting a child.

DCFS policy states that all Foster Parents, private agencies, DCFS home of relative, and/or foster parents whose child's case is in the expedited program, have the right to select the adoption attorney of their choice.

Once parental rights have been terminated, your caseworker will begin working on the adoption subsidy for your child.  At that point you should be given a list of trained attorneys.  Upon completion of adoption, DCFS will pay legal fees incurred by an adoptive parent.

Ask questions.  Be sure the attorney you chose will review and assist appropriate for your child.  You must do your part to ensure you and your child are obtaining the best legal advice available.

Additional Information:

• The Illinois Foster Adoptive Parent Association

• Adoption tax credit   from North American Council on Adoptable Children

• COAC ( Council on Adoptable Children) Pat Cooper 847-698-3668

The Illinois Foster Parent Association and the Council on Adoptable Children have created this list of pertinent questions to be pose to a prospective attorney.  Following most questions is and explanation of why the question may be of importance.

1. What experience do you have in advocating for special needs children?

2. Do you work for DCFS — in any capacity?

A conflict of interests may result should an attorney represent both you and  DCFS.

3. Do you represent private agencies?

Some attorneys on the list represent agencies in Juvenile Court and in Service Appeals against  Foster Parents.

4. Do you practice in Juvenile Court

After parental rights are terminated, Juvenile Court continues to have  status hearings to monitor the case until adoption is finalized. The Illinois Foster Parent Association and the COAC have been informed of situations in which foster parents have needed the adoption attorney to appear in Juvenile Court because a caseworker or hearing officer threatened removal of a child after the foster parent requested additional testing or documentation of a child's special needs.  Be sure the attorney you select knows the juvenile court system and will appear in Juvenile Court on your behalf, if necessary.

5. Do you handle DCFS Administrative Appeals?

Sometimes in the adoption process a service or the subsidy may be denied.  Issues may need to be appealed.

6. Have you processed an Amendment to the Subsidy?

Once a subsidy has been signed by the adoptive parent and approved by DCFS, changes may still be made to the Subsidy by completing an Amendment to the Subsidy.  The subsidy does not become a legal binding contract until the adoption is finalized.  Your caseworker or attorney can make such changes by writing and amendment and getting the amendment approved by DCFS.

7. Are you familiar with the Levels of Care Assessment Form?

Based on the needs of the child, Levels of Care Determine the appropriate board rate of foster/adoptive parent should receive.  If your child has issues but no one seems to listen or understand, discuss the issues with your attorney for further advice.

8. Are you willing to challenge the private agency or DCFS if I disagree with the Scoring of the Levels of Care?

9. When you review my subsidy contract, do you ask the agency/DCFS for information in the child's file or do you only review what is received with the subsidy packet?

For the last 2 years it has come to the attention of the Illinois Foster Parents Association and the COAC that subsidies are not being completed accurately.  Several of the subsidy forms are being revised by DCFS to simplify them for caseworkers and foster/adoptive families.  Many pre-existing conditions and needed services are not being documented in the subsidies.  For your family and the child to be covered for future services, current as well as pre-existing conditions need to be stipulated in the subsidy.  New training has been developed but not all caseworkers have attended.  Be sure the attorney you select will review and ensure all your child's needs are documented.

10. IF DCFS or the private agency says my child doesn't qualify for an adoption subsidy will you challenge its decision?

Some agencies will say if your foster child is under 3 years or over 18 years of age, your foster child is not subsidy-eligible.  This is not always true. if your child has special circumstances, is part of a sibling group, or if you have already adopted the child's sibling who was subsidy eligible, the child may qualify.  Ask questions!  There are many cases in which children do qualify, but no one challenged the agency or DCFS.  Make sure the  attorney is anticipating your best interest.

11. Will you wait until all services are in place before filing the petition to adopt or to finalize the adoption?

Everyone wants adoptions to be completed in a timely manner.  Don't let anyone rush you until your subsidy meets your satisfaction and your child's needs are, or will be, met once the adoption is finalized.

12. Do you know of professional resources available to adoptive families.

Often Foster Children have never been properly diagnosed or are in need of services immediately, but have been on a waiting list for services.  An attorney may be able to provide names of doctors,  therapists, or specialists who could better inform families about a child's special needs.

Remember
Attorneys work for you! 
Attorneys should be ready to represent YOUR 
needs — not those of the agency or DCFS.
You hired the attorney; you may fire them.