Child and Family Services Policy > Section VIII - Adoption > VIII. Appendix I

In accordance with the Legal Risk Adoptive Placement Policy, there are special circumstances in which a child may be in need of a permanent placement, but the child is not legally free for adoption, yet a determination has been made that the child is in need of the stability and commitment that a "legal risk" adoptive family can provide.

Request is made for approval for the Legal Risk Placement of ____________________

DOB___________________ who is a child for whom adoption is in the best interest and meets at least one of the following criteria:

Please check the appropriate box.

____The child is the subject of a Termination of Parental Rights Order that is under appeal, and would create delay in achieving permanency for the child.

____The child is the subject of a court order that relieved the Department of the obligation to commence reunification based on the existence of an aggravating factor.

____A Cease Reunification Order has been granted with birth family reunification completed and unsuccessful.

____Birth family abandonment of a child.

____A Termination of Parental Rights is complete on one parent and there are protracted efforts occurring to serve the absent parent.

The caseworker and supervisor, in review of child’s name circumstances and conditions have made a preliminary determination that the child’s name is in need of a legal risk adoptive placement to provide security, stability, and family commitment.

The attached summary identifies this child's current circumstances and conditions including:

1.	Child's legal status

2.	Child's age and current living arrangement

3.	Current level of birth family involvement

4.	Identification of child’s special needs.

5.	Statement that identifies how legal risk placement meets the best interest of the child.

Request for approval of child’s name as meeting the requirements for a Legal Risk Placement is made to the Child Welfare Program Administrator and the Adoption Program Manager for efforts to begin in the selection and matching process of the most appropriate family for Legal Risk Placement.

Agency Caseworker Date

Agency Supervisor Date

Child Welfare Program Administrator Date

Adoption Program Manager Date

(Copy to be retained in child’s file)

MAINE DEPARTMENT OF HUMAN SERVICES

LEGAL RISK ADOPTIVE HOME PLACEMENT AGREEMENT

This agreement is made and entered into this _______ day of _______ between the Maine Department of Human Services, hereafter designated as "Agency" and _________________, and___________________, hereinafter designated as Legal Risk Adoptive Parents, with reference to the placement and possible adoption of:

________________________________________________________________

(Name of Child) (Date of Birth)

Said Agency has this day placed with said Legal Risk Adoptive Parent(s) the above named child. Said child is in need of a family to which to attach and must be moved from his current foster home. Said child is in need of the stability of a permanent home to promote his/her health and welfare.

I/We, the undersigned, understand and agree to the following conditions:

1.	The welfare of is of primary concern and the legal risk adoptive parent(s) is/are fully aware of the legal risk involved in this placement in that said child is not and may not become free for adoption.

2.	The Agency caseworker has discussed with the Legal Risk Adoptive Parent(s) the facts of legal risk involved in this placement and the Legal risk Adoptive Parent(s) are/is willing to have the child placed in their home as a child not legally free for adoption.

3.	The Legal Risk Adoptive Parent(s) also understand(s) that their home must meet the dual standards for adoption and foster care.

4.	The agency Caseworker has provided information to the Legal Risk Adoptive Parent(s) on the background, medical history and special needs of the child to be placed.

5.	The Legal Risk Adoptive Parents(s) agree to participate in the child’s case plan as indicated, which could include reunification in certain circumstances.

6.	The Legal Risk Adoptive Parent(s) may under no circumstances give the child into the custody of another person or institution without the consent of the Agency.

7.	While the child is placed with the Legal Risk Adoptive Parent(s), the Department will pay {rate} board and clothing per month, consistent with Family Foster Care Rates A and B.

The assigned Agency caseworker will make home visits for the purpose of supporting and facilitating the merging of parent(s), child(ren) and other family members into a family unit, determining the child’s need and family’s ongoing needs in relation to the child and assessing the continued appropriateness of the placement. The Legal Risk Adoptive Parent(s) agree to work cooperatively with the Agency caseworker toward this end and to utilize supporting services as necessary, e.g., counseling, support groups, etc.

9.	The Agency, as legal guardian, reserves the right to move the child from the Legal Risk Adoptive Parent(s) home at any time, if, in the judgment of the Agency, such removal is in the best interests of the child.

Agency Caseworker Date

Agency Supervisor Date

Legal Risk Adoptive Parent Date

VIII. Appendix I - Legal Risk Adoptive Placement Request

VIII. Appendix I - Legal Risk Adoptive Placement Request