Davis, Chapman, & Wilder

Blog

What Is the Process for Adoption in Georgia?

In Georgia, the Department of Human Services assigns authority over the adoption process to its Division of Family & Children Services (DFCS). The DFCS does not have authority over private adoptions, but it has authority over all adoptions in which a child is a ward of the state or in the custody of a licensed adoption agency.

The four requirements for adoptive parents

Before we look at the steps of the adoption process, it’s worth reviewing the qualifications prospective parents must meet before they can adopt. In Georgia, there are four requirements. These are available for review on the DFCS website:

  1. The prospective parent must either be married and living with a spouse, or the parent must be at least 21 years of age.
  2. Unless the adopted child is a stepchild or relative (such as a niece or nephew), the parent must be at least 10 years older than the child.
  3. Parents must meet a residency requirement. They must either be residents of Georgia, or they must be residents of the state where the child will live after leaving Georgia. Georgia places this second requirement on adoptions that involve children born in Georgia or who were living in Georgia at the time someone placed them for adoption.
  4. The parent must be able to demonstrate the physical, mental and financial resources necessary to care for the child.

To this last point, prospective parents can expect a social worker to conduct a home study. The home study is part of the adoption process and serves to ensure that the parents can provide a safe and nurturing environment. In other words, the state does not take prospective parents at their word that they have the physical, mental and financial resources they need. The state will conduct evaluations.

The seven steps of Georgia’s adoption process

The DFCS website also identifies the seven steps of the adoption process:

  1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
  2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
  3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
  4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
  5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
  6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
  7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

The DFCS website also identifies the seven steps of the adoption process:

  1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
  2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
  3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
  4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
  5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
  6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
  7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

The DFCS website also identifies the seven steps of the adoption process:

  1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
  2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
  3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
  4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
  5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
  6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
  7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

What is different about the private adoption process?

As noted earlier, the DFCS does not have authority over private and independent adoptions. This means the DFCS does not provide the same structure and certainty for adoptions that involve relatives, stepchildren and non-relatives who are neither wards of the state nor in the custody of an adoption agency.

In these cases, prospective parents will still have to ensure the termination of biological parents’ rights. They may also expect home visits from social workers who will ensure their homes are suitable for raising children. But they will need to address adoption’s many legal stipulations without the same degree of DFCS oversight.

Accordingly, many of the prospective parents in private adoptions choose to work with family law attorneys. A good family law attorney can guide you through the process and make sure you start your new family with all the legal rights and protections you deserve.

Recommended Posts

How Do Two-Wheeled Vehicle Accidents Differ from Regular Car Accident Claims?

Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident. How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims Extreme Injuries A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders. The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents. Differences in Insurance Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly. Differences in Fault Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault. In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. Insurer Resistance Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries. Talk to a Motorcycle Accident Lawyer If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation.

Can Divorce Disputes Be Resolved Without Going to Trial?

Here in Georgia, couples who want to divorce can get a mediation lawyer and go through a more amicable process than taking things all the way to trial in the Augusta, GA courts. You're allowed under the law to resolve every disputed issue in a divorce without a trial, and most cases do actually end that way. When a Trial Is Required A trial is required only if there are issues that remain contested when the case is called before the court. The judge may refer all contested divorce petitions for divorce or permanent alimony to an appropriate alternative dispute resolution (ADR) method before holding the trial if the trial is held in a county where there's a court-annexed ADR program already in place. In counties where there aren't, the judge may still refer a disputed case if a method is reasonably available and wouldn't add a lot of cost. When There's Perfect Agreement For some couples, the right move forward is an uncontested filing. This is where the spouses already agree on how to divide their property and debts, what alimony there will be, custody and parenting time issues, and all issues of child support. The couple will still need to submit a written settlement agreement for the court to review and incorporate into the decree, and the court will still need to find that the agreement is fair, particularly in the issues of property division, alimony, and child support. Even if you and your spouse believe you agree completely, it's important to talk with a lawyer who can help you work through your agreement and ensure the court will find it appropriate. When There's Room for Compromise Even if you and your spouse don't yet perfectly agree, if your attitude is positive towards compromise and cooperation, you can still get things done through negotiations and mediation. In fact, the courts will encourage you to keep trying this, and you can convert a contested case into an uncontested one at any point before trial. Mediation In mediation, a neutral facilitator helps the parties reach a voluntary agreement. The mediator has no power to impose terms, and the settlement itself is voluntary. If you engage in a few good-faith sessions but can't produce an agreement, the petition will go to trial. Collaborative Divorce This is a private process in which both spouses and their individual legal counsel commit to settling outside court by signing what's known as a Participation Agreement. The parties also all agree that, if the process fails, the lawyers will withdraw so new counsel can litigate the case in court. This process typically takes three to six months, and it can't be stopped except by actually breaking the agreement entirely. It's important to understand that the Settlement Agreement as a binding contract once it is incorporated into the divorce decree. Contact a Mediation Lawyer in Augusta, GA If you're interested in a divorce that is less contentious, cheaper, and faster, mediation or another ADR method could be the answer. To find out if this is a good fit for your case, talk to Davis, Chapman, & Wilder today to request a consultation.

How Is Compensation Determined for Accident-Related Injuries?

do the same for this blog: After an accident leaves you hurt, figuring out what money you can recover can be a pressing issue as those medical bills pile up and you're forced to take time away from work. Talk with a personal injury attorney in Georgia. We can review those details, build the claim for you, and work to get you everything you're entitled to under the law. One of the key jobs of your lawyer is to help you determine how much compensation you need to be asking for. How a Personal Injury Attorney in Georgia Determines Your Compensation Demand Actual Costs The first step is calculating all costs you have already paid and the ones you know are still coming. Medical bills form a large part of this, and you should get your bills and every record from the emergency visit, hospital stay, follow-up appointments, physical therapy, prescriptions, and any projected future care your doctors expect. The next costs your lawyer will look at will be what you've lost in wages or salary as you've been recovering. You'll need to be able to document the pay you missed, of course, and bear in mind that your compensation here should include overtime, bonuses, or benefits you've missed out on. If you now have a reduced ability to earn the same income going forward, you can claim for this, too. The final “actual cost” is usually property damage, often to a vehicle or a mobile phone or computer damaged in an accident. These are all economic losses that can be proven with paper and numbers. Pain and Suffering Non-economic losses, often called “pain-and-suffering damages,” cover the pain, physical discomfort, and emotional strain you've experienced, and these do not come with a receipt. Georgia leaves the value of these to the “enlightened conscience of impartial jurors” when a case reaches trial. In settlement talks, the parties often start with a multiplier applied to the total of your actual costs or a daily rate applied to the entire period of suffering, based on how severe and lasting the injuries are. These can be tricky to calculate, so having a lawyer is extremely helpful here. Comparative Negligence If you share some responsibility for the accident, Georgia law mandates that your claim be reduced by your percentage of fault. You can't recover anything if your share of the blame is 50% or more. Your lawyer will make sure you're not saddled with blame you don't deserve, work to prove the liability of the responsible party, and minimize the effect of your actual liability as much as possible under the law. If you have been injured in an accident and need to understand what compensation is available or how to properly calculate what you're owed, contact us at the law office of Davis, Chapman, & Wilder in Augusta, GA to request a consultation. Our goal is to provide consistent and exemplary representation to each client because we understand that you're coming to us in a time of great personal distress. Call now at 706-200-1578 for help.