Articles on Legal Matters

Cultivate Your CASA January 26, 2021 Every Indiana foster child has a case manager, a birth family with possibly concerned relatives, and foster parents. They also have (or should have) a legal advocate. Either a CASA (Court-appointed special advocate) or GAL (Guardian-ad-litem.) Although they undergo training, they are unpaid volunteers, giving of their time, as you do, to serve kids in need.

Know Your Case Manager January 12, 2021 Your case manager has legal control of the child in your care. As a foster parent, it is very important for you to get along. Whether you like each other or not, cooperation is vital as you plan a future for the child. Here are a few suggestions to help you work together. When you speak to each other for the first time, try to find something in common.

Legal Rights for Indiana Foster Parents December 29, 2020 Indiana foster parents have many legal rights to assist in caring for their wards. Know your rights and use them when appropriate. Here are the more important ones:

Vacations with Foster Kids May 19, 2020 Everyone needs to get away from difficult or boring routines. As foster parents, struggling with damaged children and with little money to waste, you need a break more than most.  A getaway also provides you with the opportunity to bond with your child through new adventuring.  Here are a few ideas on where you might go in Indiana and what to do. (To leave the state, you need permission from your caseworker and the judge.)

Selecting the Right Attorney April 7, 2020 I am a foster parent. I need an attorney. How do I go about finding the best one?

Negotiating for Adoption Subsidies March 10, 2020 All post-adoption subsidies in Indiana are referred for negotiation. In Marion County, your case will be assigned to one of four attorneys who will probably begin by offering a minimal amount of support or nothing. How much you eventually are awarded will depend on the knowledge and skill of your personal adoption attorney. Details of the negotiating process are contained within Chapter Ten of the DCS Manual.

Preparing for Adoption Court February 25, 2020 Know your judge. Adoption court hearings differ widely. Most are uncontested and informal. In those cases, you can anticipate a positive experience, brief and happy for you and your new child.

The Rights of the Child Come First January 14, 2020 Laws are provided to protect those most in need. The powerful can take care of themselves. Civil rights legislation offers a voice to women, ethnic minorities, persons of a different gender persuasion, those who are injured, and even to so-called illegal immigrants. An immature child with an unsafe or no home clearly heads this list. As our potentially most vulnerable citizen, the child whose basic need for safe and sane surroundings is seriously in jeopardy has an overriding right to our protection. The child’s rights become primary. 

Family First November 19, 2019 The primary goal of the new Family First Preventive Services Act (10/19) is to avoid foster care when possible by keeping mother and child together in the home. Minimal federal funds are authorized for up to 12 months to provide mental health and substance abuse treatment for parents and for pregnant foster children. Keeping the original family together with help is a worthy goal. As a psychologist friend of mine remarked: “If the abuse is serious enough to remove a child in the first place, then chances of reunification should be slim.”

Making a Difference, a new book on foster care and adoption October 8, 2019

Attorney Peter Kenny announces the publication of his third book: Making a Difference: Foster Care and Adoption. His book contains over 70 single-page topics, all of which are of major interest to foster and adoptive parents.  The book is inspiring, and practical, a quick and easy read.

Don't Make Kids Wait March 26, 2019 Imagine you are awaiting the results of your breast exam or prostate test. You call daily but they still don’t have the results. What are you thinking, feeling?

Extending Adoption Subsidies in Indiana February 26, 2019 You have adopted a child with a disability. Normally, the child's Medicaid and per diem payments, funded by the federal Adoption Assistance Program (AAP), continue till age 18. Can you get them extended until age 21? Yes, but it’s somewhat complicated. Here's how.

Every Child Has the Right to a Permanent Home January 29, 2019 Research has clearly shown that delay in achieving permanence is not in the child’s best interest. Time is the enemy of a growing and developing child.

The US Federal Income Tax Credit for Adoption January 15, 2019 The US government offers a one-time non-refundable tax credit to adopting parents for expenses incurred in the process. Most Indiana foster-to-adopt parents receive a post-adoption subsidy paid by the state. If that is the case...

How to Become a Foster Parent in Indiana December 11, 2018 An overview of how to become a foster parent in Indiana. The process appears more complicated than it actually is.

Foster Care Payments Are Not Taxable Income November 27, 2018 Foster care payments are reimbursement for the daily costs of raising a child, and are not considered taxable income by the IRS. Having a foster child in the home does not change the family’s status for receiving food stamps.

The Termination of Parental Rights July 17, 2018

“We have had our foster child for almost two years and nothing seems to be happening. Mother makes a little progress and then relapses. How long will this go on? When does the state give up on reunification and look for another permanent home?”

Preparing a Life Book July 3, 2018

One simple and meaningful way to get to know your foster/adopted child is to help him or her collect their history in pictures and stories in their own homemade personal book. Whether you are able to adopt the child or not, a picture-story book will become a treasure for a child who lacks “possessions.”

All About the Child June 19, 2018

The child fares better when foster parents and the birth parent can get along. Mutual distrust and hostility, often based on a lack of information, serve no one. You don’t have to agree with one another. But foster parents do need to withhold judgment. And show courtesy and respect for the person.

A Voice for Foster Parents February 27, 2018

Caseworkers and DCS conferences do not have the final word about removal, placement, and possible adoption of Indiana children in foster care. Courts are where these ultimate decisions are made. Foster parents have rights to be heard in court.

Why Bonding Matters January 30, 2018

Here is our definition which has been used to support adoption in many courts throughout the US: “Bonding is a significant reciprocal attachment which both parties want and expect to continue, and is interrupted at peril to the parties involved.” Interrupted bonding is strongly correlated with adult mental illness, crime, poverty, and homelessness. Bonding can be demonstrated by 24/7the amount of time spent together, by community support, and by statements from the parties involved.

When a Cooperative Adoption Makes Sense January 16, 2018

A cooperative adoption allows for some continuing post-adoption contact. This usually involves a nominal offering of information about the child and/or the exchange of cards, letters and photos. Less frequently, personal visits may be permitted on special occasions. It may make sense when the birth parent fears giving up all future connection with her child.

How to Keep a Journal on Your Foster Child December 5, 2017

The strongest material you can have in advocating for your foster child is a well-documented daily journal. Keeping a daily journal assists you when reporting to the Child Welfare Department or advocating for your foster child at case conferences and at court hearings, especially adoption. When opinions are divided, your journal provides you with reasons and documentation for your views.

Dealing with Allegations of Abuse for Foster Parents November 7, 2017 Foster parents are especially vulnerable to charges of child abuse and neglect. Charges may be leveled by the foster child, the birth parent, the caseworker, a neighbor, or a stranger. The reasons are many and the allegations may be exaggerated or patently false, often motivated by resentment. No matter the source or the merit of the charges or how absurd they appear, they must be taken seriously right from the start. Don’t wait.

Indiana Adoption Subsidies for Foster Parents October 10, 2017

Many different subsidies are available for Indiana foster parents who wish to adopt. They include continuing your monthly payments, providing health insurance, reimbursing you for some of your adoption expenses, a federal income tax credit, and help with college tuition. Your new child is entitled to all the financial support that is offered.

When Do You Need a Lawyer? August 15, 2017

Here are a few thoughts about when and why foster parents might benefit from legal help.