The Nuts and Bolts of an Adoption Home Study

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Written by Babygirlmona and posted on Pound Pup Legacy Blog

Flexibility and a sense of humor are vital characteristics when raising children and they can come in handy during the home study as well. For instance, if you have the flexibility in your job and are willing to take off an hour early to meet with the social worker or to modify your schedule in some other way to make the meeting arrangements flow smoothly, that effort will be appreciated by the worker. As a parent to be, many more of these accommodations are in your future; therefore the social worker often believes you might as well start getting used to them!

The duration of the home study will vary from agency to agency, depending on various factors, such as how many social workers are assigned to conduct home studies, what other duties they have, and how many other people applied to the agency at the same time as you. You can do a lot to expedite the process by filling out your paperwork, scheduling your medical appointments, and gathering the required documents.

The cost of the home study depends on which kind of agency or practitioner is conducting the study. A public agency (often your local Department of Social Services) does not usually charge a fee for a home study, since it is supported by government funds. However, occasionally a public agency may charge a modest home study fee-once you adopt one of the agency’s children, you can usually obtain a reimbursement for this fee.

A private agency might charge from $1,000 to $3,000 for the home study, although it may charge no fees or charge lesser fees for home studies for children with special needs. For a non-special-needs child, the fee may cover an application fee and pre-placement services, but be sure to confirm this. For locating a specific child and providing follow-up or post-placement services, you will usually be charged a separate fee. These services could possibly be performed by a second agency. Fees for these additional services could range from $2,500 to $25,000. Many agencies allow the fees to be paid in installments. Again, be sure to discuss this thoroughly so that there are no misunderstandings.

A certified social worker in private practice often conducts home studies for independent adoptions. Fees for these are probably in the same range as those for private agencies. Independent adoptions are not legal in all States.

Remember, even though an adoption home study may seem invasive or lengthy, it is conducted to prepare you for adoption and help you decide whether adoption is really for you. The regulations serve to protect the best interest of the child and to ensure he or she is placed in a loving, caring, healthy, and safe environment. Once you accept that premise, it often becomes a lot easier to complete what is required of you. After all, the reward of withstanding a short period of inconvenience is great: many years of happiness and fulfillment raising a child to maturity.

Good luck to you in your pursuit of a child through adoption and with your adoption home study. With perseverance and a good attitude, you will be able to team with the adoption social worker to make this a valuable learning experience-one which will help you to do the best possible job in parenting the child who will join your family. After all, the adoption worker wants you to accomplish your goal of adopting, especially if one more child gets a loving, permanent, safe family.

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Adoption: What Does Jewish Law Say About Adoption?

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Written by Mike Adkins

In Judaism, adoption is an important as well as an intricate issue. Although the Jewish Law recognizes adoption as a legitimate way to build a family, it also evokes conflicting messages, known as halakhah, in regards to adoption. Emphasizing greatly on bloodlines and ancestry, Judaism prioritizes tradition with respect to adoption.

A child that is legally adopted under the Jewish Law and is being brought up in a traditional Jewish household is not considered an adoptee. In regards to the Jewish religion, the adopted child is considered part of the family. However, for a Jewish family that wishes to adopt a non-Jewish child, there is always an additional filter that respects the Jewish tradition through generations of Jewish families.

Under the Jewish Law, an adopted child is duty-bound in the laws of death and mourning in the event of a loss of a close relative, namely mother, father, sister, brother, spouse, son or daughter. Considered as an immediate family, the adopted child recites the traditional mourner’s prayer (Kaddish) for 12 months and is obligated in the laws of mourning.

Jewish adoptive parents should carefully consider how they communicate respect for the Jewish religion to the adopted child without diminishing the importance of the birth parents’ religion. Particularly, when it comes to open adoptions and the birth family is not Jewish, the child is likely to raise questions about the Jewish religion, the birth parents’ religion, the differences between the two, why they exist, which is better etc. In these cases, both adoptive and placing parents should communicate in a respectful way and should follow a common way on explaining all these questions to the child without prejudices and conflict.

In many cases, there are conflicts between the different factions of Judaism, namely Orthodox, Reform, Reconstructionist and Conservative. Under the Jewish Law, an adopted child whose birth mother is not Jewish should be officially converted to Judaism. However, if the birth father is Jewish, Reform and Reconstructionist Jews do not proceed to conversion, while Orthodox Jews recognize conversions performed solely by Orthodox Rabbis.

All these complexities create additional challenges in regards to adoption under the Jewish Law. For children who are not born Jewish and have different race and culture in their genes, it is a difficult challenge to connect with a Jewish family, particularly when outsiders question this connection. There are cases that Chinese children are adopted by Jewish families and because their characteristics are so unique, they have been told that they are not Jewish. The same has happened with blond children with blue eyes, who do not look like typical Jews and again their identity has been questioned by third parties at school or even at the synagogue.

For all adopted children is difficult to create a solid identity. Jewish adoptive families should help children who are not born Jewish to develop a strong Jewish identity. On the other hand, they should respect the challenges that evoke from the birth family’s religion. There are cases that Jewish children have celebrated Christmas with their birth parents because the Jewish adoptive parents have accepted that their child should make his or her own choices. In any event, communication is the key.

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International Adoptions: Adopting a Haitian Orphan

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By Ana Jackson, Reporter for NBC4

COLUMBUS, Ohio

The United Nations Children’s Fund estimates there were 380,000 Haitian orphans before the devastating earthquake. Now it’s believed that there are thousands more.

But opening your home to a Haitian orphan isn’t as easy as you might think, considering the need for adoptive families.

“You’re not just going to be able to wake up and say I’m adopting a child today,” said Tommy Taneff, a local adoption attorney.

While there are plenty of orphans available, Taneff says working through the Haitian government to get the process going will be difficult.

“There are lawyers that are missing that are dead, judges that are missing that are dead, and paperwork that is in shambles as well,” said Taneff.

Taneff explains that’s not the only roadbump. He says getting pre-approved for adoption is a long and cumbersome process, especially for international adoptions. You could spend up to two years and up to about $45,000 trying to rescue an orphan, despite the fact that some have already been airlifted to the United States. Taneff says the orphans who were brought to the states have been in the pipeline for adoptions and their paperwork is almost completed.

If you’re willing to take on the challenges of adoption, Taneff points out that young Haitian children aren’t the only ones who need homes.

“It’s those teenagers that need families that have the highest risk of getting drug into the sex trade, alcoholism and prostitution,” said Taneff.

Taneff says if you’re going to pursue an international adoption, make sure you work with an attorney or agency that is familiar with the process. Ask for references and check licenses to make sure an attorney or agency is credible.

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Local Couple Heartbroken After Adoption Scam

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By Ana Jackson, Reporter for NBC4

DELAWARE, Ohio – Imagine being an adoptive parent, just weeks away from receiving a child from a birth mother, only to find out the mother was never pregnant.

It’s a scheme that has fooled and broken the hearts of Midwest couples.

Shawn and Laura Mickens fell victim to the scheme.

They have been searching for a baby for the last 18 months and already lost out on a previous adoption opportunity.

So when they saw an ad for a local birth mother who was supposedly due in three weeks, they jumped at the chance and scheduled a meeting right away.

“She got so attached to us. She was rubbing her belly, calling it by the child’s name even though she wasn’t really pregnant. She just looked pregnant,” Shawn said.

The couple said the mother agreed to sign all of the paperwork necessary for the adoption but then suddenly stopped calling.

The Mickens posted their story on online adoption forums and found that nine other couples had fallen victim to the very same scheme.

“We’re trying to give a child a good home, and she’s ruining the adoption process for these families. She’s breaking their hearts and making them think twice if they really want to do this,” Laura said.

Adoption attorney Tommy Taneff said similar schemes are rare, but couples should always do their homework on a birth mother.

He said couples should run background checks and do Internet searches and always should work with an adoption attorney to prevent problems.

The Mickens said they will continue to pursue adoption despite the disheartening scheme.

In the meantime, they are working to get the word out about the scheme.

They said local authorities decided the case was too weak to pursue in court.

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The Estate Tax is Gone (for Now) – Estate Plan Updates are Imperative

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Written By Greg Herman-Giddens on North Carolina Estate Planning Blog and Published by TrustCounsel

It’s 2010!  For the past nine years, the federal estate tax rules have been changing and they shifted again on January 1, 2010. As of that date, the federal estate tax has been repealed, although it is scheduled to return in 2011 with a $1 million exemption and 55% rate. For this year, there is complicated alternate tax regime that allows executors to apply up to $1.3 million in basis to (with an additional $3 million for a surviving spouse) to assets of a decedent to avoid capital gains tax upon sale of the assets. Because of the the changes and uncertainty about possible retroactive imposition of the estate tax for this year, virtually everyone with assets in excess of $1 million should have their estate plan reviewed.Bypass Trust Arrangements May Need Tweaking

One example of the need for an updated estate plan occurs when a married couple has set up a bypass trust arrangement in their wills or living trust documents. (Bypass trusts are also commonly called credit shelter trusts).

The main purpose of a bypass trust is to allow both spouses to take advantage of their respective federal estate tax exemptions. Typically, assets with value equal to the current exemption amount are automatically put into the bypass trust when the first spouse dies. The trust is created at that time and is irrevocable.

The beneficiaries of the trust are designated by the first spouse to die, and the assets used to fund the trust come out of that person’s estate when death occurs. Typically, the trust beneficiaries are that person’s children and/or grandchildren.

Since the first spouse to die designates the beneficiaries of the bypass trust, the assets used to fund the trust are included in that person’s estate for federal estate tax purposes. However, no federal estate tax is due because that person’s estate tax exemption provides sufficient shelter.

The surviving spouse can be given money from the bypass trust to meet his or her reasonable financial needs. When the surviving spouse passes away, the remaining assets in the bypass trust go the beneficiaries of the trust (such as the children and/or grandchildren).The Potential Problem

Most wills and trusts don’t state a specific value for the assets that will be used fund the bypass trust. Instead, the language effectively states that assets with value equal to the current federal estate tax exemption amount will be placed in the trust. But with no estate tax in effect, this arrangement will not work. Also, such provisions do not have the flexibility to take into account income tax issues as well. Alternate provisions are necessary to take advantage of current laws in the event the estate tax is not reinstated retroactively, and the possibility of a future estate tax exemption of anywhere from $1 million to $5 million.The Bottom Line

Throughout your life, your estate plan will have to be altered at times due to tax changes and other events. Some situations are inherently unpredictable–like winning the lottery or losing a bundle in the stock market. However, it’s a fact that the federal estate tax laws are in flux and proper planning is needed. Therefore, don’t delay contacting consult your estate planning attorney about whether you need to take action.

As of January 1st, the federal estate tax is no more and it may mean that you should revise your estate plan and related documents. Anyone with total assets over $1 million (including face value of life insurance, retirement, home equity, etc.) should make make sure there estate plan is up to date. Click “Continue Reading” to find out what the change involves, what happens next year, and what steps you might want to take now to ensure your wishes are carried out.

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Name droppers – Record number of Franklin County folks ask court to OK altered appellations

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By Jeffrey Sheban with The Columbus Dispatch

More Franklin County residents than ever are ushering in the new year with new names.

Through November, 756 requests for new or modified names had been filed in Probate Court, already surpassing the county’s previous record, set last year, of 743.

Franklin County is on pace to wrest the informal title of “Ohio’s name-change capital” from Cuyahoga County, the perennial leader in moniker modification.

Experts aren’t sure what’s driving the numbers, although it could be a combination of population growth; requests for hyphenated names after marriage or divorce; adoption and child-custody issues; and, perhaps, the sour economy.

Escaping creditors is not a valid reason for a name change in Ohio, but some name watchers suspect that the current economic climate is tempting at least a few people to resurface as someone else.

“Do I think there might be a minimal increase because of debt problems? Absolutely,” said Columbus lawyer Thomas Taneff, who specializes in probate and adoption cases.

More than 90 percent of all requests for new names are granted, said Ricardo Banner, Probate Court deputy clerk. The cost to file is $108 in Franklin County, and no lawyer is required.

“Overwhelmingly, they’re approved,” said Probate Judge Eric Brown, whose office includes seven magistrates who review and rule on most requests. Brown weighs in when changes are contested or controversial.

Newlyweds and divorcees don’t require a trip to court if their name changes occur immediately and don’t involve hyphens. For example, the Jane Smith who marries John Doe would automatically become Jane Doe — but not Jane Smith-Doe.

In Probate Court, many name changers are divorced women who kept a married name for several years, possibly to raise children, and then reverted to a maiden or hyphenated name once the children were grown, said Bill Reddington, the court’s former chief magistrate.

Lisa Ludwig of Pataskala got divorced in 1994 and kept her former husband’s name while raising their teenage daughter.

“If I would have taken my maiden name back and she had kept her father’s name, it just would have been one more stigma for her to deal with,” Ludwig reasoned.

When Ludwig went to Probate Court several years later to legally restore her maiden name of Black, she balked at the fee.

“That’s my name — the name I was born with,” she said. “On principle, I didn’t think they should charge me for that.”

Ohio law sets forth a few basic requirements: Applicants must have lived in a county for 12 months before applying for a new name and must file notice of a pending change in a general circulation newspaper, which isn’t covered by the $108 fee.

Although Brown, who joined the court in February, hasn’t faced any outrageous requests, some of his predecessors have. In those cases, judges and magistrates are guided by case law and common sense.

Ten years ago, Robert William Handley of the South Side sought to legally change his name to Santa Robert Claus, which was denied in 2000 in part because the magistrate didn’t want children to one day have to read an obituary for Santa Claus.

“I thought it (the name change) would be fun,” said Handley, 63, who sports a natural white beard, weighs 350 pounds and makes social and professional appearances as St. Nick.

“I wanted to be able to pull out my ID and say, ‘Ho-ho-ho!’ ”

In 1999, another city resident sought to change his name to Jesus Christ because he thought it went well with his company’s name — the Government of the Kingdom of God, which, he said, he formed at God’s direction.

In rejecting the request, the magistrate said he wanted to save the man from his own bad judgment.

“Human nature being what it is, it is more likely that the change . . . will subject him to public ridicule and derision,” the magistrate wrote.

In 2005, a man living in a Near East Side homeless shelter petitioned the court to re-brand himself Lucifer, Lucifer, Lucifer.

His reasoning: “Upon contineuos study eyo have discovered that the Hebrew definition for ‘Lucifer’ is enlightener, so for (the) remainder of mine years on this plane of existence eyo should desire to be so.”

The magistrate ruled that Lucifer was a “domain name that is widely recognized and cannot be used exclusively by an individual for an individual identity.”

The official offered to let the man use Lucifer as a first or middle name, but the applicant said: Heavens, no.

Case dismissed.

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Americans for Open Adoption Records

Filed under: Adoption Tags: ,

Written By Rose M. Garland and posted on NewsBlaze.com

Americans for Open Adoption Records posts about reasons why any adopted person should have access to their own adoption records. Adoption records can be illuminating for an adoptee. They may show information that most non-adoptees take for granted, such as race, single or twin birth, other siblings, mother and father’s names (if available), and also some potentially important medical history.

I knew my birth-family for the almost 11 years I spent in foster care until my official adoption at 14. Therefore, I have had access to medical information and medical history that may not be accessible to many American’s who were adopted at much younger ages, or who were a part of closed adoption proceedings. However, my younger birth sister was adopted young and part of closed adoption proceedings. She already had 3 children before I met her in her 20’s, and was able to tell her to screen for Epilepsy. Her oldest child had already had a severe seizure and because of this knowledge, she was armed with the knowledge to screen her other children for Epilepsy and for other genetic diseases.

An adoptee has the same right to know their medical history as anyone else does. If the adoptee is aware of heart disease or diabetes in their immediate birth family, they can be forewarned to be screened for these illnesses. A woman might want to know if there are genetic triggers that may complicate a pregnancy. Open adoption records would be helpful for doctors who would have a basis to go on when treating patients who were adopted.

Even something as simple as knowing your race or races can be a huge advantage. There are different illnesses that certain races are more susceptible to than others. I cannot imagine any person not wanting to be forewarned about potential health risk factors.

Sometimes records contain information that is not health-related, but gives the adoptee information they may not have expected. For example, I was able to view my own adoption records, and was touched by some of the information in them that I had never known.

Social workers have chronicled my life almost as long as I have been alive. One excerpt from my own record was, “Rose is almost 3 years old. She is a quiet child who tries to take care of everyone. She follows her mom around and mimics her actions, including trying to vacuum. She tries to get her mother to sit down while she takes care of her.” This is interesting to me, because I was put into foster care just after that. The information from this record, not only gave me a childhood story that I’d never had, but taught me more about the reasons that the removal into foster care was a necessity for my own well-being.

AMFOR and organizations like this, have a worthy purpose. Knowing what is in your adoption records is one more step into knowing important information about who you really are.

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Estate Planning: 5 Ways to Avoid Probate and Trust Litigation

Written by Doc Noob and posted on HealthNoob.com

Litigation after the death of a loved one is never easy. It often pits relatives against relatives and can be very stressful. It is not something you want to happen when your loved ones are already dealing with their loss. How can you make sure your loved ones don’t fight or become involved in litigation over your estate?

Here are some things you can do to help avoid litigation:

1. Communication.  Inform your heirs if you are making a distribution that is “not natural.” A “natural” disposition is when you leave your estate to your heirs such as your children and grandchildren. An “unnatural” disposition is where you disinherit your natural heirs and leave your entire estate to someone you have known for 6 months, for example, or a caregiver, or other distant family members or charities. It is of course up to you who you choose to inherit your estate but it will help to avoid discord later if you tell your heirs what you are doing. You can discuss it with them or leave them a letter of explanation. Litigation develops when the individuals who thought they would be receiving an inheritance find out after your death that they were disinherited or will not be receiving an asset or a portion of your estate that they thought they were getting. So if you do want to exclude a child, for example, or make an uneven distribution of your estate among your children, tell them about it or in some manner explain it so it doesn’t come as a complete shock.

2. Have properly prepared legal documents. Make sure your estate planning documents are properly prepared. So often, litigation arises because of wills or trusts that were not properly drafted in the first place. If you are concerned about someone contesting your will or trust, you certainly don’t want to do it yourself or use a “trust mill” or online service. You want customized properly drafted documents so there is no ambiguity as to your wishes. Also, most estate planning lawyers also do trust administration. Frequently it is the case that surviving family members will call the lawyer that drafted the estate plan, so choosing a trusted lawyer that you can work with during your lifetime may also be someone that can assist your family upon your death.

3. Keep your estate planning documents up to date.  If you have neglected to update your trust to add or remove beneficiaries after a death, divorce, or other changed circumstance, or worse yet, neglected to change payable on death designations, you are asking for trouble. An up to date estate plan (which includes a trust, pour over will, and powers of attorney for asset management and health care) makes it less likely for uncertainty upon your death. Also necessary as part of the periodic review of your estate plan is to have the beneficiaries updated as necessary on life insurance polices, IRAs, pension plans, etc. The last thing you probably want is your ex-spouse receiving life insurance benefits when you were divorced 10 years ago.

4. Include “no contest” clauses in your estate planning documents.  Most wills and trusts have a “no contest” clause. This can discourage disputes over a will or a trust because it provides that someone who contests certain provisions in your estate plan will not be entitled to an inheritance. Depending on where you live, some “no contest” clauses can be easily overcome.

5. Don’t forget to provide for your personal property.  Dividing up personal property and family heirlooms is another area which, believe it or not, can become a battleground. Family members sometimes hold up the rest of the estate administration over property that has little monetary value but has great sentimental value. Unless you have left specific instructions, your personal property will be divided up among the beneficiaries. But how does you executor or trustee know how to determine an equal distribution of items that have sentimental value? What do you do if both daughers want (and may have been promised) grandmother’s ring? If you have personal property and you want it to go to a certain family member or a friend, there are several ways to do it. You can make a specific bequest of an item in your will or trust. This is a preferable way for items of value. You can also execute a personal property memorandum listing each item and who is to receive it. This can be changed or added to at any time before your death. There are even online auction sites that will divide up the personal property among family members if you sign up before your death.

Taking the time to incorporate some of these ideas into your estate planning can avoid disputes over your estate that are not only costly in terms of money but also in terms of family harmony.

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Thomas Taneff | 600 South High Street, Suite 201 | Columbus, Ohio 43215 | Phone: (614) 241-2181 | Fax: (614) 241-2160