Greg Sutphin

Arizona Establishes Cabinet-Level Child Safety and Family Services Division

Arizona Creates Cabinet-Level Division to Monitor and Enforce Child Safety and Family Services

In 2014, Arizona Governor Jan Brewer followed the precedent set by 10 other state chief executives, disbanding the state’s child protective services, seeking to replace it with an independent agency that would report directly to the governor’s office. Governor Brewer used an executive order to abolish the existing child protective services, and temporarily created a cabinet-level division, known as the Division of Child Safety and Family Services.

Lawmakers on both sides of the aisle acknowledged that Arizona’s system for protecting children was woefully inadequate. Reports had surfaced that the former agency had a backlog of more than 6,500 child abuse and neglect reports that had not been investigated. Calling the Arizona child welfare system “broken” and “impeded by years of structural and operational failures,” Brewer named the current director of the Department of Juvenile Corrections, Charles Flanagan, to serve as head of the cabinet-level agency.

Brewer made it clear, however, that she did not want this to be the end of the restructuring. She asked lawmakers to consider legislation that would create a standalone agency focusing on providing aid and assistance to families in distress, as well as children who are victims of abuse or neglect.
Governor Brewer issued her executive order in January, 2014, and met with legislators in March to discuss efforts to put a new Department of Child Safety in place. She has also asked the Arizona legislature to appropriate $128 million to fund the agency for a four-year period.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Foster Care Advisory Group Recommendations

Ohio Advisory Group Makes Recommendations to Attorney General

In late 2012, Ohio Attorney General Mike DeWine put together a panel known as the Foster Care Advisory Group, a collection of child welfare expert tasked with taking a close look at the state’s child welfare system, and with making specific recommendations to increase the safety and well-being of children in foster care in Ohio. In April, 2013, that committee came back to DeWine with the following recommendations:

Reduce the number of times that a child goes in and out of foster care
Provide more funding for child welfare
Allow foster parents to actively participate in all court proceedings related to foster care. The panel acknowledged that this would require some special training for foster parents, so that they could maximize their effectiveness in the process. The panel also proposed that foster youth have a more active voice in the legal process.
Enforce the rules established for guardians ad litem—The panel found that there were many instances where guardians ad litem had failed to follow Rule 48, which sets minimum expectations for guardians ad litem. As a consequence, many children in Ohio did not receive adequate legal representation.
Provide mentors for foster youth—Experts acknowledged that one of the most difficult periods in the life of a foster child is the transition from youth to adulthood. The panel recommended putting a mentoring program in place to provide guidance at this critical juncture.
Allow children in foster care to live a normal life—The panel found that many children in foster care were not granted the same opportunities and privileges as biological or adopted children, making it difficult for them to socialize and develop skills for success as adults.
Narrow the use and application of Planned Permanent Living Arrangements—Ohio places too many foster children in Planned Permanent Living Arrangements, where they are not eligible for adoption, and will seldom be reunified with their families, virtually assuring that they will become adults without ever having a safe and permanent family situation.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Bureau of Indian Affairs – Revised Guidelines

On February 25, 2015, the Bureau of Indian Affairs of the United States Department of the Interior issued revised guidelines involving the placement of Indian children into foster care or the termination of parental rights so that the child could be placed for adoption.

Those guidelines are to supercede those that had been in effect since 1979. The purpose of the Indian Child Welfare Act as adopted by Congress in 1978 was to prevent the removal of children from Indian reservations when there had been suspected or reported abuse and neglect. Children who were removed were often placed with families who did not live on the reservation, or with families who were non-Indian. After the adoption of the ICWA, the Bureau of Indian Affairs with in-put from many tribes, groups, and other organizations developed guidelines that state courts could apply when dealing with such cases. One exception to many of the guidelines involved a voluntary placement for adoption.

After the Supreme Court of the United States decision in the case of Adoptive Couple v. Baby Girl, 133 S. Ct. 1521 (2013), which limited the reach of ICWA and which appeared to limit a tribe’s ability to assert rights over a child who had never been registered with a tribe, lived on a reservation, and/or whose parents had never done so, a push was made by a number of the Indian tribes to have the guidelines revised.

The guidelines that have been published, and which are only guidelines and are neither statutory law nor federal regulations, are problematic at best. While they attempt to clarify certain issues, the guidelines suggest certain procedures, notices, and standards that seem to be far beyond that which is authorized under the Indian Child Welfare Act. These guidelines were issued without a draft having been submitted for public comment, and since they are guidelines only, it is likely that many courts will reject them. Of greatest concern is that the guidelines now say that the best interest of the child as well as prior bonding and attachment circumstances are irrelevant since the most important thing is the best interest of the tribe. For those of us involved in family formation and in protecting children, we have very real concerns about this approach since it appears to violate the constitutional rights of privacy and due process of parents and children, and to classify children as mere “possessions” as opposed to human beings with rights of their own.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Gestational Carrier – Sherri Shepherd Case

The news media has been carrying stories almost weekly if not more often, about T.V. personality, Sherri Shepherd, and her court case involving a gestational carrier.

As has been reported in the media, Sherri Shepherd and her husband entered into a written agreement with a woman to serve as a gestational carrier for them in order to create a family. They obtained an egg from an anonymous donor which was fertilized with the sperm of Shepherd’s husband. The embryo was transferred to the gestational carrier. Six months into the pregnancy the couple apparently separated. From that time on Ms. Shepherd decided that she did not wish to parent the child who would not be biologically related to her despite the fact that they had entered into the gestational carrier agreement. The child was born and is currently being raised by the father who is now in California. Since Ms. Shepherd would not proceed with obtaining a pre-birth order in Pennsylvania where the child was born, the gestational carrier’s name is on the birth certificate as being the child’s legal mother, despite the fact that she is not genetically related to the child.

Litigation is currently taking place in Pennsylvania as to the validity or enforceability of the contract since there is no law on the books that guides this. In the meantime the question of child support and insurance coverage is at issue as to whether Ms. Shepherd is obligated to provide it.

This case points out the necessity of having laws in place that specifically guide all parties with regard to gestational carrier arrangements. This is extremely important since all parties should know what the respective rights of each will be, but most importantly so that any child created from a gestational carrier arrangement will have certainty and will be protected. Many states are now enacting such legislation which certainly will benefit all parties.

The gestational carrier was recently quoted in the media as saying, “I don’t want this to happen again to any other woman because what happened gives surrogacy a bad name, and it’s not a bad thing. We give families the gift of life. I can’t wait for it all to be over.”

Contact Adoption Attorneys Cofsky & Zeidman, LLC

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at ((856) 845-2555 in Woodbury, NJ, or in Philadelphia, PA, at (215) 563-2150.

New Jersey Appeal Court issues opinion on the Indian Child Welfare Act

In February 2015 a three judge panel of the Appellate Division of the Superior Court of New Jersey issued an opinion involving application of the Indian Child Welfare Act and the requirement to notify an Indian tribe of a pending involuntary termination of parental rights.

The New Jersey Division of Child Protection and Permanency sought to terminate the parental rights of a birth mother who had a long history of drug use and other mental conditions. Although the birth mother had advised the court of family members who may have been members of a recognized Indian tribe, specifically a Cherokee tribe, she could not give specifics as to which tribe or possibly the full names of the family members. She herself had never been registered with a tribe nor had she lived on an Indian reservation.

The trial court found that the statutory standards had been satisfied and terminated her parental rights. On appeal the Appellate Division, while agreeing that the standards for termination had been met under state law, nevertheless found that there had been enough information given that triggered the notice requirement to the tribe under the Indian Child Welfare Act. The court held that the state was required to attempt to follow up on the information received in order to notify the tribe of its right to intervene in the proceeding. The court sent the case back to the trial court with instructions to perform the required search and notification if possible, along with additional instructions if the tribe were to intervene.

This case serves as notice to all petitioners and individuals involved in adoption where there may be eligibility for tribal membership to follow the requirements under ICWA. It is important to note, however, that this was in the context of an involuntary termination of rights as opposed to a voluntary termination of rights which, if all of the requirements are fulfilled, does not require notification to a tribe under ICWA.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

What to Consider When Adopting a Toddler

The Challenges of Adopting a Toddler

While many adoptive parents want only newborns, statistics show that nearly half of all domestic adoptions (47%) and a majority of international adoptions (59%) involve children between the ages of one and four. Authorities say that, with the large numbers of children between the ages of six and 12 months who are adopted from China every year, the likelihood that adoptive parents will bring home a child who has already adapted to another environment are substantial. And they caution prospective birthparents—even children between six and 12 months of age have the awareness to understand a change in circumstances. For the parents, it almost always gets built up to be a joyous occasion, but for the child, according to one adoption specialist, it can feel like “being kidnapped.” And the older the child, the more difficult the transition.

If you are considering adopting a young child, instead of an infant, here are some factors to consider:

The child will most likely engage in extreme behaviors—You need to understand that you have taken the child from everything that he or she knows, that has provided any sense of connection or security. The child feels the loss, but lacks the verbal and cognitive skills to communicate that to you. Accordingly, he or she relies on the only tools available—expressions of behavior. Your adopted child may cry for hours on end, break things or act aggressively toward other children, pets or you. You will have to have a great deal of patience.
Do you have the physical stamina to keep up with a small child? A typical response by a toddler to a change in environment is to seek constant attention. Your adopted child may want to be held all the time or may want you to play with them on a regular basis. They may be overwhelmed by curiosity, getting into everything.
What are your expectations regarding basics, such as toilet-training and sleep patterns? What was the nature of the care the child received before adoption? Were they neglected? If so, they may be developmentally lagging.
Who can you turn to for help? There will come times when you are at your wit’s end. Do you have a strong family or other type of support network? You’ll need it.
What will the impact be on existing family members? If you already have children, you need to consider how they will respond to having another child in the house. If appropriate, consider involving them in the adoption process.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Questions to Ask a Potential Birthmother

Getting the Information You Need from a Prospective Birthmother

When you are considering adopting an infant, and have learned about a potential birthmother, you may have a lot of questions, the answers to which will help you determine whether the relationship is a good fit. Experts advise caution as you gather information from a potential birthmother. Stigmas remain, and many birthmothers have extreme anxiety about the ways that they are perceived by prospective adoptive parents. You want to be careful that your effort to learn as much as you can doesn’t feel like an interrogation. With that in mind, here are some of the key questions to ask (as well as some questions not to ask) a potential birthmother.

Questions You May Want to Ask

The first, and perhaps most important, question relates to the mother’s due date. You need to know, so that you can plan accordingly. You will also want to know if she’s working with an adoption agency of any kind (unless you met her through your agency). If the birthfather is not part of the conversation, you should ask how he feels about the pregnancy, as well as the idea of adoption.

It’s appropriate to ask when the birthmother first started considering putting the child up for adoption, and how she came to work with the agency or attorney in the case. You can also ask if she knows anyone who has placed a child for adoption, or was adopted.

It’s also a good idea to ask about prenatal or medical care. What type of care has she received? Apart from being pregnant, has she had any other health concerns in the last few months?

Questions You Don’t Want to Ask (Directly, at Least)

There are some questions that, though they may be necessary, should not be asked directly of a birthmother, including whether she was raped, or whether she has used drugs during the pregnancy. These questions can be asked by a third party, such as the agency or attorney. Don’t query the mother on the nature of her sexual activity—if it’s important to know how many men might be the father, the agency or attorney will gather that information. And don’t ask her if she’s considered changing her mind about the adoption—it will only likely make her feel worse.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Best Practices When Working with Prospective Birthparents

How to Work Most Effectively with Prospective Birthparents

When you are seeking to adopt an infant, one of the most harrowing aspects of the process can be the uncertainty involved. Even though you may have met with the prospective birthmother, and feel that you have a relationship of trust, the birthmother can still change her mind, even after the child is born. Statistics show that approximately one-third of adoptive parents have at least one failed adoption effort.

A recent study by Building Your Family asked birthmothers to identify the principal reasons they decided to go through with the adoption of an infant. Here were their responses:

Almost universally (95%), the birthmothers said that the ability to screen and choose the adoptive parents made a critical difference.
An overwhelming majority of birthmothers (84%) told researchers that the ability to communicate with the adoptive parents before the adoption, whether by phone, e-mail or in person, made them much more inclined to go through with the adoption
A majority (60%) cited access to post-adoption services, such as counseling, participation in support groups, and periodic updates about the child, gave them the confidence to complete the process
Nearly one in two (47%) said that counseling was essential to completing the process
A quarter of the respondents stated that having the ability to talk with other birthmothers who had made an adoption plan convinced them that it was the right thing to do
One in five (22%) said their decision was based in part on the willingness of the agency or adopting parents to pay medical expenses.

Experts say that, if you want to maximize the chances of successfully working with a prospective birthparent, make certain that the above issues are either discussed or are a part of the process.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Independent Adoption: An Overview

Adopting a Child without Using an Agency—The Benefits and Risks of Independent Adoption

Though public perception often seems to indicate that most families seeking to adopt work with an adoption agency, statistics show that private or independent adoptions are far more common. Though five states require the use of an adoption agency, agency adoptions typically account for only one in every three adoptions in the United States.

So what is a private or independent adoption, and what are the factors you need to consider?

In an independent adoption, the adopting parents will typically retain the services of an adoption attorney, who will advise them and help ensure that all legal requirements are met. The lawyer will make certain that all appropriate documentation is filed with the courts, will guide the adopting parents with respect to the home study, and may even assist the adopting parents in the search for a child. The attorney’s role varies from state to state, but customarily involves representation at all hearings, as well as the negotiation of any payments by adoptive parents to birth parents.

The identification of a prospective birth mother, or the location of a child, represents one of the single biggest differences between independent and agency adoptions. With an agency, you generally rely on agency employees and contacts to help you locate a birthmother. In an independent adoption, you must do that yourself. There are many ways that can be done, either through websites, advertising in periodicals, or networking with individuals and professionals who have access to potential birthmothers.

To legally adopt a child, you must obtain the birthparents’ consent to relinquish parental rights. When an agency is involved, the birthparents give up parental rights to the agency. However, in the absence of an agency, parental rights are relinquished to the adopting parents.

The Benefits of Independent Adoption

Statistics show that birthparents prefer to give up a child through a private adoption, rather than an agency adoption. Agency adoptions tend to be more rigid, and birthparents often feel they have less control of and involvement in the process. In addition, with an independent adoption, a child can be transferred directly to the adopting parents. There is no risk of temporary foster care.

The Risks of an Independent Adoption

There are generally three major risks when you seek to adopt a child privately:

First, the adoption is not final until the court order is entered. Even if you find a match, and even if you are present when the child is born, the birthmother can still change her mind until the court issues its order.
Second, even though more birthmothers prefer independent adoptions, it can still take a long time to be chosen by a birthmother—average wait times are between 12 and 18 months.
Finally, the costs are highly unpredictable, ranging from $10,000 to $35,000

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Adopting an Older Child

Tips for Dealing with the Challenges of Adopting an Older Child

If you’ve decided to adopt an older child, you’ll find that there are advantages and disadvantages:

There are more older children readily available for adoption
You’ll have more communication at an earlier level
Your child will likely have formed attachments or bonds to other adults
Your child will have developed good and bad behaviors

Here are some of the ways that you can help your newly adopted older child adjust more quickly to life in your home:

If your child is from another country and English is not a first language, help them learn English as soon as possible. You will be amazed at how quickly they pick it up, but the more you help, the less confused they will be.
Keep things low key and normal. Don’t try to make their lives non-stop fun or entertainment. You’ll both overwhelm them and set unrealistic expectations.
Be careful that your joy doesn’t inhibit the child from feeling his or her pain or loss—your adopted older child will experience some grief or loss, even if they were in a foster home or an orphanage. Don’t diminish that loss by acting as if everything is fine now that they are in your home. Talk with your child about what they have lost and help them understand that it’s okay for them to feel sad or hurt or whatever emotions come up.
Get pictures from the child’s past, if possible. Pictures can help a child make the transition to a new home, allowing them to keep some connection with the past as they become part of your family.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005.

Contact Adoption Attorneys Cofsky & Zeidman, LLC

Contact Adoption Attorneys Cofsky & Zeidman, LLC

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