Adoption in West VirginiaWest Virginia is "the Mountain State," and is indeed home to the Appalachian mountains. In West Virginia, any adult may adopt, and unlike many other states, they allow same sex couples to adopt. Adopting Families may provide financial assistance to the Birth Mom for medical, legal and and counseling expenses. Fun fact: West Virginia is only a days drive from 75% of the U.S. population.
Home Study Providers in West Virginia
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Traveling For Your Adoption in West Virginia
Length of ICPC
in West Virginia
West Virginia adheres to the Interstate Compact On The Placement of Children (ICPC) – a uniform law in all 50 States that establishes procedures for the interstate placement of children. The ICPC also places specific responsibilities on those involved in placing the children. The three principle goals of the ICPC are to:
Protect the children being placed.
Ensure that they receive the services they need.
Facilitate permanent placements for those children who are in state custody
Adoption Law FAQ in West Virginia
Adoption Law Info
Who Can Adopt?
Singles and married couples jointly or with consent from his/her spouse.
Can out-of-state residents finalize an adoption?
Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, but only the state or a licensed child-placing agency may accept fees for customary services.
What birth parent expenses may be paid, and in what time period?
Medical, legal, counseling.
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
Upon signing of an irrevocable consent, except in case of fraud or duress. Return automatic.
Qualifications for Adoptive Parents for adoption
Citation: Code of State Regs. §§ 78-2-13; 78-2-20
Adoptive parents shall be nurturing, responsible, patient, stable, flexible, mature, healthy adults capable of meeting the individual and specific needs of children placed with them. Newly approved adoptive parents shall be no younger than age 21 and no older than age 65 unless a waiver is granted by the secretary.
Adoptive parents must provide documentation that:
• They are in good health, free of communicable diseases, and have had a tuberculin risk assessment or skin test.
• They have sufficient income and financial resources to meet their financial obligations.
As a condition of approval, an agency shall require that each adoptive parent participate in a specified training curriculum. An agency shall develop and implement a written plan for the training of adoptive parents, including preplacement training and child-specific training.
Home Study Info
Elements of a Home Study for Adoption
Citation: Code of State Regs. §§ 78-2-13; 78-2-15; 78-2-16
Adoptive parents shall provide the agency with the names at least four references from persons who are not related to them. The agency must interview at least three of the references. Prior to approval, all adult household members shall undergo criminal background checks and checks of child abuse and neglect records.
The agency shall ensure that the physical facilities of an adoptive home present no health or safety hazards, and that they are sufficiently clean and comfortable to ensure the well-being and respect of the family in the community. The adoptive home must comply with the same standards used to approve foster family homes.
The home study must include a minimum of one individual in-person interview for each parent and two joint interviews.
The study shall describe and evaluate aspects of the home and family and shall include:
• The composition of the household and intra-family relationships
• The familyâs attitudes, values, and level of understanding of child development
• The manner in which the family handles conflict, stress, and frustration
• Individual and family hobbies, recreation, community activities, and social life
• Each parentâs personal history, attitudes, feelings, and values
• The parentsâ financial situation and motivation to adopt
• An assessment of the adoptive parentsâ ability and willingness to make a lifetime commitment to the adopted child and their understanding of the legal rights of the adopted child
Grounds for Withholding Approval for Adoption
Citation: Code of State Regs. § 78-2-13
An agency shall not approve an adoptive home:
• If the adoptive parents have health, behavior, or emotional or psychological problems that may endanger the wellbeing of a child
• Unless all references for the foster and adoptive parents are positive in nature
• If any household member has any convictions other than minor traffic violations
When Home Studies Must Be Completed for Adoption
Citation: Code of State Rules §§ 78-2-16; 78-2-19
A comprehensive written home study must be completed prior to placing a child in the home.
For adoptive parents who have not had a child placed with them, the agency shall evaluate them annually and complete a narrative summary that includes:
• An update of each of the parentsâ biographies and any changes in their circumstances or attitudes about adoption
• A recommendation for any changes in the adoptive parentsâ conditions of approval
Postplacement Study Requirements for Adoption
Citation: Code of State Rules § 78-2-23
Following placement of a child in an adoptive home, the agency shall provide support services, including:
• An initial telephone contact within 72 hours of placement and an initial visit within 1 week of placement
• A minimum of six visits during the placement, at least four of which are in the home of the adoptive parents
In a two-parent family, both parents must be involved in at least three visits. Additional visits may be made on a frequency determined by the needs of the child and the adoptive parents. Visits shall include all household members, and the child shall be observed during each visit. If the child is old enough to carry on a conversation, the caseworker must conduct an interview with him or her in private during each visit.
The agency shall continue to provide support services for a minimum of 6 months or longer until permanent placement of the child is achieved. If the child is in the adoptive home as a foster care placement, the period of support services can include the time spent in the adoptive home in foster care. The agency shall provide a final visit with the adoptive family to review the adoption process prior to finalizing the adoption.