Adoption Facilitators in California
Written by KS
Last Updated: Friday, 24 July 2009
Page 1 of 3
Adoption Facilitation is regulated by the
California Family Code SECTION 8623-8638
Adoption Facilitators are now regulated by the state of California. California
Adoption Facilitators must be registered with the "California Department of Social
Services" and must meet all of the following requirements: (1) possess a current
business license, (2)post a surety bond, (3) meet specific education and experience
requirements and (4) undergo a criminal background check.
An Adoption Facilitator must always represent their services to the public as that
of a Facilitators and NOT an adoption agency. Besides the Family Code, General
Business and Contract law govern their activities just as in most businesses that
are not health, insurance, law, or businesses requiring special forms of regulation.
Most facilitators have been involved in the adoption process for many years and can
guide a family through many adoption obstacles while making the adoption plan.
Facilitators are NOT agencies, family councilors, or legal representatives.
The legal system must be involved in the adoption process no matter what state
you are from or adopting in regardless of the fact a facilitator is involved. This
means there will be attorneys representing both the family wishing to adopt and
the birth parents wishing to relinquish a child for adoption as well as a court
system. It is the attorneys who are responsible for advising the families of their
rights and obligations. The attorneys and child protective services or other
regulatory agencies must address the issues of compliance with adoption laws and
advise the parties involved. A facilitator will not be able to give advice in these
areas, however they may direct you to the proper places to get official answers
when needed. Facilitators DO NOT practice adoption law. Attorneys licensed in
the state of the adoption will be the adopting family's and the birth parents
resource for the laws of that state.
In some cases, even though you have used the services of a facilitator to assist in
your adoption plan, an adoption agency may become involved in the process as well
as your attorney. These are legal issues that are best addressed by your legal
representative.
Adoption Facilitators DO NOT give legal advice about adoption. The attorney you
wish to complete your adoption must answer your legal questions. A facilitator
may give you a list of attorneys they have worked with in the past and know to be
qualified in the state you wish to adopt.
The same direction applies to social or adoption counseling for birth parents as it
does to attorneys. A Facilitator may assist you with a list of councilors they have or
are working with or let you know how to find qualified services in this area for your
adoption plan, at your request or the request of the birth family. Facilitators DO
NOT perform the function of counselor to the birth parents, where the laws of the
state require specialized certifications.
(continues)
Last Updated: Friday, 24 July 2009
Page 1 of 3
Adoption Facilitation is regulated by the
California Family Code SECTION 8623-8638
Adoption Facilitators are now regulated by the state of California. California
Adoption Facilitators must be registered with the "California Department of Social
Services" and must meet all of the following requirements: (1) possess a current
business license, (2)post a surety bond, (3) meet specific education and experience
requirements and (4) undergo a criminal background check.
An Adoption Facilitator must always represent their services to the public as that
of a Facilitators and NOT an adoption agency. Besides the Family Code, General
Business and Contract law govern their activities just as in most businesses that
are not health, insurance, law, or businesses requiring special forms of regulation.
Most facilitators have been involved in the adoption process for many years and can
guide a family through many adoption obstacles while making the adoption plan.
Facilitators are NOT agencies, family councilors, or legal representatives.
The legal system must be involved in the adoption process no matter what state
you are from or adopting in regardless of the fact a facilitator is involved. This
means there will be attorneys representing both the family wishing to adopt and
the birth parents wishing to relinquish a child for adoption as well as a court
system. It is the attorneys who are responsible for advising the families of their
rights and obligations. The attorneys and child protective services or other
regulatory agencies must address the issues of compliance with adoption laws and
advise the parties involved. A facilitator will not be able to give advice in these
areas, however they may direct you to the proper places to get official answers
when needed. Facilitators DO NOT practice adoption law. Attorneys licensed in
the state of the adoption will be the adopting family's and the birth parents
resource for the laws of that state.
In some cases, even though you have used the services of a facilitator to assist in
your adoption plan, an adoption agency may become involved in the process as well
as your attorney. These are legal issues that are best addressed by your legal
representative.
Adoption Facilitators DO NOT give legal advice about adoption. The attorney you
wish to complete your adoption must answer your legal questions. A facilitator
may give you a list of attorneys they have worked with in the past and know to be
qualified in the state you wish to adopt.
The same direction applies to social or adoption counseling for birth parents as it
does to attorneys. A Facilitator may assist you with a list of councilors they have or
are working with or let you know how to find qualified services in this area for your
adoption plan, at your request or the request of the birth family. Facilitators DO
NOT perform the function of counselor to the birth parents, where the laws of the
state require specialized certifications.
(continues)
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