AboutPeter C. Winkler, CSW Expertise I have experience with adoption subsidy, the Interstate Compact on the Placement of Children and variety of other adoption related matters. I hope that I can be helpful to those who are considering adoption or would like to adopt a child.
Experience I am a social worker with an MSW and I have over thirty years of experience in family and children's services. I have worked as Director of adoption services and of the Interstate Compact in a large state agency. I have also provided direct services to children and families in a preventive services program. I currently prepare adoption studies for those who are adopting domestically or internationally.
Expert: Peter C. Winkler, CSW Date: 5/4/2008 Subject: have legal gaurdianship-want to adopt
Question I have had my 4 year old niece since she was 13 months old.DHHR was going to terminate my sister's parental rights (after 2 1/2 years of no cooperation) back last summer so right before the scheduled hearing for the termination she voluntarily signed her rights away.Just a few months ago they were going to terminate the father's rights but a week before the hearing he died. A few weeks later we went to court and DHHR recommended we have full permanent garudianship and it was granted.That was 6 months ago.QUESTION #1 How hard will it be to adopt her?Will we have to have another home study and go through all that again since DHHR had all that done a long time ago? QUESTION #2 Will there still be a waiting period considering we have had her all these yaers? QUESTION#3 Given the fact that my sister voluntarily signed away her rights can she ever take her back from me? DHHR said she cannot take her and that she will never again have any rights but other people have said things that make me feel unsure.My hubby and I are the only mom and dad she really remembers.I don't know if it matters but we live in WV. Thanks in advance for any help.
Answer Hi Louis-
You have asked a lot of questions and it is hard to answer them all My overall advice is that you should go back to the DHHR staff who were involved in your niece's case originally. Ask them to advise you regarding lawyers who they work with on adoption cases. Also ask about the possibility of obtaining funds for "Non-recurring costs of adoption". If these funds are available, you might not have to pay for any legal fees out of your pocket. In addition, if you work with one of the lawyers that DHHR works with, chances are they will do a good job on the case and answer your questions. Involving DHHR will also help with obtaining the legal papers you will need to do the adoption.
In answer to your question about your sister's ability to regain parental rights, the answer is "no" provided the termination process was done correctly. If you go ahead with the adoption the judge will check to see that the termination is complete before allowing you to adopt. Chances are you will need to have some kind of adoption home study or an updated report done before the judge will complete the adoption. That report could possibly be done by DHHR staff, but you might have to pay for a social worker to do it.
If your niece is doing well in your home, I think everyone you contact will try to help you to complete the adoption.
