Thursday, August 04, 2005

Cherry Picking Issue

What is happening in Romania at this time is that since the adoptable children identified by foreign agencies cannot be adopted at this time by said agency, the the DPC/CPS must then find a suitable family within Romania to adopt. This makes it easier for DPC/CPS to move a child out of an over-burdened system but leaves the foreign agency and foreign prospective parents out in the cold without a child. Of course these excluded people are for the most part American. DPC/CPS is targeting the children Americans were in the process of adopting when all adoption was shut down. The following is from my source - A - in Romania.

Assuming the child has been declared adoptable by the appropriate judge, the DPC/CPS must then find a suitable family to adopt. A suitable family must gather mountains of paperwork, home study, medical work-ups, psychological exams, blood tests, etc. I would find it hard to believe that this could all be done in a month, but for the sake of argument, let's say it's possible. Here, then is the timeline as I understand the law (I'm putting it in as rapid terms as I can imagine, somethingwhich in my opinion is highly unlikely to happen). Excluding numbers 7 through 9 we get a total ofbetween 4 months [that'd be a miracle] and 7 months. Realistically, I'd say that 6 months to a year is more likely with the latter figure being the most likely. With our Romanian friends who've adopted (admittedly under the old system, which wasn't nearly as complicated) it took 18 months.

1. All paperwork on the suitable family - 1 MONTH

2. Judicial decision to put the child in the potential adoptive family - Probably 1 MONTH (to get court dates and decision)

3. Proving time with the adoptive family - 3 MONTHS (that's the law as I read it - 90 days). This may be waived if the child has already stayed with the potential adoptive family for at least 3 months.

4. Report on the situation by DPC must be done the last 5 days of that 3 month "probation period"and finished before the end of that 3 month period so it can be submitted to the judge per nr. 5 below.

5. Judicial decision to extend the stay with the potential adoptive family until the adoption is resolved - Couldn't find any timetable on this but it's usually 1 MONTH.

6. Time for court dates regarding the final, definite, and irrevocable sentence to be given - 1 MONTH

7. Time to contest the court decision (this usually ranges from 3 to 15 days) (Judges have extended this in the past - illegally???)

8. After the final, definite and irrevocable sentence is handed down (and contestations [if any] are dealt with), the DPC/CPS has 5 days in which to send a note to the last known address of any birth-parent(s) named on the original birth certificate (I couldn't determine if relatives to the fourth degree had to be notified.)

9. Paperwork to be issued to the adoptive parents within 3 days (dream on)

P.S. In the most extreme case, I suppose that one could eliminate nr. 1 as having been done already, nr. 3 if it was the case, and combining all the other time frames down to 1 month total to give a time frame of 2-3 months [normally, quite unrealistic, in my opinion]. Things would really have to fall in place one after the other (might happen if you really "greased the wheels", -- more than that I'll not say).

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