Wednesday, August 9, 2023

A Single Parent's Journey of Intercountry Adoption

 

In our practice of adoption law, we have heard countless stories of clients who inspire us with their resilience and determination. One such remarkable story is that of Amy, a brave single parent who embarked on an extraordinary journey of international adoption. Amy opened her heart and home to two children from a country in the Middle East. Adopting internationally is a major life decision that comes with both challenges and rewards. It requires navigating complex legal processes, embracing cultural differences, and having unwavering commitment. Amy accepted these challenges, motivated by the desire to provide a loving home for a child in need.

We had the opportunity to interview Amy about her experience, we discussed the joys, trials, and lessons learned throughout her journey. Her story serves as a testament to the compassion and dedication embodied by adoptive parents. Through Amy's story, we aim to inspire and educate others, shedding light on the profound impact adoption can have on the lives of both parent and child.

Amy’s decision to adopt internationally was deeply rooted in her upbringing and the experiences that shaped her worldview. Amy grew up overseas as the daughter of a diplomat, and with a mother who dedicated her time to volunteering at orphanages. Early in her life, Amy witnessed firsthand the plight of countless children without loving homes. This experience weighed heavily on her heart and ignited a desire to make a difference and provide a loving family for a child in need.

The journey of international adoption can be complex, requiring collaboration with an adoption agency to navigate the complicated legal processes. This is required for every intercountry adoption by the Universal Accreditation Act of 2012. Finding an accredited agency to supervise the process can be challenging. Amy’s experience of working with an adoption agency to build her family was a positive one. The agency provided invaluable support and guidance, particularly in navigating the U.S. side of the adoption process. While the overseas aspect of the adoption was more challenging, Amy appreciated the agency's realistic approach, they managed her expectations and made her aware of the potential obstacles. The agency's responsiveness and dedication to keeping her informed every step of the way provided her with a sense of comfort and reassurance during the often emotional and uncertain process.

Preparing yourself and your home for the arrival of adopted children requires careful consideration and cultural sensitivity. However, for Amy, the process was somewhat easier because she shared a cultural background with her children, having originally come from the same country. This shared heritage not only eased potential cultural barriers but also facilitated a deeper connection based on common language and religion. Despite the inevitable adjustments that come with any major life change, the familiar cultural foundation created a solid platform for Amy and her children to build their relationship upon. Now that Amy and her children are home in the United States, they have focused on doing life as a family. Amy has enrolled the children in school, placing the children in classes with special resources for non-native English speakers. She works remotely to be available for her children after school. The children needed routine immunizations and dental care. As the attachment grew, she introduced the children to extended family and friends.

Our office worked with Amy to finalize her adoption in Virginia, which is required under the Child Citizenship Act of 2000 to give children United States Citizenship. We have also filed for proof of United States citizenship for the children with USCIS. The children should soon be full United States citizens.

Amy's inspiring journey of international adoption as a single parent showcases the profound impact that one person can have on the lives of others. Her story exemplifies the importance of creating a nurturing and supportive environment for children who have endured challenging circumstances.

 Karen S. Law

Law Offices of Karen S. Law, PLC

klaw@lawadoption.com | (703) 723 – 4385

Prepared by Alyssa Howes, paralegal, with assistance from Karen S. Law

Disclaimer:

    This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2023.

Thursday, October 27, 2022

Updated Federal Adoption Tax Credit for 2023

    Many people are unaware of the federal Adoption Tax Credit. This is a huge help for them to be reimbursed for their adoption expenses.  Usually, you have to spend the money for allowable adoption expenses to get the credit.  However, if you adopt from foster care, you get the entire tax credit even though you have not spent those funds.  You just have to establish that the child qualifies as a special needs child.

    More information about the tax credit can be found here:  Topic No. 607 Adoption Credit and Adoption Assistance Programs | Internal Revenue Service (irs.gov)

    The maximum credit available for adoptions finalized in 2023 is $15,950.  The adoption tax credit is fully available in the amount of $15,950 if your modified adjusted gross income is equal or less than $239,230.  If your modified adjusted gross income is more than $239,230 but less than $279,230, you will receive a reduced tax credit. No tax credit is available for those earning more than $279,230. The form you submit to claim the credit is 8839. Remember to keep receipts of your expenditures, which you can claim up to the full credit amount.

Wednesday, August 17, 2022

COVID-19 Pandemic and Shutdown Increases Stresses in Foster Care for Children, Birth Parents, Social Workers and Licensed Foster Care Providers (Updated August 2022)

 Karen S. Law

Law Offices of Karen S. Law, PLC

klaw@lawadoption.com | (703) 723 – 4385

Prepared by Alyssa Howes, paralegal, with assistance from Karen S. Law

 

Drug Use During Pandemic Increases the Number of Children Entering Foster Care

        According to the CDC, as of June 2020, 13% of Americans reported starting or increasing substance use as a way of managing stress or emotions caused by the pandemic (Czeisler, 2020). A reporting system called “ODMAP,” Overdose Detection Mapping Application Program, found that there was an 18% increase in overdoses nationwide during the early months of the pandemic compared to the same months in 2019. Statistics have shown that this trend continued throughout 2020. In December of 2020, the American Medical Association reported that at least 40 U.S. states have seen increases in opioid-related deaths, as well as continuing concerns for those with substance abuse disorders (Abramson, 2021).

        Mandy Owens, PhD, a psychologist and researcher at the University of Washington Alcohol and Drug Abuse Institute, says that along with the sudden increase in substance use during the pandemic, she has observed an increase in both quantity and frequency of drug use. Research on drug use and overdose deaths have demonstrated that covid-related stressors, such as financial instability, loneliness, and anxiety about the virus, have contributed immensely to the increase in drug use. William Stoops, PhD, professor of behavioral science, psychiatry and psychology at the University of Kentucky says, “People are more stressed and isolated, so they make unhealthy decisions, including drinking more and taking drugs.” (Abramson, 2021).

        Although we do not yet have hard statistics, we can surmise from the increased use of substances and the general increase in poverty and homelessness during COVID-19, that more birth parents will have children removed for abandonment, abuse, and neglect. It will be challenging for them to regain custody of their children under the circumstances.

        There are also practical, as well as systemic barriers to reunification. For example, parenting reunification visits have had to be conducted remotely, not in person, due to COVID-19. Additionally, social services agencies have workers working remotely. It may be more difficult for birth parents to utilize in person services. For the most part, states have been able to adapt to the challenge of remotely conducting adoptions and foster care placements; but caseworkers in New York, for example, report that COVID-19 has made it much more difficult to do their jobs of serving the over 400,000 children currently in the system (Dodge, 2021).

 

Fewer Foster Parents Available

        More kids have been entering the foster care system during the pandemic, but there are fewer families who are willing to take them in (Adams, 2020). Lyndsey C. Wilson, CEO of First Star, a national nonprofit that supports children in foster care, spoke to her experience during the pandemic: she has seen children transferred from foster placement to foster placement, through no fault of the child, but because the caregivers are concerned about Covid-19 (Adams, 2020). Health concerns, related to COVID-19, discourage people who want to foster children from doing so. There are many foster parents who have health issues and/or are immunocompromised, and they are apprehensive about expanding their households currently. This is a realistic concern. In Texas, for example, child welfare agencies have reported that children in foster care are contracting COVID-19 at twice the rate of the general population (Adams, 2020).

        In addition to health concerns, fewer people are willing to take care of foster children during this time due to financial strain. The economic fallout of COVID-19 and the shutdown have devastated some foster parents financially, leaving them unable to take in new children. Many foster parents have experienced job loss due the pandemic. Because a stable financial situation is a requirement for fostering children, this has disqualified them from qualifying as a foster parent.

 

Children Aging Out Face Extra Challenges

        Child welfare professionals are also concerned about teens aging out, or “emancipating,” from foster care. When the child reaches that point, between ages 18 and 21 depending on the state, local governments are no longer required to provide them financial assistance. Even before COVID-19, this transition into adulthood was a difficult period for the 20,000 emancipated foster youth each year (Dodge, 2021). During the pandemic, those aging out of foster care are faced with a great deal of problems and it is evident that many are struggling to manage. In May of 2020, FosterClub, a non-profit organization supporting youth in foster care, conducted a survey of 613 former foster youth, ages 18 to 24, to gain insight on how the pandemic was affecting young adults who were previously in the foster care system. According to the results, 65% of respondents working before the pandemic reported losing their jobs, 23% said they were experiencing housing insecurity, and only 37% said they had an adult they could turn to (Dodge, 2021).

 

Increasing Teen Suicide Rates and Necessity of Additional Mental Health Services

        Since the beginning of the pandemic, healthcare providers across the country have reported increases in mental-health related emergencies in adolescents. According to the CDC, between February and March of 2020, suspected suicide attempts among girls ages 12-17 was 50.6% higher than it was during the same time in 2019; among boys aged 12–17 years, suspected suicide attempt emergency department visits increased 3.7% (Yard, et al. 2021). Additionally, among adolescents ages 12–17, the proportion of emergency department visits related to mental health increased by 31% in 2020 compared to 2019. Researchers for the CDC suspect that risk factors for suicide include physical distancing (including school attendance and social contact with teachers and peers); lack of access to mental health treatment; increases in substance use; and anxiety about family health and economic problems (Yard, et al. 2021).

        Reporters for NPR spoke with providers at hospitals in seven states across the country, to investigate recent mental health trends among adolescents. All the hospitals reported that more suicidal children are visiting their hospitals, and they are in worse mental states (Chatterjee, 2021). Riley Hospital for Children in Indianapolis reported that the number of adolescents hospitalized after suicide attempts increased from 67 to 108, from 2019 to 2020. Hillary Blake, a pediatric psychologist at the hospital, said that October 2020 showed a 250% increase in these numbers when compared to October 2019 (Chatterjee, 2021). The pandemic has created many stress factors for children, which are increasing the risk of suicide for many. COVID-19 and the shutdown have worsened the children's mental health crisis, which was already an issue before the pandemic. For a decade, suicide rates have been going up among adolescents (Chatterjee, 2021).

        Due to the exacerbation of mental health crises among adolescents in general, one would expect that there would be an increased need for therapy and mental health services to teens in foster care. Both foster care parents and social workers will need to be proactive in obtaining the appropriate care for children who are suffering during this time.

 

Students in Foster Care Fall Behind in School

According to a national assessment, most students in the United States fell behind in school by between three and six months (Belkin, 2022). Children lost a significant amount of classroom time during the pandemic. Worldwide, school closures lasted an average of 224 days over the last two years. Researchers have taken a look at a study that was done on students in Argentina between 1988 and 2014, which may be able to help us predict some of the long-term effects of missed class time. Teacher strikes were very common during that period in Argentina, and students in certain regions missed an average of 88 days during their years in primary-school. Data showed that, as adults, the students in the regions with the most missed class time had higher rates of unemployment and earned less money at their jobs than those who did not miss class time due to teacher strikes (Belkin, 2022).

Approximately 270,000 out of the 400,000 children in foster care are school-aged. Even before the pandemic, research has shown that foster youth are more likely than their peers to experience hardships over the course of their education that lead to worse outcomes. On average, students in foster care earn lower grades and have lower high school graduation rates (US Dept. of Education, 2016). Foster parents and social workers need to assess learning-loss in their foster children; how much learning-loss has accrued and what subject areas is the child most behind in. With that knowledge, foster parents and social workers can give these children the tools they need to overcome the setbacks in their education caused by the pandemic.

 

Sources:

 

Abramson, A. (2021, March). Substance use during the pandemic. American Psychological Association. Monitor on Psychology, 52(2). http://www.apa.org/monitor/2021/03/substance-use-pandemic

 

Adams, C. (2020, December 30). Foster care crisis: More kids are entering, but fewer families are willing to take them in. NBC News. https://www.nbcnews.com/news/nbcblk/foster-care-crisis-more-kids-are-entering-fewer-families-are-n1252450

 

Chatterjee, R. (2021, February 2). Child Psychiatrists Warn That The Pandemic May Be Driving Up Kids' Suicide Risk. NPR. https://www.npr.org/sections/health-shots/2021/02/02/962060105/child-psychiatrists-warn-that-the-pandemic-may-be-driving-up-kids-suicide-risk

 

Czeisler, M.É., Lane, R.I., Petrosky, E., et al. (2020, August 14) Mental Health, Substance Use, and Suicidal Ideation During the COVID-19 Pandemic — United States, June 24–30, 2020. Centers for Disease Control and Prevention. 69(32), 1049–1057. DOI: http://dx.doi.org/10.15585/mmwr.mm6932a1

 

Dodge, D. (2021, January 8). Foster Care Was Always Tough. Covid-19 Made It Tougher. New York Times. https://www.nytimes.com/2021/01/08/parenting/foster-care-coronavirus.html

 

US Department of Education (ED). (2016, June 27). Students in foster care. Home. Retrieved from https://www2.ed.gov/about/inits/ed/foster-care/index.html

 

Yard ,E., Radhakrishnan, L., Ballesteros, M. F., Sheppard, M., Gates et al. (2021, June 18). Emergency Department Visits for Suspected Suicide Attempts Among Persons Aged 12–25 Years Before and During the COVID-19 Pandemic — United States, January 2019–May 2021. Centers for Disease Control and Prevention. 70(24), 888–894. DOI: http://dx.doi.org/10.15585/mmwr.mm7024e1

 

Disclaimer:

    This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2022.

Friday, May 20, 2022

NCFA: Adoption by the Numbers - 2019 & 2020

The National Council for Adoption (NCFA) just published a report on US adoption statistics for the years 2019 and 2020. This comprehensive research can clarify misconceptions, influence policy decisions, and help professionals to better serve the adoption community.

Click the link below to read the report:

 Adoption by the Numbers - National Council For Adoption (adoptioncouncil.org)

Monday, December 20, 2021

Foster Care Adoptions: Summary of Pros/Cons

Karen S. Law
Law Offices of Karen S. Law, PLC
klaw@lawadoption.com | (703) 723 – 4385

Summary of Pros/Cons for Foster Care Adoptions 

·       Eligibility to adopt from foster care:

o   Children who are placed in the foster care system have been removed from their biological parents or previous adoptive parents due to abandonment, abuse, or neglect. They have experienced trauma and they need stable, loving homes. In some cases, the foster care parents will provide that home while services are provided to return the child to their prior parents. In other cases, the Court determines that the child’s best interests are not served by a return to the biological parents. The local social service agency then looks for suitable relatives to adopt the child. If suitable relatives cannot be found, then the existing foster care parents are eligible to adopt. This provides continuity for the child because they have been living with the foster care home while the parental reunification efforts are undertaken. For these reasons, families who choose to adopt from foster care must first feel called to provide foster care homes for children whether the children become available for adoption or not.

 

o   Some parents choose to hire a private agency to help them through this process, which can increase the cost of adoption. These children are still in the custody of a public child welfare agency but are not placed locally because they are older children or have special needs that cannot be met within that locality. Parental rights are already terminated and these children are free for adoption. The children can be placed with families who are home study approved and have applied to adopt through a private agency (AdoptUSKids). These private agencies typically call their programs “waiting child” adoptions.

·       Cost of foster care adoptions:

o   Most adoptions from foster care cost little to no money. Parents who adopt foster care children adopt from a public child welfare agency of a county, state, or territory. In most foster care adoption cases, there are few or no fees because adopting a child from foster care is subsidized by the state. This is called adoption assistance and most children who are adopted through the foster care system do qualify for a state subsidy. Further, the cost of the home study is borne by the local public child welfare agency.

o   “Families who adopt children from foster care are eligible for a federal tax credit. Tax benefits include a tax credit for qualified adoption expenses and an exclusion from income for employer-provided adoption assistance. The tax credit is based on a family’s income and tax situation. While the tax credit is limited to the year in which the adoption is finalized, credit exceeding a family’s tax liability can be carried forward for up to 5 years.” For more information, see Topic No. 607 Adoption Credit and Adoption Assistance Programs | Internal Revenue Service (irs.gov) (Children’s Bureau, 2020).

·       Adoption assistance: 

o   Adoption assistance is a program meant to help families financially to make it easier to adopt from foster care, as well as make sure that a child’s special needs are met. Some children in foster care may have conditions such as, physical, or mental health disorders, learning disabilities, or other developmental issues that require ongoing treatment or specialized attention (Children’s Bureau, 2020).

o    Depending on the case, adoption assistance could be one-time payment for legal expenses to finalize the adoption, ongoing monthly payments, or both, in addition to Medicaid or other state medical assistance. (AdoptUSKids)

o   Adoption assistance may last until the child becomes a legal adult. The age of majority is age 18 in most states, but sometimes varies. However, some states provide Federal adoption assistance up to age 21 (Children’s Bureau, 2020).

o   “Each State can determine what factors or conditions a child must have in order to be considered to have special needs for purposes of establishing eligibility for adoption assistance.” (Children’s Bureau, 2020) According to the Children’s Bureau the eligibility criteria include:

§  “The State has determined the child cannot or should not be returned to the parents' home.”

§  “The State has identified a specific factor or condition, or a combination of factors, that make it reasonable to conclude that the child cannot be placed with the adoptive parents without adoption assistance and Medicaid; or the child meets the medical or disability eligibility criteria for Federal Supplemental Security Income (SSI).”

§  “The State has made a reasonable but unsuccessful effort to place the child without Federal adoption assistance and Medicaid (unless this is against the child’s best interests). If an adoptive parent informs the State that they are not able to adopt the child without assistance, this prong of the special needs test will be met as to the child's eligibility.”(Children’s Bureau, 2020)

·       Benefits to foster care adoption:

o   The benefit to the child of leaving a traumatic home life for a stable foster care home is potentially life changing. The family learns to love and embrace a child from a different background and life experience. The cost of foster care adoption is low and allows families to adopt who could not afford to adopt through a private agency. Typically, families do not adopt due to infertility but because they have the resources and emotional capacity to adopt a child who needs a stable home.

 

Sources:

About adoption from foster care. AdoptUSKids. Retrieved from https://www.adoptuskids.org/adoption-and-foster-care/overview/adoption-from-foster-care

 

Child Welfare Information Gateway. (2020). Adoption assistance for children adopted from foster care. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau.

 

Comparing the Costs of Domestic, Intercountry and Foster Care Adoption. American Adoptions. Retrieved from https://www.americanadoptions.com/adopt/the_costs_of_adopting

 


Prepared by Alyssa Howes, Paralegal, and Karen S. Law, Esquire, of Law Offices of Karen S. Law, PLC © 2021


Disclaimer:


    This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2021.

 

Intercountry Adoptions: Summary of Pros/Cons

Karen S. Law
Law Offices of Karen S. Law, PLC
klaw@lawadoption.com | (703) 723 – 4385

Summary of Pros/Cons for Intercountry Adoptions

·       Cost

o   Adoptive parents are financially responsible for: adoption agency fees, the cost of adoption professionals including a home study agency and a primary provider agency, travel costs, immigration documentation costs, and any legal fees. Adoption expenses vary depending on the country. According to Family Connections, a U.S. adoption agency, Intercountry adoption can cost anywhere from $12,000 to $30,000 on average (Family Connections Christian Adoptions). This is a low average.

o   According to an older study from American Adoptions, these are the average individual costs of Intercountry Adoption:

§  Agency Fees/Program Application: $14,181

§  Dossier Preparation and Clearance: $1,818

§  In-Country Adoption Expenses: $6,412

§  Major Travel Expenses: $8,210

§  In-Country Travel Expenses: $2,234

§  Child’s Passport, Visa, Medical Exam: $816

§  *Each cost is an average of China, Ethiopia, South Korea, and Ukraine from 2012-2013 (American Adoptions[1]).

·       Laws:

o   Every country has their own adoption laws and process. Eligibility requirements can vary depending on the country, common criteria can include age, marital status, income, and health (Considering Adoption).

§  Age - Most countries have a minimum and maximum age for adoptive parents. Sometimes there will also be minimum or maximum age difference between the parents and the adopted child.

§  Marital Status - Many countries require couples to have been married for a certain amount of time before adopting. Some countries may not allow same-sex or single-parent adoptions.

§  Income - In most countries, adoptive parents are required to show proof of a stable income. Sometimes, though not often, countries will require a specific minimum income.

§  Health - Few countries have specific health requirements for adoptive parents. The countries that do have health requirements may ask for your medical records, mental health history, and other personal documentation as part of the dossier submitted (Considering Adoption).

 

·       Uncertain Climate and Primary Provider Challenges:

o   The adoption rules and regulations of a country could change at any time, and that is why it is important to stay updated. Intercountry Adoption (state.gov) is the best place to find adoption law updates for a specific country because it is compiled by the U.S. Department of State which grants the visas for adopted children. You should also speak with your adoption professionals for the most current and accurate information. (Kuligowski, 2020)

o   COVID-19 caused delays or stoppages of intercountry adoption programs, including the People’s Republic of China. Political unrest or domestic laws which restrict intercountry adoption are not uncommon.

o   Additionally, the difficulty of locating a U.S. based agency to serve as “primary provider,” cannot be discounted. Since the Universal Accreditation Act of 2012, every adoption must now use a “primary provider”, even when the family is adopting a relative. The only exception to this is if the family completes the adoption while the child is under the age of sixteen and then lives overseas with the child for two years, which is not feasible for most families. In that case, there is an alternative pathway, which does not require a “primary provider.” The family may use the Form I-130 process or the N-600K process.

·       Timing:

o   Children adopted from other countries must meet the requirements of their country of origin before they are placed for adoption. In most countries, in addition to meeting local adoption guidelines, they must be offered to a local family before they are eligible for an Intercountry placement. Because of these regulations, there is always a period of several months before the U.S. family is referred for adoption. Intercountry adoptions usually take more time to process than other types of adoption. Most children who are being placed for intercountry adoption in 2021 are five years and up. There are a few exceptions; for example, some countries have programs where children under the age of 8 months are referred for Intercountry placement.

·       Benefits to intercountry adoption:

o   Adopting a child from another country brings so much to the U.S. family in terms of embracing another culture and expanding their awareness and capacity to love another child who is not similar to them. Challenges exist in terms of acclimating to the U.S. language and culture for the child, as well as attaching to the family. There are many resources available to intercountry adoptive families, especially in more metropolitan areas, to assist with these challenges. Typically, families who adopt through this pathway do so out of a desire to give something more, not due to infertility.

o   Some children who are adopted through this process are relatives of the U.S. citizens and have no parental care in their home country. For them, obviously coming to the U.S. to live with a close relative is life changing in terms of parental care and opportunities. We typically see these children adjust more quickly due to family ties, cultural awareness, and the existing relationships. Sadly, the cost of intercountry adoption is a tremendous barrier for many families who would like to adopt an orphaned relative.

Sources:

Comparing the Costs of Domestic, Intercountry and Foster Care Adoption. American Adoptions. Retrieved from https://www.americanadoptions.com/adopt/the_costs_of_adopting

 

Domestic vs. Intercountry Adoption: What’s Right for You? (n.d.). Family Connections Christian Adoptions. Retrieved from https://www.fcadoptions.org/adoption-options/Intercountry-vs-domestic-adoption.php

 

Kuligowski, S. (2020). What Can I Expect in an Intercountry Adoption? Adoption.org. Retrieved from https://adoption.org/can-expect-Intercountry-adoption

 

Top 10 Things Adoptive Parents Should Know About Intercountry Adoption. Considering Adoption. Retrieved from https://consideringadoption.com/Intercountry-adoption/is-Intercountry-adoption-right-for-you/top-10-things-adoptive-parents-should-know-about-Intercountry-adoption/



[1] As of 2021, The People’s Republic of China and Ethiopia are not participating in intercountry adoption. For the first, COVID-19 travel restrictions have placed programs on hold. Ethiopia passed a law restricting intercountry adoption.


Prepared by Alyssa Howes, Paralegal, and Karen S. Law, Esquire, of Law Offices of Karen S. Law, PLC © 2021

Disclaimer:

    This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2021.

 

Monday, August 9, 2021

COVID-19 Pandemic and Shutdown Increases Stresses in Foster Care for Children, Birth Parents, Social Workers and Licensed Foster Care Providers

 

Karen S. Law

Law Offices of Karen S. Law, PLC

klaw@lawadoption.com | (703) 723 – 4385

Prepared by Alyssa Howes, paralegal, with assistance from Karen S. Law

 

COVID-19 Pandemic and Shutdown Increases Stresses in Foster Care for Children, Birth Parents, Social Workers and Licensed Foster Care Providers

Drug Use During Pandemic Increases the Number of Children Entering Foster Care

            According to the CDC, as of June 2020, 13% of Americans reported starting or increasing substance use as a way of managing stress or emotions caused by the pandemic (Czeisler, 2020). A reporting system called “ODMAP,” Overdose Detection Mapping Application Program, found that there was an 18% increase in overdoses nationwide during the early months of the pandemic compared to the same months in 2019. Statistics have shown that this trend continued throughout 2020. In December of 2020, the American Medical Association reported that at least 40 U.S. states have seen increases in opioid-related deaths, as well as continuing concerns for those with substance abuse disorders (Abramson, 2021).

            Mandy Owens, PhD, a psychologist and researcher at the University of Washington Alcohol and Drug Abuse Institute, says that along with the sudden increase in substance use during the pandemic, she has observed an increase in both quantity and frequency of drug use. Research on drug use and overdose deaths have demonstrated that covid-related stressors, such as financial instability, loneliness, and anxiety about the virus, have contributed immensely to the increase in drug use. William Stoops, PhD, professor of behavioral science, psychiatry and psychology at the University of Kentucky says, “People are more stressed and isolated, so they make unhealthy decisions, including drinking more and taking drugs.” (Abramson, 2021).

            Although we do not yet have hard statistics, we can surmise from the increased use of substances and the general increase in poverty and homelessness during COVID-19, that more birth parents will have children removed for abandonment, abuse, and neglect. It will be challenging for them to regain custody of their children under the circumstances.

            There are also practical, as well as systemic barriers to reunification. For example, parenting reunification visits have had to be conducted remotely, not in person, due to COVID-19. Additionally, social services agencies have workers working remotely. It may be more difficult for birth parents to utilize in person services. For the most part, states have been able to adapt to the challenge of remotely conducting adoptions and foster care placements; but caseworkers in New York, for example, report that COVID-19 has made it much more difficult to do their jobs of serving the over 400,000 children currently in the system (Dodge, 2021).

Fewer Foster Parents Available

More kids have been entering the foster care system during the pandemic, but there are fewer families who are willing to take them in (Adams, 2020). Lyndsey C. Wilson, CEO of First Star, a national nonprofit that supports children in foster care, spoke to her experience during the pandemic: she has seen children transferred from foster placement to foster placement, through no fault of the child, but because the caregivers are concerned about Covid-19 (Adams, 2020). Health concerns, related to COVID-19, discourage people who want to foster children from doing so. There are many foster parents who have health issues and/or are immunocompromised, and they are apprehensive about expanding their households currently. This is a realistic concern. In Texas, for example, child welfare agencies have reported that children in foster care are contracting COVID-19 at twice the rate of the general population (Adams, 2020).

In addition to health concerns, fewer people are willing to take care of foster children during this time due to financial strain. The economic fallout of COVID-19 and the shutdown have devastated some foster parents financially, leaving them unable to take in new children. Many foster parents have experienced job loss due the pandemic. Because a stable financial situation is a requirement for fostering children, this has disqualified them from qualifying as a foster parent.

Children Aging Out Face Extra Challenges

Child welfare professionals are also concerned about teens aging out, or “emancipating,” from foster care. When the child reaches that point, between ages 18 and 21 depending on the state, local governments are no longer required to provide them financial assistance. Even before COVID-19, this transition into adulthood was a difficult period for the 20,000 emancipated foster youth each year (Dodge, 2021). During the pandemic, those aging out of foster care are faced with a great deal of problems and it is evident that many are struggling to manage. In May of 2020, FosterClub, a non-profit organization supporting youth in foster care, conducted a survey of 613 former foster youth, ages 18 to 24, to gain insight on how the pandemic was affecting young adults who were previously in the foster care system. According to the results, 65% of respondents working before the pandemic reported losing their jobs, 23% said they were experiencing housing insecurity, and only 37% said they had an adult they could turn to (Dodge, 2021)

Increasing Teen Suicide Rates and Necessity of Additional Mental Health Services

            Since the beginning of the pandemic, healthcare providers across the country have reported increases in mental-health related emergencies in adolescents. According to the CDC, between February and March of 2020, suspected suicide attempts among girls ages 12-17 was 50.6% higher than it was during the same time in 2019; among boys aged 12–17 years, suspected suicide attempt emergency department visits increased 3.7% (Yard, et al. 2021). Additionally, among adolescents ages 12–17, the proportion of emergency department visits related to mental health increased by 31% in 2020 compared to 2019. Researchers for the CDC suspect that risk factors for suicide include physical distancing (including school attendance and social contact with teachers and peers); lack of access to mental health treatment; increases in substance use; and anxiety about family health and economic problems (Yard, et al. 2021).

            Reporters for NPR spoke with providers at hospitals in seven states across the country, to investigate recent mental health trends among adolescents. All the hospitals reported that more suicidal children are visiting their hospitals, and they are in worse mental states (Chatterjee, 2021). Riley Hospital for Children in Indianapolis reported that the number of adolescents hospitalized after suicide attempts increased from 67 to 108, from 2019 to 2020. Hillary Blake, a pediatric psychologist at the hospital, said that October 2020 showed a 250% increase in these numbers when compared to October 2019 (Chatterjee, 2021). The pandemic has created many stress factors for children, which are increasing the risk of suicide for many. COVID-19 and the shutdown have worsened the children's mental health crisis, which was already an issue before the pandemic. For a decade, suicide rates have been going up among adolescents (Chatterjee, 2021).

            Due to the exacerbation of mental health crises among adolescents in general, one would expect that there would be an increased need for therapy and mental health services to teens in foster care. Both foster care parents and social workers will need to be proactive in obtaining the appropriate care for children who are suffering during this time.

Sources:

Abramson, A. (2021, March). Substance use during the pandemic. American Psychological Association. Monitor on Psychology, 52(2). http://www.apa.org/monitor/2021/03/substance-use-pandemic

Adams, C. (2020, December 30). Foster care crisis: More kids are entering, but fewer families are willing to take them in. NBC News. https://www.nbcnews.com/news/nbcblk/foster-care-crisis-more-kids-are-entering-fewer-families-are-n1252450

Chatterjee, R. (2021, February 2). Child Psychiatrists Warn That The Pandemic May Be Driving Up Kids' Suicide Risk. NPR. https://www.npr.org/sections/health-shots/2021/02/02/962060105/child-psychiatrists-warn-that-the-pandemic-may-be-driving-up-kids-suicide-risk

Czeisler, M.É., Lane, R.I., Petrosky, E., et al. (2020, August 14) Mental Health, Substance Use, and Suicidal Ideation During the COVID-19 Pandemic — United States, June 24–30, 2020. Centers for Disease Control and Prevention. 69(32), 1049–1057. DOI: http://dx.doi.org/10.15585/mmwr.mm6932a1

Dodge, D. (2021, January 8). Foster Care Was Always Tough. Covid-19 Made It Tougher. New York Times. https://www.nytimes.com/2021/01/08/parenting/foster-care-coronavirus.html

Yard ,E., Radhakrishnan, L., Ballesteros, M. F., Sheppard, M., Gates et al. (2021, June 18). Emergency Department Visits for Suspected Suicide Attempts Among Persons Aged 12–25 Years Before and During the COVID-19 Pandemic — United States, January 2019–May 2021. Centers for Disease Control and Prevention. 70(24), 888–894. DOI: http://dx.doi.org/10.15585/mmwr.mm7024e1

 

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