Tuesday, November 11, 2014

National Adoption Month

Happy National Adoption Month!

In case you didn’t know, November is National Adoption Awareness Month! The first major effort to raise awareness of adoption was in 1976 in Massachusetts. It started as just as a week but then, in 1990, it became a month long celebration.

During this month, the nation, states, and communities celebrate this positive way to build families. There are many events planned throughout the month such as judicial ceremonies, dinner recognitions and banquets. The Loudoun Chapter of the Virginia Women Attorneys Association and the Loudoun County Department of Family Services sponsors National Adoption Day here in Loudoun where families who are formed through adoption are recognized each year. I am proud to co-chair this recognition ceremony. It is such a joyous and remarkable celebration seeing how these families have been formed. Many times, the children has been through a long and difficult journey of abandonment, abuse or neglect. The foster parents have worked with social workers and counselors to bring healing and wholeness. Then, as the legal process is complete and the foster parents adopt the child during the National Adoption Day ceremony, it brings tears to the eyes of the professionals in the courtroom to see the formation of a forever family after years of struggle.

Other adoptive families at Loudoun Adoption Day have different stories. The adoption could be that of a stepparent who has acted as the real parent for many years. It is a joyous moment to see the big smile on the child's face as that reality is recognized by the law and the child receives the same last name as the rest of the family.

Even if you haven't adopted, you can celebrate National Adoption Month in November. It doesn't have to be elaborate-- it could be something simple such as renting a DVD that portrays adoption in a positive light. Some suggestions from Adoptive Families Magazine are: Meet the Robinsons, The Tigger Movie, Despicable Me, Moonrise Kingdom or, as the holidays are approaching, Elf.

Adoption is such a a wonderful way to build a family and we all know people who have adopted or been adopted. It should be honored, acknowledged, and celebrated. Every adoption has its own special and unique story.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

This blog 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, 2014.

Monday, July 21, 2014

"Re-Homing" of adopted children is Child Abandonment

There has been lots of attention on this topic from Reuters article. The article highlights several disturbing situations where desperate adoptive parents who have had serious problems with their newly adopted children have placed the children without legal safeguards with predators. The new families were not properly screened, no legal procedures were followed, and the children were unknowingly placed into dangerous situations. Although the article seems to imply that this practice is widespread based on unproven statistics, it does raise serious concerns which should be addressed.

I am a member of the American Academy of Adoption Attorneys (AAAA). AAAA has formed a working group to address this issue.

It is critical to use the correct terminology to describe the break-up of a family and the transfer of a child to a second family. The current popular term of "re-homing" is a misnomer. It has recently been used by the media to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. However, "re-homing" could include the successful transfer of a child to a second family if all proper safeguards, procedures, or approvals have been obtained. The accurate term to describe this situation where a child, either adopted or biological, is placed at risk by his or her parents, and as defined by state welfare agencies throughout the country, is "child abandonment" which is fully addressed under existing laws in every state.

For consistency and accuracy when dealing with these issues, "re-homing" should not be used, and the following terminology should be employed:
Adoption Disruption - this occurs when an intervening event prevents an adoption from being finalized.
Adoption Dissolution - this occurs when events cause an adoption after it is finalized to dissolve.
Child Abandonment - this occurs as defined under existing state law, and which may include placing a child at risk by transferring the child to another family without employing the proper safeguards, or going through the appropriate legal process.

A Senate hearing to investigate child abandonment was held on July 8, 2014. AAAA has prepared draft testimony in connection with this hearing. Here is a summary of our proposed remarks:

(Draft) Testimony of the American Academy of Adoption Attorneys (AAAA)

.........A recent survey of AAAA Fellows revealed that the frequency of post-adoption dissolution – cases in which parents conclude they are unable to successfully raise an adopted child – is extremely low when compared to the total number of adoptions. Nevertheless, making sure that the child or children in such cases are protected and are placed with secondary families in a secure and permanent home is essential. Involvement by AAAA Fellows has gone a long way to help achieve this goal.

The term “re-homing,” more commonly used by pet owners seeking new homes for their animals, has recently been used to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. A more accurate term to describe these situations where a child, either adopted or biological, is placed at risk by his or her parents, is “child abandonment.”

Recent media attention on post-adoption child abandonment has prompted AAAA to establish a committee of experts to consider the issue as well as what potential legislative opportunities might exist to address it. While no state or federal law specifically prohibits parents from seeking to place their child or children with a new family, the AAAA committee of experts on the topic has found that if it is not done appropriately and with proper safeguards, these actions can be equated to child abandonment, which is fully addressed under existing laws in every state.

The correct lens by which to judge any proposed policy or legislation which attempts to curtail child abandonment, whether of a biological child or of an adopted child, must always be the best interests of the child. While certain concrete steps can be taken to address this issue, AAAA cautions against new and broad federal regulation. Such measures have the potential to stifle legitimate independent, non-agency adoption, thereby making adoption unaffordable for many loving families, and to eliminate many appropriate placements of children by state agencies from foster care through the internet and other public domains.........

We must protect adopted children but we have to be careful not to overregulate. Overregulation might lead to a decline in placing children into appropriate homes.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

Monday, January 27, 2014

2014 updated tax credit to make adoption affordable

Making Adoption Affordable

Federal Tax Credit

There is help available. The federal Adoption Tax Credit provides up to $13,190 for qualifying expenses paid to adopt an eligible child in 2014. The credit is indexed for inflation and will increase annually. Eligible expenses include adoption fees, court costs, attorney fees, traveling expenses (including amounts spent for meals and lodging) and other expenses directly related to your adoption. There is an income limit for this credit. See www.irs.gov, for the forms and additional information.

Corporate Matching Gifts

Further, many large employers offer adoption assistance. See htttp://benefits.adoption.com/ for a list of employers. Those payments may qualify for exclusion from your income for tax purposes in addition to the federal tax credit. You may exclude up to $13,190 from your income in 2014. So, for example, if your employer offers adoption assistance payments of $5,000 and your total adoption related expenses were $18,190, you could claim $13,190 as a tax credit AND exclude $5,000 from your income. However, if your total expenses were $13,190, you could not take the credit and the exclusion-the same expenses cannot be counted twice. The income limits for the tax credit also apply to the exclusion.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2013.

Monday, December 30, 2013

Accuracy for Adoptees Act

AAAA Hails Senate and House Enactment of Accuracy for Adoptees Act

December 30, 2013 ---- Signed by President Obama January 16, 2014

The American Academy of Adoption Attorneys ("AAAA") proudly announces the enactment of S.1614, the Accuracy for Adoptees Act. This bill, conceived and shepherded through the House and Senate by AAAA and concerned families, helps adoptive children who had been given inaccurate birthdates abroad. This is a common problem when children are abandoned at orphanages without any birth record. When U.S. adoptions are processed, the foreign country assigns a "best guess" birth date that is then used in processing adoption and immigration paperwork. These birth dates can sometimes be vastly inaccurate. While there is an existing state court process in the U.S. where these families can present medical, educational, and dental evidence to support a request for an amended date of birth that is appropriate for the child’s true age, U.S. agencies will not accept these amended dates. As a result these children end up with two different dates of birth – one on their federal documents (e.g. passport, social security card) and the new date on their state documents (e.g. birth certificate, driver’s license). This creates a multitude of problems as these children age, from improper school placement, inability to get a passport, and even accusations of identity fraud when two different dates of birth exist for one child.

The Accuracy for Adoptees Act solves these problems by requiring federal agencies to recognize amended birth dates as issued by state courts. This bill removes the bureaucracy, red tape, and endless dead ends that these families currently face.

Karen S. Law, adoption attorney in Ashburn, VA and Co-Chair of AAAA’s international adoption subcommittee, writes, "I started noticing what an unimaginable hardship this was causing for children and families – and the more I talked with my colleagues, the more I became aware of its breadth. Many of these children had suffered horrific loss and pain, and then arrive in the U.S. to become victims of a bureaucratic process with no right answer. I am so proud to have been able to contribute to this legislation which will finally give these children and their families some peace of mind."

The bill was conceived of by AAAA members who had faced this issue and its long term consequences time and time again. In an effort to protect these children, AAAA partnered with adoption champions Senators Klobuchar (D-MN) and Blunt (R-MO) who introduced the bill in the Senate. The bill was cosponsored by Senators Enzi, Landrieu, Barrasso, Durbin, Rubio, Vitter, Flake, Boozman, Kirk, Leahy, Inhofe and McConnell. The U.S. Senate has passed only 111 bills this Congress and the Accuracy for Adoptees Act is one of them. Of these 111, 16 rename federal facilities. In the House, Representative Lamar S. Smith (R-TX), was instrumental in moving this bill to passage by unanimous consent on December 23, 2013.

Donald Cofsky, President of AAAA, writes, "I am extremely pleased and proud that the U.S. Senate has passed, with bi-partisan support, this commonsense legislation – placing adoptive families and children ahead of partisan politics. We owe immense thanks to all of the bill’s cosponsors for their dedication to adoptive families and for their tireless efforts in ushering this bill through the Senate. I cannot overstate the importance of this legislation and the positive impact that it will have on adopted children and their families."

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.

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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2013.

Pregnant?

“Thank you, Karen, for the prayers and encouragement. The Lord really used you during that dark time in my life.”--A Birthmom a year after placing a child for adoption

Pregnant? Adoption is an option

Making an adoption plan is an important decision. This is a very sensitive and difficult time for you, and you may have lots of questions. We have extensive experience in working with birth mothers. We can offer a supportive environment and unbiased advice as to whether adoption is right for you. We can point out the pros and cons of different types of adoption and work with you to select a Virginia adoption agency or locate adoptive parents for an open adoption. We will advise you about Virginia adoption law. We will help you understand the legal rights of the father of the child and how to move an adoption plan forward. We will do everything possible to give you a smooth experience at the hospital. We will represent you through the entrustment process and in any Virginia court appearance.

Ways we can help you:

~Unbiased advice about your options

~Guidance in locating prospective adoptive parents

~Referrals for counseling and other services

~Advice on notification and consent requirements for birth fathers

~Help you craft an open adoption plan

~Virginia adoptions

We understand that this is a difficult time and that there are a million things running through your head, know that there is an option for every situation and that someone out there has gone through what you are currently experiencing.

If you are unsure if adoption is the right path for you, may we suggest that you make a list of your choices and then write the pros and cons of each choice. While looking at the positives and negatives, think about what is best for your child, then, what it best for you. It's okay if you don't feel ready to be a parent because adoption is always an option. Adoptions used to be clothed in secrecy--now, most birth mothers pick some form of open adoption where there is contact following the adoption. This contact can take the form of written updates and photos or visitation if the adoptive family feels comfortable with this. These are things we can help you with when deciding whether or not adoption is for you.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.

Disclaimer

Monday, November 18, 2013

Making Adoption Affordable

Tight on cash? That should not prevent you from adopting. There are many resources out there that can help you expand your family through adoption. We work with families of every income level. We find that most adoptive parents are not wealthy people--but, they have room in their hearts and homes for a child.

Federal Adoption Tax Credit: Did you know that there is a federal tax credit there for you to use? Thousands of dollars are available that can help with: adoption agency fees, court costs, attorney fees, travel expenses and other things that are directly related to your adoption. There is an income limit for this credit but it is relatively high. The adoption tax credit is adjusted each year based upon the cost of living allowance. The maximum credit for 2013 is $12,970. The full credit is available to taxpayers with a modified adjusted gross income of $194,580 or less, and the credit will phase out completely at $234,580.

For most adoptions, you keep track of expenses and claim that amount as the credit. However, in a foster care adoption, you can claim the entire credit no matter the amount of money you spent. The credit is available for each child you adopt, so if you adopt siblings, you could claim two credits.

Corporate Grants: Also, you may not realize that the company you work for may offer financial assistance for your adoption. For a partial list of companies that have benefits, see benefits.adoption.com

Subsidy for Full Time Military Personnel: If you are full time Military, there is a one-time reimbursement program. You can receive $2,000 per child per calendar year with a cap of $5,000. No later than one year after the adoption is final you have to have submitted a DD form 2675 in order to apply. You cannot claim expenses that were reimbursed through the Federal Adoption Tax Credit or a Corporate Matching Grant. A recent change of policy permits a military member adopting a step-child to claim reimbursement.

Loans and Grants: There are several adoption loans and grant programs available. You might start by looking for a credit union that offers a loan program for adoptive parents.

Foster Care Adoption Subsidies and Assistance: If your heart is leading you to adopt a special needs child or a child from foster care, the cost is usually significantly less. There is usually an adoption subsidy available through the state to help pay for everyday expenses and special services such as remedial educational services, physical therapy and medical care. As we discussed above, you may also take the entire amount of the Federal Adoption Tax Credit even if you don’t incur those costs.

Adoption is such a beautiful way to expand your family. Don’t let financial stress be the reason why you end up not adopting.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.

Disclaimer

Monday, November 11, 2013

People Places Inc.

In October 2013, People Places Inc. was chosen as an Angel in Adoption award recipient by the Congressional Coalition on Adoption Institute. They were given this honor based on their commitment to improving the lives of children in need of permanent loving homes. People Places Inc. was started 40 years ago in 1973 as one of the pioneers in therapeutic foster care, and was the first such agency in Virginia. The materials they developed for therapeutic foster care are used throughout the country to train other agency workers and support families.

People Places is a private, not-for-profit Licensed Child Placing Agency serving children and youth between the ages of infancy and 21 years and focusing primarily on abused/neglected youngsters with moderate to severe emotional and behavior disorders. People Places offers programs that help support adoption, such as group and individual counseling, Pygmalion School and independent living assistance. Not every child who goes through the program is adopted. Some return home to birth parents or other relatives.

Children age out of foster care programs at 18 but if they are in school, they are still supported through People Places through their Coach Program. This program is funded by small donations and is only given to those teens that are still in school. The need for this program is great--Surprisingly, about 50% of the homeless population is composed of foster care children that have aged out of foster care and don't have permanent homes. About 80 children a day age out of foster care. "There is no one to go home to, ask advice from or to spend time with during the holidays".

When a family seeks to adopt, People Places has two different adoption tracks. One is foster to adopt and the other is relationship to adopt. Foster to adopt has the parents as foster parents first; if the child and family connect, then they start to go through the adoption process. Relationship to adopt is the track where the birth parents' parental rights have already been terminated and the prospective parents adopt the child without the foster care period.

It is a privilege to partner with agencies like this in Virginia. For more information on this program go to http://www.peopleplaces.org

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.

Disclaimer This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and do 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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2013