43060. Open Adoption Agreements and Letters of Intent

Applies To:  This policy applies to child welfare employees.

Policy Number & Title:  43060. Open Adoption Agreements and Letters of Intent

Effective Date:  July 1, 2023

Purpose

The purpose of the policy is to provide guidance on the use of Open Adoption Agreements (OAA) and Letters of Intent. OAA and Letters of Intent are used when its determined in a shared planning meeting (SPM) that continued contact and/or communication with birth parents is in the best interest of dependent children or youth. This includes using:

  • OAAs when they are placed in a prospective adoptive placement.
  • Letters of Intent when they are not placed in a prospective adoptive placement.

Authority 

RCW 26.33.160   Consent to adoption-When revocable-Procedure

RCW 26.33.295   Open adoption agreements-Agreed orders-Enforcement

Policy 

  1. Child and Family Welfare Services (CFWS) caseworkers must:
    1. Only consider using OAAs or Letters of Intent with dependent children or youth when it is:
      1. Determined to be in their best interest.
      2. Recommended by participants at adoption planning reviews (APR) or other Shared Planning Meetings (SPM).
    2. Consult with an adoption caseworker when considering and finalizing OAAs or Letters of Intent.
    3. Create OAAs or Letters of Intent prior to:
      1. Termination of parental rights (TPR).
      2. Accepting a relinquishment of parental rights.
    4. Not use OAAs or Letters of Intent as tools to coerce parents into relinquishing their parental rights. Parents should only enter into OAAs or Letters of Intent freely, voluntarily, and with full knowledge of the consequences.
  2. DCYF may reimburse the costs and services related to negotiating OAAs as a non-recurring expense for the prospective adoptive parents through the adoption support program.

Resources 

Adoption Planning Reviews (APR) policy

Adoption Support policy

Open Adoption Agreements and Letters of Intent procedures (Located in the DCYF Policies & Rules Office SharePoint)

Shared Planning Meetings policy

Termination of Parental Rights (TPR) policy

Original Date:  July 1, 1991

Revised Date:  July 1, 2023

Review Date:   July 31, 2027

Approved by:  Frank Ordway, Chief of Staff