Are You Ready to Adopt Your Foster Child?
For many foster parents, adoption is the moment when “our placement” finally becomes “our child.” Getting to that moment takes time and patience. Once a juvenile court case makes a child legally free for adoption, you need someone who knows both the DCFS system and the adoption courts to help you finish the journey.
Attorney Rob Parker is a certified DCFS Panel Attorney. When juvenile court cases result in a child being available for adoption, we are licensed and able to complete the foster parents’ adoption. Over the years, Parker & Parker Attorneys at Law has completed thousands of foster care adoptions across Illinois.
Why Foster Parents Need Their Own Adoption Attorney
Foster cases are different from private adoptions. They usually begin in juvenile court because of abuse, neglect, or dependency. By the time you reach adoption, the child may have been in care for years. Illinois also has one of the longest average waits in the country before children reach “permanency.”
Once DCFS and the State’s Attorney move to terminate parental rights and the court agrees, foster parents are often the first choice for adoption. At that stage, you need an attorney who:
• Understands juvenile court orders and permanency goals
• Knows DCFS procedures and panel rules
• Can review and negotiate Adoption Assistance (subsidy) correctly
• Moves the case forward without needless delay once the child is free for adoption
Our role is to take your case from “permanency goal: adoption” to a signed judgment and a new birth certificate with as few surprises as possible.
Ensuring Your Child Receives All Available Adoption Assistance
In nearly every foster care adoption, there is a separate process for obtaining Adoption Assistance, also called a “subsidy.” This is not a bonus for foster parents. It is a package of supports for the child, based on the child’s needs, to help make adoption possible and stable over the long term.
DCFS has a set of forms and rules that change over time. As DCFS panel counsel, we complete required training every year to stay current. Before you sign anything, we meet with you to go over the proposed subsidy line by line. We want you to understand:
• What benefits are being offered now
• How long those benefits will last
• What happens if your child’s needs change later
• What appeals or reviews may be available if something is missing
What Adoption Assistance Can Include
The specific package for each child is unique, but adoption assistance may include:
• A state medical card (Medicaid) for the child
• Monthly cash payments to help with ongoing care
• Higher levels of support for children with extra needs
• Help with certain therapies, equipment, or specialized services
• Assistance with sibling groups or older youth who are harder to place
Getting this right matters. Once the adoption is final, it can be much harder to fix an incomplete subsidy agreement. We work to be sure the agreement is complete, accurate, and tailored to your child’s actual needs, not just a standard form.
From Juvenile Court to Adoption Day: What to Expect
Foster families often tell us they feel like they have been “in the system forever.” Adoption is the chance to leave that system behind, but there are still a few key steps:
1. Termination of parental rights.
The juvenile court must terminate the rights of the biological parents or accept a consent before the child is legally free for adoption. This part is usually handled by DCFS and the State’s Attorney, not by your adoption attorney.
2. Adoption Assistance agreement.
While the juvenile case is winding down, DCFS prepares the subsidy paperwork. We review it with you, make corrections, and communicate with the worker so benefits match the child’s needs.
3. Filing the adoption case.
Once the child is free for adoption and the subsidy is in place (or nearly complete), we file the adoption petition in the proper court. Because foster care cases are court-based from the start, much of the background work is already done, but the adoption still needs its own case and orders.
4. Final hearing and celebration.
At the adoption hearing, the judge reviews the paperwork and hears brief testimony. You and your child usually appear in person or by video. When the judgment of adoption is entered, your child’s legal status changes from ward of the court to your son or daughter. We help obtain certified copies and the new birth certificate.
When Timing Is Critical
Children and foster families spend enough time waiting in foster care. Once a child is free for adoption, you should not face unnecessary delays. When you contact our office, we:
• Review where your juvenile case stands and what remains to be done
• Coordinate with DCFS, the guardian ad litem, and caseworkers
• File the adoption petition as soon as the law allows
• Work to schedule a final hearing as soon as the court and subsidy process permit
We cannot control every step inside DCFS or the courts, but we can make sure the legal pieces we handle move forward promptly and correctly. Our goal is to turn “someday” into a specific adoption date.
How We Support Foster Parents
Foster parents carry a lot. You have opened your home and heart to a child through hard times, court hearings, and caseworker visits. By the time adoption is on the horizon, you may feel hopeful and exhausted at the same time.
We try to make this last stage as steady and understandable as possible by:
• Explaining the remaining steps in plain language
• Reviewing your subsidy and court orders so you know what they mean
• Preparing you and your child for what happens at the adoption hearing
• Answering questions about name changes, birth certificates, and Social Security
If you are still deciding between staying a foster parent or adopting, we also talk through how adoption will affect your rights, the child’s services, and your long-term relationship with DCFS.
Other Adoption Resources for Foster Families
If you want to learn more about adoption in general before your foster child’s case is ready, you may find these pages helpful:
• Our main Illinois adoption practice page, which explains private, agency, foster, stepparent, and international adoptions.
• Our article, Starting the Adoption Journey in Illinois: Where Families Begin, for families exploring different adoption paths.
Parker & Parker Is Here for You
If you are a foster parent and your child may soon be available for adoption—or already is—this is the time to get clear answers and a plan. We are honored to help foster families make that final step to permanency.
Schedule a consultation to learn how we can guide you through adoption as a foster parent. Call 309-673-0069 or send an email inquiry through this website.
For help with foster parent adoptions or other adoption matters, call Parker & Parker Attorneys at Law at 309-673-0069, visit our contact page, or schedule online for injury cases or for adoptions.
