I'm hoping someone can help me! We've recently relocated from NJ to Ga. We've been doing fostercare for 5 years now. Naturally, I wanted it to continue after our move. A few months ago we decided to adopt one of our foster daughter's (from NJ). My husband has a 4th degree felony conviction of Official Misconduct and Witness Tampering (non violent). Now we're being told that Georgia might not allow us to adopt LS because of this conviction. Is this possible? We have the option of doing the adoption in Ga or Nj. Even if we decide to let NJ handle the adoption, Ga could possibly veto this because of his record. How can this be? We might not even be allowed to foster anymore because of the conviction. Please someone, give me advice!! My heart is breaking at the thought of the adoption not taking place. Once they conduct the background check on him and the results come back unsatisfactory, we were told we could appeal the decision within 10 days. Will we need representation or can we speak for ourselves? How can Ga not allow non-violent felons adopt or foster?? Advice/options?? There are so many children in need of homes! How can they turn down a dedicated husband/wife? Is it legal? He never went to jail. He paid off his $400 fine.

Georgia does not allow felons to foster children. Additionally, they rarely allow felons to adopt.

Get a lawyer... you will need one.

NEW JERSEY

Statutes:

Website for Statutes:
http://www.njleg.state.nj.us
Citations:
Adoption: Title 9, �� 9:3-37 through 9:3-56; Title 30, �� 30:4C-41 through 30:4C-49
Child Protection: Title 9, �� 9:6-1 through 9:6-8.86
Child Welfare: Title 9, �� 9:2-18 through 9:2-21; 9:6-8.8; 9:6-8.45 through 9:6-8.70;
Title 30, �� 30:4C-11 through 30:4C-28, and 30:4C-50 through 30:4C-61.2


Regulation/Policy

Website for Administrative Code:
http://law-library.rutgers.edu/ilg/njlaw.html#NJREGS
Note: There is no centralized location for the New Jersey Administrative Code on a publicly accessible website. A limited number of sections of the Administrative Code are available on this website.


Other Resources

Department of Human Services
N.J.A.C. 10:121A - Manual of Requirements for Adoption Agencies
http://www.state.nj.us/humanservices/ool/regulations/adoption%20agency%20manual.pdf
N.J.A.C. 10:122C - Licensure of Foster Homes
http://www.state.nj.us/humanservices/ool/regulations/122C%20amended%204-03.pdf
Child Abuse and Neglect: A Professional's Guide to Identification, Reporting, Investigation and Treatment
http://www.state.nj.us/humanservices/NJTaskForce/gtfmodel.html
Guides for Foster Parents
http://www.njfostercare.org/fpguidesframeset.html


Requirements for Adoptive Parents
Citation: Ann. Stat. �� 9:3-54.2; 30:4C-26.8; Admin. Code � 10:121A-5.6


The home study shall include fingerprint-based State and Federal criminal history record checks for each prospective adoptive parent and each adult residing in the home.
When the results reveal a criminal conviction, the agency shall examine the nature and seriousness of the crime and the date it occurred.
Special attention shall be given to crimes of violence, crimes that involve the use or threat of a weapon, rape/sexual assault, crimes that result in the loss of life, and crimes against children.
The circumstances of the crime, social conditions, and any evidence of rehabilitation will be considered.
The background checks shall be valid for 36 months.
The cost of all criminal history record checks shall be paid by the prospective adoptive parent.
The records of the division regarding reports of child abuse or neglect shall be checked for the proposed adoptive parent and any household member 18 years or older for information that would raise a question of the suitability of the proposed adoptive parent or household member.
The child abuse registry check shall be valid for 18 months.
A person shall not be eligible to adopt a child if that person or any adult residing in the household ever committed a crime that resulted in a conviction for:
A crime against a child, including endangering the welfare of a child, child pornography, child abuse, neglect, or abandonment
Murder or manslaughter
Aggravated assault in the 2nd or 3rd degree
Stalking
Kidnapping, criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure, or isolated area
Sexual assault, criminal sexual contact, or lewdness
Robbery in the 1st degree
Burglary in the 2nd degree
Domestic violence
Endangering the welfare of an incompetent person or an elderly or disabled person
Terrorist threats
Arson



Requirements for Foster Parents
Citation: Ann. Stat. � 30:4C-26.8; Admin. Code �� 10:122C-5.4; 10:122C-5.5


As a condition of securing and maintaining a license, the foster care applicant shall ensure that a fingerprint-based State and Federal criminal history background check and a child abuse record check are completed for each applicant and each household member at least 18 years of age.
A person shall be disqualified from being a foster parent if that person or any adult residing in that person's household ever committed a crime that resulted in a conviction for:
A crime against a child, including endangering the welfare of a child and child pornography, child abuse, neglect, or abandonment
Murder or manslaughter
Aggravated assault in the 2nd or 3rd degree
Stalking
Kidnapping, criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure, or isolated area
Sexual assault, criminal sexual contact, or lewdness
Robbery in the 1st degree
Burglary in the 2nd degree
Domestic violence
Endangering the welfare of an incompetent person or an elderly or disabled person
Terrorist threats
Arson
A person shall be disqualified from being a foster parent if that person or any adult residing in that person's household was convicted of one of the following crimes during the preceding 5 years:
Simple assault
Aggravated assault in the 4th degree
A drug-related crime
Robbery in the 2nd degree
Burglary in the 3rd degree
If the division determines that an incident of child abuse or neglect by any household member has been substantiated, the application for licensure or renewal shall be denied.
An exception may be made when it is determined that a foster child will not be endangered by remaining in the current foster home.



GEORGIA

Statutes:

Websites for Statutes:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1
http://www.legis.state.ga.us/legis/GaCode/index.htm
Citations:
Adoption: Title 19, Chapter 8
Child Protection: Title 19, Chapter 5, Chapters 14 and 15; � 19-7-5
Child Welfare: Title 15, Chapter 11, �� 15-11-58; 15-11-93 through 15-11-106; Title 49, Chapter 5


Regulation/Policy

Website for Administrative Code:
http://rules.sos.state.ga.us/
Note: See Department of Human Resources, Chapters 290-2 and 290-9-2

Website for Agency Policies: http://www.odis.dhr.state.ga.us/contents.htm
Note: See Family and Children

Other Resources

Department of Human Resources, Division of Family and Children Services
Foster Parent Manual
http://www.dhr.georgia.gov/DHR/DHR_CommonFiles/16854687FosterParentManual1.pdf
Relative Care Policy index
http://dfcs.dhr.georgia.gov/portal/site/DHR-DFCS/menuitem.8237042e9dbda3aa50c8798dd03036a0/?vgnextoid=35b7dcf444674010VgnVCM100000bf01010aRCR D&vgnextchannel=69e92b48d9a4ff00VgnVCM100000bf01010a RCRD
Statewide Model Child Abuse Protocol
http://dfcs.dhr.georgia.gov/DHR-DFCS/DHR-DFCS_CommonFiles/19906193Abuse_Protocol_Final.pdf
Comprehensive Child and Family Assessment Standards
http://dfcs.dhr.georgia.gov/portal/site/DHR-DFCS/menuitem.83054cda1a084d2f7da1df8dda1010a0/?vgnextoid=90f92b48d9a4ff00VgnVCM100000bf01010aRCR D



Requirements for Adoptive Parents
Citation: Ann. Code � 19-8-16; Rules & Regs. � 290-9-2-.06


A criminal records check is required for a prospective adoptive parent as part of the adoption investigation.
The petitioner shall pay the fee and the child-placing agency or other independent agent may make application for such records check to the Georgia Crime Information Center.



The following is from the Code of Rules and Regulations. The home study shall include the results of the criminal records check.

Requirements for Foster Parents
Citation: Ann. Code �� 49-5-69.1; 49-5-60


No licensed child-placing agency shall place a child in a foster care home unless the foster parent or parents and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination.
After obtaining the fingerprint records, the department shall notify in writing the agency or license applicant regarding whether the department's determinations were satisfactory or unsatisfactory for each person for whom an application was received. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency as foster care homes.
In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the FBI.
Evidence of a record of conviction of certain crimes shall result in an unsatisfactory determination. The crimes included are:
Battery, when the victim is a minor
Contributing to the delinquency of a minor
Sexual offenses
Criminal attempt of any of the crimes specified by this paragraph





An attorney in any adoption case is the best way to go. In a case where there may be any type of complication, an attorney is a must.