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Question

I am a foster parent for twin 9-year-old girls in dcf custody. I am not a regular foster home but intensive foster home. The goal for the girls has been changed from reunification to adoption. My husband and I have been asked if we were interested in adoption which we said no to. We also said that we would be willing to do guardianship. Their lawyer and therapist are receptive to this. DCF is not. They keep telling us that the two (adoption and guardianship) are the same. So I'm wondering why they are still trying to push the adoption? Would you know?

Submitted: 269 days and 14 hours ago.
Category: Family Law
Value: $30
Status: CLOSED
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hyde park, Massachusetts

Already Tried:
listened to what dcf has to say. they say it's the same, guardianship and adoption.
i know with both there is a stipend. I also know that with guardianship there's what's called pac monies. I know this because of people who i've talked to have said this and this pac money is not available with adoption. Also because when we were transitioning the girls to our home from their group home, we received pac monies in addition to the regular rate we receive. These girls both have a lot of needs, the both have adhd, have delayed learning, both in special ed classes. They receive speech therapy, occupational therapy in school as well as a counselor in school. The younger will be getting a pt eval done in school, she has cerebral palsy and will need physical therapy which she has not received yet in addition to a heart murmur. They also have a therapist coming to the house twice a week, they are on meds and all of this because of behavior issues. DCF doesn't think that all of these services qualify the girls for the special needs rate for guardianship. What is your expert opinion on all this?

Accepted Answer

Dear XXXXXXXXXXXXXXXX - Adoption and guardianship are not the same. In an adoption you actually become the parent of the child. In a guardianship you have legal control over the child but are not forced to continue and can withdraw at any time. An adoption is for the life of the child.

 

Obviously I can't read the mind of the DCF but it is my guess that they want finality for the children. If they are adopted they have a permanent home guaranteed. A guardianship could last until they are 18 but it is not a certainty and the children do not obtain the same legal rights as to the guardians as they would to parents.

 

Since you are not willing to adopt the DCF is probably looking for someone who is willing to become the actual parents of the girls.

 

David Kennett - JD - Attorney at Law

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Expert: Dave Kennett
Pos. Feedback: 98.7 %
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Answered: 2/25/2009

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25 years experience as practicing attorney

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