Agency should have a written pre-defined policy regarding what kinds of cases and in what ways surrenders with conditions would be accepted. The parties should be able to discuss the possible terms in an open way, with attorneys present and with enough time to consider the matter carefully.
Who should be included in the discussion and sign the agreement?
When should the process take place and how?
Should the agency still accept conditional surrenders after a certain point in a TPR?
What kinds of terms are to be considered in what situations?
Policy and procedure if there are disagreements – what should agency role be, if any?
Does everyone understand legal requirements if failure of terms before and after the adoption?
Should there be a “dead man’s clause”for failure of birth parent to appear for visits?
© Copyright 2008, Margaret A. Burt, Esq.