In contrast, unregulated transfers  occur when parents intend to permanently transfer custody of their child  to a new family without following these steps. While the adoption  process can be different depending on the state and type of adoption, it  typically consists of: a home study performed by a licensed professional to assess the  suitability of the prospective parents, such as their health, finances,  and criminal history; an immigration application and petition, in the case of an international pre-adoption training for prospective parents, either online or in- person, for a specified number of hours on topics such as the  adoption process and issues related to attachment and bonding; final approval of the adoption by a court, either in the United States or  the child’s country of origin; and post-placement or post-adoption services, in some cases, which can  range from information and referral services and peer support groups  to more intensive services for children with severe behavioral needs. For these adoptions, states set  requirements for home studies, pre-adoption training, and post-adoption  services. Families May Choose an Unregulated Child Custody Transfer Due to an Adoption in Crisis and Challenges Accessing Services

		Families May Be Unprepared for the Challenges of Adopting Children with Special Needs, Particularly for International Adoptions

Families may choose an unregulated child custody transfer because they  were not sufficiently prepared for the challenges they experienced in their  adoption, according to many child welfare and adoption stakeholders we  interviewed. About  half of all states require agencies facilitating these adoptions to provide  prospective parents with at least 27 hours of training, according to data  obtained from HHS officials in May 2015. Similarly, families who adopted internationally may also be hesitant to  reach out to their adoption agency. Little Is Known about the Prevalence of Unregulated Transfers

		Unregulated Child Custody Transfers Are Difficult to Track

Because unregulated child custody transfers are an underground practice  that happens outside the purview of the courts and the child welfare  system, they are difficult to track, and no federal agency keeps statistics  on their occurrence. Observations of Social Media Sites Found Families Seeking New Homes for Their Adopted Children

Our observations of forums on social media websites indicate that some  parents have been using these venues to seek new homes for their  children. Because we did  not investigate these posts further and because discussions between  online participants can be continued privately, we were unable to  determine whether a child was actually transferred to another family. Selected States and Federal Agencies Have Taken Some Steps to Address Unregulated Transfers

		Activity in the 15 States GAO Reviewed Mainly Involved Efforts to Deter Unregulated Transfers

We identified 15 states in which laws were enacted, proposed legislation  was introduced, or recent changes had been made to child welfare  programs that were intended to safeguard children who may be subject to  unregulated transfers. Of these 15  states, 7 enacted legislation and 3 made changes to child welfare  programs. The most common approaches were to criminalize  unregulated transfers or actions that may lead to these transfers, and to  restrict the advertising of children or potential homes for placement. As shown in table 5, the State Department established an interagency  working group in October 2013 to develop a coordinated federal response  to unregulated transfers. For example, it issued a memorandum in May 2014 to  states that encouraged them to promote services to all adoptive families  and outlined various sources of available federal funds. Federal officials said they will continue to examine ways to address  unregulated transfers. The Departments of Health and  Human Services, Homeland Security, and State provided technical  comments that were incorporated, as appropriate. The Department of  Justice had no comments. Appendix I: Objectives, Scope, and Methodology

GAO examined (1) the reasons adoptive families consider unregulated  child custody transfers, and services that exist to support these families  before they take such an action; (2) what is known about the prevalence  of these transfers; and (3) actions selected states and federal agencies  have taken to help address such transfers. Specifically, we   conducted interviews with 45 agencies and organizations, including  officials from federal and selected state agencies, child welfare and  adoption organizations, and adoption agencies, to acquire a range of  perspectives on this topic;  reviewed relevant federal laws and regulations, selected state laws,  and federal and selected state policies;  reviewed and analyzed documentation provided by officials we  interviewed;  conducted a search of related literature and reviewed relevant  articles; and  searched online forums on selected social media sites to find  illustrative examples of families who may be considering unregulated  transfers. Because children adopted domestically as infants and those in biological  families may be less likely to have mental health issues due to trauma  and institutionalization, and reports of unregulated transfers have  primarily pertained to children adopted internationally or from foster care,  our report focuses on international and foster care adoptions. Citizenship  and Immigration Services (USCIS), the Department of Health and Human  Services (HHS), and the Department of Justice (Justice). We asked officials in the 15 selected and identified  states to confirm whether their state had enacted a law, introduced  proposed legislation, or took other relevant activity as of July 2015.
Why GAO Did This Study

Parents have the legal responsibility to protect and care for their children. However, recent media reports have illuminated a practice involving unregulated custody transfers of adopted children. Commonly referred to as “rehoming,” this practice involves parents who turn to the internet or other unregulated networks to find a new home for their child. These media reports found instances in which adopted children were placed in dangerous situations where they were harmed by the adults who received them. GAO was asked to review issues related to unregulated transfers of adopted children.
GAO examined (1) the reasons adoptive families consider unregulated child custody transfers, and services that exist to support these families before they take such an action; (2) what is known about the prevalence of these transfers; and (3) actions selected states and federal agencies have taken to address such transfers. GAO reviewed relevant federal laws, regulations, and policies and selected state laws and proposed legislation. GAO also interviewed officials from federal agencies, 19 child welfare and adoption organizations, 15 adoption agencies, and 7 states selected primarily because of legislative activity on unregulated transfers. GAO also searched online activity on selected social media sites to find illustrative examples of families who may be considering unregulated transfers.
The Departments of Health and Human Services, Homeland Security, and State provided technical comments. The Department of Justice had no comments.

What GAO Found

Some adoptive families may consider giving their children to another family outside of the courts and child welfare system—an “unregulated child custody transfer”—because of a crisis within the adoptive family and difficulties accessing support services, according to officials GAO interviewed from selected states, child welfare and adoption organizations, and adoption agencies. Children adopted internationally or from foster care may need special care or counseling because of a history of institutionalization and trauma. Some parents, particularly those who adopted internationally, may not be prepared to deal with their adopted child's complex needs. Federal regulations require agencies facilitating international adoptions to provide parents with at least 10 hours of pre-adoption training. In contrast, about half of the states require agencies facilitating foster care adoptions to provide at least 27 hours of training, according to data obtained from Department of Health and Human Services (HHS) officials in May 2015. Many officials said adoptive parents may experience challenges finding mental health services for their families, such as therapists familiar with adoption issues. Many officials also said parents who adopt children with more severe needs may have difficulty finding and paying for intensive services such as residential treatment, which can cost thousands of dollars per month. Officials said these challenges may lead families to seek out unregulated transfers.
Little is known about the prevalence of unregulated transfers. Because they happen without any oversight, these transfers are difficult to track and no federal agency keeps statistics on their occurrence. GAO's observations of social media sites found that some parents have been using online forums to seek new homes for their adopted children. During a 15-month period, GAO identified 23 instances in which a parent posted that they were seeking a new family for their child. Because GAO did not investigate these posts and because discussions between online participants can be continued privately, GAO was unable to determine whether these participants intended to pursue a legal placement or an unregulated transfer, or whether such a transfer actually took place.
Selected states and federal agencies have taken some steps to address unregulated transfers. GAO identified at least 15 states in which there was legislative and other activity in recent years intended to address these transfers. Seven of the 15 states had enacted legislation and 3 made changes to state child welfare programs as of July 2015. The most common approaches were criminalizing unregulated transfers or actions that may lead to these transfers, and restricting the advertisement of children for placement. In addition, activity in several states involved improving post-adoption services, which many officials said was a key need for families who resort to unregulated transfers. However, federal officials and others said addressing service needs can be difficult and time-consuming, and funding for these services is limited. At the federal level, several agencies established an interagency working group on unregulated transfers in October 2013. Officials from the Department of State said they plan to revise international pre-adoption training requirements that may include an increased number of minimum hours. HHS issued a memorandum in May 2014 encouraging states to promote post-adoption services and to review their policies to address unregulated transfers.