Heimer Law, an adoption law firm licensed in Arkansas. works with a number of different licensed adoption agencies to help families grow through adoption. Note that we work with licensed adoption agencies. But what is a licensed adoption agency?
In Arkansas, the Arkansas Department of Human Services (DHS), through its Placement and Residential Licensing Unit (PRLU), is responsible for licensing adoption agencies under the Child Welfare Agency Licensing Act. Adoption agencies are defined as “child welfare agencies,” and there is a Child Welfare Agency Review Board in charge of making sure that the agency provides safe and healthy care for children under the supervision of qualified people.
Requirements
Any agency operating in Arkansas must have an office in Arkansas. If they also have offices in other states, they must demonstrate that they are in good standing in those states.
The agency must submit an application and include a collection of documents including a variety of policies, proof of financial soundness and insurance, names of the workers and the Board members, and verification of their qualifications. The PRLU inspects the premises and makes sure that the organization meets all requirements. They present their findings to the Child Welfare Agency Review Board. If the organization meets all requirements, the Review Board issues a license.
Without a license, no individual or organization can advertise, place, plan for, or assist in the placement of any unrelated minor for adoption.
Exceptions
There are exceptions to these rules. For one thing, government offices do not have to be licensed.
A religious organization can choose not to be licensed and can still take part in adoption services, as long as they follow the rules for the exemption of churches. “In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form signed by the persons in charge that the agency has met the fire, safety, and health inspections and is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet,” the law says.
In other words, adoption agencies run entirely by churches must meet the same standards as licensed agencies, but they can choose not to be licensed. The DHS can check on them, but that is up to the Review Board.
Finally, adoption facilitators are unlicensed in individuals or organizations that help match children with adoptive parents. Since they are not licensed, there is no oversight of these people and they may have no qualifications as adoption professionals.
Adoption attorneys
Regardless of your choice — a licensed adoption agency, an unlicensed religious adoption service, or an adoption facilitator, make sure that you have a qualified adoption attorney on your side. Adoption is a legal process requiring a court decision. It’s essential to make sure that all the legal tasks are completed correctly.
Heimer Law will support you throughout the process. Contact us for a free consultation.
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