Open Records - Foster Care Adoptions?

Question

What are your thoughts on open records in the instance of foster care adoptions -- for the purpose of this question, please only address foster care adoptions where abuse and neglect were the cause. Do you think there is any fear of the abusive bio parent finding the child and inflicting more harm?

I know most of you are for open records but what about this type case? do you think the bioparent could/would inflict harm twice over?

have you heard about carol sandusky (years ago) -- she was abused, adopted and then they found her.

should bio parents who have their child(ren) removed due to physical / mental abuse be allowed to open records to find them again? If so, should there be any safeguards to ensure that she won't hurt the relinquished child/adult?

Answer 1

Open records legislation is about open records for adult adopted citizens. They should always have the same rights as everyone else.

Regarding the eta to the question:

The adult?  Adults can handle their own issues and relationship matters without unrequested state/court interference, thank you.  Having been adopted makes us no less capable of doing such than the non-adopted people out there.  

< sarcasm >I know how to dial 911. </ sarcasm >

Answer 2

Open records is about ADOPTEES having access to THEIR OWN records.  ALL OTHER ADULTS have access to their own records; ADOPTEES should have that same access.

I have no interest in opening adoptee records to OTHER PEOPLE.  I am interested in opening adoptees' records to THOSE ADOPTEES to whom those records pertain.

I see no reason to seal any records away from the person, in this case or any other.

Answer 3

Perhaps you confuse 'open adoption' with open records for ADULT adoptees

Adults are more than capable of handling their own adult relationships without the interference of the State

Open records for adult adoptees is not a relationship issue, it is an equal rights issue.  Every ADULT should have access to their own, unadulterated record of birth if they wish it, whatever their background.

The fact that birth records are not sealed until AFTER the adoption is finalized means that most foster care kids are likely to know the identity of their parents anyway and vice versa.

On a side note, here in the UK foster/adopted children are afforded visitation with their natural parents even after the adoption is finalized albeit supervised visitation at a 'family centre' in cases where safety is in question

ETA.  I fail to see how an adoptee having access to his or her own record of birth would cause the birthparent to 'find' him or her

As someone has already said 'open records' does not mean open to everyone, only to the person the record belongs to

Answer 4

Once the adoptee is an adult, that adoptee should have every right to his or her own records.  It doesn't matter what the past held; that is the adoptee's past and they have every right to know about it if they so choose.

Adoptees don't stay children forever, as some people seem to like to believe.

Answer 5

I think it is definitely a case to case basis. All that matters is the safety and well being of that innocent child. It is our duty to be their protectors, as they cannot do it for themselves! I think that they should still have their records open when they are 18 so they can know and do what they please, once they are an adult.

Answer 6

I have always believed that open records refer to the Adoptees having access to their own information (as Phil mentions in his answer).  

I do agree that children in foster care who are there because of abuse or neglect, should be protected.  Once they are an adult, they should be allowed to make their own decision with regards to what they want to do.  

We are in a similar situation (although not a true foster care adoption) where the state removed our son from the care of the bio parents due to those reasons.  Although the bio family chose to make an adoption plan for the child outside of foster care, we do worry about what could happen if the bio parents just showed up on our doorstep.  We are involved with the grandparents and they have expressed concern for this also.  So I know it is valid since they share the same concerns.  

This is actually one of the reasons that I struggle with making open adoptions legally enforceable.  But I know that my son's situation is not the situation for all adoptions.

Answer 7

A 'safeguard'?  How about a restraining order?

If you're talking about 'children' (under 18), then of course it should be confidential.  But when the children are adults, everything should be open.  I guess if they're that scared, they could go about changing their name AGAIN.

But if these 'abusive parents' are as evil as you're implying, they'll be behind bars anyway, won't they?

Why should adults,  fostered as children have more protection than other crime victims?  It sounds like your suggesting a witness protection program or something...

I'd rather have my tax dollars spent elsewhere.

Answer 8

I'm not an adoptee, so I could be on the wrong track here...but I really think it should be entirely up to the adoptee to choose whether to search.  I don't know if any differentiation can be made, legally, between foster/adopt and other types of adoption.

Honestly, though, I hadn't really made up my mind about this topic until you brought this up.  I understand there are a lot of biological parents who are coerced into giving up their children, and I'm aware that there's a whole lot of inappropriate stuff going on...some of which makes me absolutely sick...but I think that in the end, the child is the person at the center of the storm, and the adults need to act ONLY in the best interests of the adoptee.  Basically, once that child is already in the home, and has been there long enough to form an attachment/bond - once it has reached a point where it would be detrimental to the child for the biological parent(s) to step in without the adoptee's permission...from that point on, I think it should be up to the adoptee to decide to search.

An adoptee has basically been shipped from one family to another with no say in anything that affects his or her life...I think they should be empowered to make as many of their own decisions as possible.

Answer 9

In the case you are specifically asking about, my answer would be absolutely never give the bio parents information regarding the child/ren or the adoptive parents.  If the children want to find the bio parents once they are of legal age, then I believe the records should be open to them.

Look, my girls weren't just abused.  They were tortured and scarred for life, physically, mentally, emotionally.  The bio parents were very scary people and they wanted their children back.  I guess for the welfare checks and the money they made prostituting them out when they were infants!

Anybody who thinks those people should have any rights at all where any child is concerned needs to rethink their priorities.

These children could not even live in Foster Care in safety.  They were moved every few months, separated into different counties, moved back together a few months later, etc.  The bio father beat their social worker almost to death IN THE OFFICE trying to get her to tell where they were.  Naturally everyone tried to help her until the police arrived, but he was so hopped up on drugs they couldn't keep him down and off of her.  She was hospitalized from the beating.

They borrowed a car from a friend and followed one Foster Mom home with the kids after a visit.  They came back that night and sprayed gas all over the outside of the house and lit it on fire.  When they caught them they asked if it ever crossed their minds that their children could have been killed in the fire.  Their response was that they would rather them be dead than taken away from them.

I could go on, but I think you get my meaning.

Answer 10

If a child / adult needs protection from their family from fear of stalking, and abuse of their biological family, then a law needs to be created for those specific individuals. You can't punish an entire group of people because of the dysfunction from certain families. Thats...discrimination.

Adoption is NOT the witness protection program. What about the foster kids who are abused by their foster parents who protects them then? not adoption, not sealed records?!?!

No offense to you but there is little logic behind the question you are asking.

Answer 11

I have two children that are adopted.  They are grown now.  The state closed their records but I did research on my own and found their grandmother and siblings.  I kept these records and gave them to them when they were 18, and it was their choice if they wanted to find them.  My son was 27 when his daughter was born and became sick.  At this point he contacted them,  Later my daughter wanted to meet them also.  I really feel that it is their right to make that decision and make all efforts to do these for them.  I feel that the parents have lost that right by the abuse that inflected on them, but was their rights to know of their parents,  My job was to keep them safe and let them have a normal childhood/ and above all love them.  They are normal adults now.  Thank God for that.