Legal Definitions - legal risk placement

A legal risk placement occurs when a child is placed with individuals who intend to adopt them, but the legal process to permanently end the biological parents' rights has not yet been finalized. This means there is a possibility that the child could be returned to their biological parents or placed with another family, even after living with the prospective adoptive parents for some time. The individuals taking the child into their home in such a situation are aware of and accept this inherent legal uncertainty.

• Example 1: Biological Parent Seeking Reunification

  A toddler, Leo, is removed from his biological mother due to neglect. The court has initiated proceedings to terminate her parental rights, but she is actively participating in court-ordered rehabilitation programs and has a review hearing scheduled in six months to assess her progress. Meanwhile, Leo is placed with the Millers, who hope to adopt him.

  This is a legal risk placement because while the Millers are caring for Leo with the intent to adopt, the biological mother's parental rights have not been definitively terminated. There's a real possibility that if she successfully completes her rehabilitation plan and demonstrates significant improvement, the court might decide to reunite her with Leo, meaning the Millers would lose custody.

• Example 2: Pending Appeal of Parental Rights Termination

  Sarah, a five-year-old, has been living with the Chen family for eight months. A court previously ruled to terminate her biological father's parental rights due to chronic substance abuse and abandonment. However, the father has filed an appeal, arguing that he was not properly notified of the original proceedings. The appeal process could take several more months to resolve.

  The Chen family is in a legal risk placement. Although a court initially terminated the father's rights, the ongoing appeal introduces significant uncertainty. If the appeal is successful, the original termination order could be overturned, potentially leading to Sarah being returned to her biological father or requiring new legal proceedings, thereby disrupting the Chen family's adoption plans.

• Example 3: Revocable Surrender of Parental Rights

  Baby Maya is placed with the Rodriguez family, who are eager to adopt her. Her biological mother signed a document surrendering her parental rights shortly after Maya's birth. However, the legal period during which a biological parent can revoke such a surrender has not yet expired in their state, and the mother has expressed some hesitation to her social worker about her decision.

  This is a legal risk placement because the biological mother's surrender of rights is not yet final and irrevocable. Until that specific legal window closes, there remains a chance that she could change her mind and withdraw her surrender, which would mean Maya would be returned to her, and the Rodriguez family's adoption would not proceed.