In the past, adoptions of CPS kids that have occurred out-of-county have occurred without transferring the CPS case to the other county.
Lately, we have had some cases where the issue of transfer before adoption is raised. I have not found anything that makes a CPS adoption different from any other SAPCR or adoption case with respect to venue or jurisdiction, so I am wondering if anyone else out there has any thoughts.
My concerns with transferring the case are several. First, the adoption might not go through and the kids may be lost in the shuffle between counties and possibly caseworkers. Second, the adoption may not occur in a timely manner, in which case there would have to be placement review hearings occurring until it did happen. Third, if I were the CPS attorney, especially a county or district attorney representing the Department, I would not want to have a case that I knew nothing about landing in my workload.
Any thoughts on this issue?
I have represented adoptive parents in the past, and the county of the CPS action retained jurisdiction. My thought is, a final termination order would have been entered by the CPS court before the adoption could occur. Therefore, that county would have acquired continuing, exclusive jurisdiction. As long as the child in still in the state, I see no reason for transfer to another county. Plus, keeping it where everyone is familiar with the facts simplifies things a lot, especially if you can retain the same attorney ad litem, etc. Wouldn't the State also have an interest in keeping it there, as a quicker disposition would save the Department money?
[This message was edited by DMS on 04-17-09 at .]
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