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Interlocutory Decree

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Postby Nikki » Thu Nov 05, 2009 11:49 pm

when are you supposed to file the interlocutory decree for adoption? Can you file after the child has already been in the home for 6 months and not have to wait another 6 months to finalize?
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Postby MrsBonsai » Fri Nov 06, 2009 11:52 am

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Last edited by MrsBonsai on Fri Nov 06, 2009 12:09 pm, edited 1 time in total.
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Postby angelwings » Fri Nov 06, 2009 11:59 am

Julie, I think its like a temporary adoption decree saying "this is our plan"

Just guessing, but it probably is in place to give bparents the heads up?
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Postby MrsBonsai » Fri Nov 06, 2009 12:00 pm

I'm still looking for info for you. I've just never heard that term before, and we've been approved and waiting to adopt for 2 years.

I see you're from Wyoming . . . so I'm looking and finding this:

http://www.wyomingcs.org/index.php?categoryid=24

When will the consent for adoption form be signed?

Once the baby is born, Wyoming Children's Society will review the adoption decision with the birthparents. The voluntary consent is signed 24 hours after birth and is irrevocable by Wyoming law.

Can a birthparent change his/her mind once a voluntary consent for adoption form is signed?

Wyoming law states a voluntary relinquishment of parental rights is permanent and irrevocable once signed and can only be overturned due to proven fraud or distress. Therefore, in Wyoming the birthparents do not have a period of time in which they can change their mind about the adoption decision.

When is the adoption finalized?

The adoption will be finalized once post placement supervision is complete, which generally occurs within six months after placement. The Wyoming Children's Society and your attorney will assist you with this process.

What is the Interstate Compact for the Placement of Children? How does this work?

Interstate Compact for the Placement of Children (ICPC) is a statute adopted by all 50 states and the District of Columbia. ICPC applies to children who are placed across state lines for the purpose of foster care or adoption. ICPC does not apply to private family child placement arrangements. If a child is born in a different state than the adoptive family resides, the following process will occur:

* The state the child is born in will initiate the ICPC paperwork by submitting required paperwork to their ICPC Director for approval
* Sending state will approve placement and send the ICPC paperwork to the receiving state (adoptive parent’s state of residence) for approval
* Upon review and successful approval the placement will be approved and the adoptive family is given permission to bring the child to their home state
* Each state has their own time frame for approving ICPC cases so a specific time frame depends on the states involved in the placement. Generally speaking, the adoptive parents should plan to stay in the state the child is born for 5-10 business days following the birth of the baby.
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Postby MrsBonsai » Fri Nov 06, 2009 12:01 pm

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Last edited by MrsBonsai on Fri Nov 06, 2009 12:09 pm, edited 1 time in total.
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Postby MrsBonsai » Fri Nov 06, 2009 12:08 pm

I FOUND IT!


Finally! Well, learn something new every day.



Here's Wyoming's Statues reguarding "into" what you were asking. :)

http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title1/T1CH22.htm
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Postby MrsBonsai » Fri Nov 06, 2009 12:11 pm

1-22-111. Decree; investigation; denial of adoption.



(a) After the petition to adopt has been filed and a hearing held the court acting in the best interest and welfare of the child may make any of the following orders:



(i) Enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners pending further order of the court;



(ii) Defer entry of an interlocutory decree of adoption and order the department of family services or a private licensed agency to investigate and report to the court the background of the child and of the petitioners, and the medical, social and psychological background and status of the consenting parent and putative father. After a written report of the investigation is filed, the court shall determine if the adoption by petitioners is in the best interest and welfare of the child and thereupon enter the appropriate order or decree;



(iii) Enter a final decree of adoption if the child has resided in the home of the petitioner for six (6) months; or



(iv) Deny the adoption if the court finds that the best interests and welfare of the child will be served by such denial.



(b) If the court denies the adoption it shall make an order for proper custody consistent with the best interest and welfare of the child.

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Postby MrsBonsai » Fri Nov 06, 2009 12:13 pm

1-22-112. Application for final decree.



(a) If an interlocutory decree has been entered petitioners may apply for a final decree of adoption after the child has resided in the home of the petitioners for six (6) months and a hearing on the petition may be required.



(b) If an interlocutory decree has not been entered a hearing on the petition for a final decree of adoption shall be set as provided in W.S. 1-22-106, notice thereof shall be given as provided in W.S. 1-22-107 and a final hearing shall be had on the petition.
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Postby MrsBonsai » Fri Nov 06, 2009 12:15 pm

So I think that's the answer to your question. :)

(a) After the petition to adopt has been filed and a hearing held the court acting in the best interest and welfare of the child may make any of the following orders:



(i) Enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners pending further order of the court;
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Postby Nikki » Fri Nov 06, 2009 7:29 pm

I got a hold of someone from the agency today basically when the child is in your home is when you apply for the interlocutory decree then when the child is in your home for six months you finalize. So since we have already have had him in our home she said to move to finalize the adoption. So I hope we can and not have to wait another 6months to adopt him. its up to the judge?
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Postby MrsBonsai » Fri Nov 06, 2009 8:23 pm

I think it sounds like it. But if TPR is already signed, and the agency placed with you, it's probably just a formality to file it. Sounded like it didn't always need to be filed? Not sure what the if it wasn't filed part was pointing to.
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Postby princessinthepea » Sun Nov 08, 2009 10:16 pm

I've never heard of the term. When we got and adopted DD...we had to petition to the court to adopt her at 3 months and then we finalized at 6/7 months old.
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Postby Nikki » Sun Nov 08, 2009 10:38 pm

thats what the decree is to petition to adopt 6 months for birthpaents to change their mind. I just hope the judge will decide to finalize the adoption since he has already been in our home for 6 months
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Postby princessinthepea » Mon Nov 09, 2009 9:46 pm

THe birth parents for dd already signed off on their rights within two - three weeks after her birth. We had a six month waiting period for finalization w/the state. From what we've heard our state is one of the fastest to complete adoptions.
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Postby Nikki » Tue Nov 10, 2009 10:15 am

our parents signed off on the day after he was born the agencey has a 6 month wating period but i guess that was where the decree came in so haven't been able to get a hold of the lawyer yet to know if we can finalize or have to wait another 6months.
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