Judiciary

Bills call for more information in adoption process

The Judiciary Committee heard testimony Jan. 20 on a bill that would give adoptive parents more access to information about a child they are considering for adoption.

LB94, introduced by Omaha Senator Gwen Howard, would require that adoptive parents have access to a child’s file at the state Department of Health and Human Services after filing a petition for adoption and before entry of a decree of adoption for a child who is committed to HHS.

“Families need to have all the information available when they make a lifelong commitment of raising a child,” Howard said.

Some families have discovered after an adoption was complete that a child had problems they were not informed of, she said. This commonly results in the child being placed back into the system, she said, because the family was not well-equipped to meet the child’s needs.

“Families who are engaged from the onset are more likely to engage if problems arise,” Howard said.

Pamela Allen, executive director of the Nebraska Foster Parents Association, testified in support of the bill, saying that she hears too often from families who have adopted children without proper disclosure.

Families should be allowed to make an informed decision on whether they will be able to meet the needs of a child, she said. Some mental health issues and symptoms of fetal alcohol syndrome may not appear in children until they are older, she added, and are not easily detected by a prospective parent.

In some cases, Allen said, families have had to mortgage their homes to pay an adopted child’s medical bills and marriages can become strained.

Denise Dowell, an adoptive parent of four children and a proponent of the bill, said she was aware when adopting one of her daughters that she had cerebral palsy and mild retardation. What was not disclosed to her, Dowell said, was that her 13-year-old daughter had been touched inappropriately as a young child.

Dowell said that a year after being adopted, her daughter began acting out and later was diagnosed with post-traumatic stress disorder due to being molested.

Dowell became concerned that her daughter would cause harm to her other three children, she said, but was told by HHS that the family did not qualify for services.

Christie Abdul, a licensed clinical social worker, also testified in support of LB94, saying it is imperative that prospective adoptive parents not only have access to information in a child’s case file, but that the content is explained to them.

“At this time there is no guarantee that this full disclosure will happen,” she said.

The committee also heard testimony on a second bill that would make more information available to adoptive parents.

LB124, introduced by Lincoln Sen. Bill Avery, would amend the adoption placement statute to include in a child’s medical history the race, ethnicity, nationality, Indian tribe or other cultural history of either or both parents.

“The importance of this is that adoptive parents and adoptees can identify potential inherited medical issues that may arise,” Avery said.

Judi gaiashkibos, executive director of Nebraska’s Commission on Indian Affairs, testified in support of the bill but suggested removing the words “Indian tribe,” so the bill would be less restrictive.

There are complexities to enrolling in an Indian tribe, she said, adding that she does believe it is important for children to know their heritage.

The committee did not take immediate action on either bill.

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