1
WHAT'S INSIDE
Home Study
Requirements
for Prospective
Parents in
Domestic
Adoption
Elements of a home study
Who must be included in the home study
Laws and policies for approving prospective
adoptive homes vary considerably from State
to State. In all cases, the process involves
conducting an assessment or home study of
the prospective adoptive parent or parents.
The home study process serves many purposes,
including educating and preparing the
prospective parents for parenting an adopted
child, gathering information about the family in
order to better match the parent and child, and
evaluating the tness of the adoptive family.
1
1
For an overview of adoption home studies, see Child
Welfare Information Gateway's The Adoption Home Study
Process.
Agency or person conducting the study
Qualications for adoptive parents
References
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | | https://www.childwelfare.govEmail: [email protected]
STATE STATUTES
CURRENT THROUGH AUGUST 2020
To access the statutes for a specic State or
territory, visit the State Statutes Search.
When studies must be completed
Grounds for withholding approval
Postplacement study requirements
Exceptions for stepparent or relative
adoptions
References
Foster to adopt placements
Requirements for interjurisdictional
placements
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov
2
This publication summarizes the laws and
policies regarding home study requirements
for all 50 States, the District of Columbia,
Puerto Rico, American Samoa, Guam, the
Northern Mariana Islands, and the U.S. Virgin
Islands.
2
WHO MUST BE INCLUDED IN THE
HOME STUDY
In all States, the District of Columbia,
American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin
Islands, all applicants for adoption, whether
single or couples adopting jointly, must be
included in the adoption home study. In
approximately 22 States, any adult member of
the household also must be evaluated.
3
In 21
States, the District of Columbia, and Guam, all
household members, regardless of age, must
be included in the study.
4
AGENCY OR PERSON
CONDUCTING THE STUDY
State laws and regulations specify the person
or entity who can conduct a home study
that will be accepted by the court that will
hear the adoption petition. In most States,
the department or licensed child-placing
agency may be that entity. In 12 States, a
2
The adoption of a Native American child is subject to the Federal Indian Child Welfare Act and the laws and customs of the
child's Tribe, which is beyond the scope of this publication.
3
The word "approximately" is used to stress the fact that States frequently change their laws. This information is current
through August 2020. The States that require all adult members to be included in home studies are Arizona, California,
Colorado, Florida, Hawaii, Illinois, Indiana, Maine, Massachusetts, Minnesota, Mississippi, Nevada, New Jersey, New York,
North Carolina, Oklahoma, Oregon, Pennsylvania, Utah, Washington, West Virginia, and Wisconsin.
4
Arkansas, Connecticut, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Missouri, Nebraska, New
Hampshire, New Mexico, Ohio, Rhode Island, South Carolina, South Dakota, Texas, Vermont, and Virginia
5
Alabama, Kansas, Massachusetts, Missouri, Montana, New York, Ohio, Pennsylvania, South Dakota, Tennessee, Utah, and
Virginia
6
Kansas, Missouri, Ohio, Texas, and Utah
7
Alaska, Arizona, Illinois, Kansas, New York, Ohio, Texas, Utah, Vermont, and Washington
8
Alabama, Florida, Illinois, Iowa, New Mexico, North Carolina, and Vermont
9
For more information on the basic qualications for persons interested in adopting, see Information Gateway's Who May
Adopt, Be Adopted, or Place a Child for Adoption?
10
Alabama (3 years) and New York (1 year)
11
Arkansas, Mississippi, Nevada, and Utah
licensed social worker may conduct home
studies.
5
In ve States, a licensed psychologist
or therapist may conduct the study.
6
In 10
States and the Northern Mariana Islands,
a person designated by the court may
conduct studies.
7
In seven States, an agency
or individual licensed or qualied by the
department may complete the assessment
of the prospective adoptive home.
8
In New
Mexico and Wisconsin, when a person seeks
to adopt an Indian child, the home study may
be conducted by an agent designated by the
child's Tribe.
QUALIFICATIONS FOR ADOPTIVE
PARENTS
In general, any adult, whether single or
married, may apply to adopt a child.
9
Two
States require married couples to have been
married for a minimum length of time.
10
In
four States, couples who are cohabiting but
not legally married to one another are not
allowed to adopt.
11
Prospective adoptive parents must be in good
health and have adequate income to meet
the needs of the child(ren) placed in their
family. Home ownership is not required, but
a history of stable residency in a home that
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov
3
can accommodate, comfortably and safely,
all family members, including the adopted
child, is needed. In 18 States, the prospective
parents must have completed any family
preparation training or orientation offered by
the department.
12
No applicant can be excluded from
consideration for an adoptive placement
based on sex, race, national origin, or
religion. Colorado and Kentucky require
that all applicants be lawfully present in the
United States, and Alabama requires that an
applicant, or one member of a married couple,
be a U.S. citizen. In 10 States, applicants must
be residents.
13
ELEMENTS OF A HOME STUDY
The goal of the adoption home study is to
assess whether the prospective adoptive
parents have the ability to make a lifelong
commitment to providing a nurturing home
to the adopted child or children. If the parents
have identied a particular child for adoption,
the study will determine the parents' ability to
meet the specic needs of that child.
The person conducting the study will
interview the applicants and all family
members, including any children, to assess
the applicants' parenting abilities, their
attitudes toward adoption, and other social
and personal characteristics. Personal
references are contacted for further
12
Alabama, Alaska, Arkansas, Florida, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Mississippi, New Hampshire, Ohio,
Oregon, South Carolina, Utah, Virginia, West Virginia, and Wisconsin
13
Delaware, Georgia (unless the placement is made through the Interstate Compact on the Placement of Children), Idaho
(6 months), Illinois (6 months), Indiana (unless the child has special needs), Kentucky (12 months), Mississippi, South Dakota,
Tennessee (6 months), Wyoming (60 days)
14
Alabama, Arizona, Arkansas, California, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, South Carolina, South Dakota,
Tennessee, Utah, Virginia, and Wyoming
15
For more information about requirements for background checks, see Information Gateway's Background Checks for
Prospective Foster, Adoptive, and Kinship Caregivers.
16
Alaska, Illinois, Indiana, Iowa, New Mexico, Ohio, Oklahoma, Texas, and Virginia
information. Some States require that at least
some of the references be unrelated to the
applicants. Onsite home visits are conducted
to determine whether the home is safe, can
accommodate all family members, including
the adopted child(ren), and is in conformity
with local building codes. To ensure the
adoptive parents are healthy enough to
provide appropriate care, 26 States, the
District of Columbia, and Guam require the
submission of the results of recent health
examinations.
14
Checks of criminal records
and child abuse and neglect records also are
included in the study.
15
Nine States require
checks of the sex offender registry.
16
GROUNDS FOR WITHHOLDING
APPROVAL
An adoption home study will be given an
unfavorable recommendation if the applicant
or a member of the applicant's household has
been convicted of any crime that would put
a child at risk of harm. Specic crimes that
are barriers to approval include criminal child
abuse and neglect; domestic violence; crimes
against a child, including child pornography;
and crimes of violence, including rape,
sexual assault, and homicide. In Louisiana,
Maryland, and Texas, an applicant who has
been convicted of human trafcking will be
disqualied. Any convictions for physical
assault or battery or drug-related crimes
committed within the past 5 years also may
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov
4
lead to an unfavorable recommendation.
An applicant also may be denied approval if
a central registry check reveals that he or
she or a household member has a record of
substantiated child abuse or neglect. Other
grounds for withholding approval include the
following:
The applicant's income and/or nancial skills
are inadequate to provide for the family.
The applicant's home is found to be unsafe
or inadequate to provide for the needs of the
family with the addition of an adoptive child.
The applicant suffers from a physical or
behavioral health condition that would
interfere with providing appropriate care
for children.
The applicant falsies or omits information
on his or her adoption application.
WHEN STUDIES MUST BE
COMPLETED
The preplacement home study must
be completed and receive a favorable
recommendation before an adoptive child
may be placed in the prospective adoptive
parents' home. If a placement is not made
within a certain amount of time, most States
will require an update to a home study to
verify that the applicant remains suitable to
adopt.
17
The home study update may include
17
In Texas, the preplacement study must have been completed within 6 months of the child's placement. Annual updates are
required by Alaska, California, Colorado, Delaware, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota,
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Pennsylvania, South
Carolina, Tennessee, Texas, Utah, Vermont, West Virginia, the District of Columbia, and Puerto Rico. Studies are valid for 18
months in Arizona, Massachusetts, North Carolina, and Virginia; for 2 years in Alabama, North Dakota, and Ohio; and for 3
years in South Dakota.
18
A central registry is a database of child abuse and neglect investigation records that are typically used to aid social services
agencies in the investigation, treatment, and prevention of child maltreatment cases and to maintain statistical information
for stafng and funding purposes. Central registry records also are used to screen persons who will be entrusted with the
care of children.
19
Arizona, Connecticut, American Samoa, the Northern Mariana Islands, and the Virgin Islands have no specic provisions for
postplacement supervision.
20
Idaho, Michigan, Mississippi, Missouri, and Tennessee
21
Alabama, Iowa, Kentucky, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, and Washington
22
Iowa, Kansas, Kentucky, Louisiana, Minnesota, Montana, Nevada, New Mexico, North Carolina, North Dakota, Oregon,
Rhode Island, South Carolina, South Dakota, Utah, Texas, Vermont, Virginia, and Washington
updated medical reports, criminal records
checks, and central registry checks, as well as
at least one interview with the applicants.
18
POSTPLACEMENT STUDY
REQUIREMENTS
In most States, the placement of a child with
an adoptive family will be supervised by a
caseworker from the department or child-
placing agency until the adoption is nalized by
the court.
19
During this period of supervision,
the adoption professional will make regular
visits to the home and interview all family
members in an effort to determine the level
of integration and adjustment of the adoptive
child to his or her new family. Based on his
or her observations, the caseworker also may
recommend services to assist the family in
meeting the specic needs of the adopted child.
The observations made during the supervisory
visits are recorded in the family's case record,
and in ve States, regular progress reports on
the family's adjustment are submitted to the
court.
20
The caseworker also will document
any changes in family circumstances that
may affect the child. Laws in 21 States require
an investigation and report be made to the
court of the progress of the family during the
postplacement period.
21
In 19 States, a report
and recommendation on the suitability of the
adoption are required.
22
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov
5
EXCEPTIONS FOR STEPPARENT
OR RELATIVE ADOPTIONS
The requirements for stepparent adoptions
vary from State to State.
23
Minnesota requires
a full background study of the adopting
parent. Wisconsin offers abbreviated home
studies for the adopting stepparent. In
16 States and the District of Columbia,
preplacement home studies are not required
at all unless an assessment is ordered by
the court.
24
In 10 States and the District of
Columbia, checks of the person's criminal
history background and child abuse and
neglect records must be completed.
25
In 18 States and American Samoa, the
postplacement investigation and report are
not required unless ordered by the court.
26
Five States waive the requirement for
postplacement supervision.
27
For adoption by a relative, Minnesota requires
a full background study, while California
and Maryland offer an abbreviated study.
In 13 States, a preplacement home study is
not required unless ordered by the court.
28
Nine States require criminal background
and central registry checks.
29
In 17 States,
a postplacement investigation and report
23
For more information on stepparent and relative adoptions, see Information Gateway’s Stepparent Adoption.
24
Arizona, Colorado, Connecticut, Idaho, Kentucky, Montana, Nebraska, New Hampshire, New Mexico, New York, Oklahoma,
Oregon, Pennsylvania, Rhode Island, Utah, and Washington
25
Arizona, Iowa, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Utah, Vermont, and Wisconsin
26
Alabama, Alaska, Florida, Indiana, Iowa, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota,
Ohio, Oregon, South Carolina, South Dakota, Utah, and Virginia
27
Delaware, Indiana, Mississippi, Montana, and Ohio
28
Arizona, Colorado, Idaho (grandparent adoptions only), Indiana (grandparent adoptions only), Kentucky, Montana, New
Mexico, North Carolina, Oklahoma, Pennsylvania, Tennessee, Utah, and Vermont
29
Arizona, California, Iowa, Louisiana, Maryland, Massachusetts, North Dakota, Utah, and Washington
30
Alabama, Alaska, Florida, Illinois, Iowa, Kansas, Maine, Mississippi, Nevada, New Mexico, New York, North Carolina, North
Dakota, South Carolina, Tennessee, Utah, and Virginia
31
Delaware, Mississippi, Montana, and Virginia
32
For more information, see Information Gateway's Adopting Children From Other States or Jurisdictions webpage.
33
Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Louisiana, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York,
Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wisconsin
34
Illinois, Louisiana, Missouri, Oklahoma, South Carolina, and Tennessee
may be waived by the court.
30
In four States,
postplacement supervision is not required.
31
REQUIREMENTS FOR
INTERJURISDICTIONAL
PLACEMENTS
In all States, when a child is to be placed
for adoption in a home outside his or her
home State, that placement is subject to the
provisions of the Interstate Compact on the
Placement of Children.
32
The State where the
child is to be placed (receiving State) must
conduct the home study on behalf of the
State that is placing the child (sending State).
The court of the sending State must accept
the home study completed by the receiving
State and determine whether the proposed
adoption is in the child's best interests.
FOSTER TO ADOPT PLACEMENTS
Laws and policies in 34 States and Guam
provide procedures for a foster parent to
adopt when his or her foster child becomes
legally free for adoption.
33
In six States, the
foster parent is the preferred placement if
he or she qualies and there are no relatives
seeking to adopt the child.
34
Thirteen States
require that the child must have resided with
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov
6
the foster parents for a period of time before
the foster parents can be considered for
adoptive placement.
35
Once they have applied
to adopt the child, an abbreviated home
study will be conducted to determine the
parents' ability to provide a permanent home.
The wishes of the foster child regarding the
adoption also may be considered.
In three States, foster parents who wish to
adopt a child must undergo a full adoption
home study and meet all relevant adoption
home standards.
36
Six States offer a single
assessment process for both foster and
adoptive parents.
37
Three States have "legal
risk" or "foster/adopt" licensure for foster
parents.
38
This type of placement is used
when the child has concurrent permanency
plan goals of reunication and adoption. The
foster parent, who is fully certied as both a
foster and adoptive parent, agrees to work
with the birth family toward reunication
and is committed to adopting the child if
reunication efforts should fail.
35
Arizona (for 6 months), Maryland (12 months), Michigan (12 months), Mississippi (6 months), New Jersey (15 months), New
York (12 months), Ohio (6 months), Oregon (12 months), Pennsylvania (6 months), Rhode Island (2 years), South Carolina (6
months), Tennessee (12 months), and Virginia (18 months)
36
Florida, Idaho, and Wisconsin
37
Colorado, Connecticut, Maryland, Mississippi, New Hampshire, and Utah. Agencies in other States may require assessment
and training for foster parents seeking to adopt beyond what is mandated in State law and regulation. For more information,
see Information Gateway's webpage, Preadoption Training.
38
New Mexico, Oregon, and South Dakota
FOR MORE INFORMATION
Many States maintain an array of information
and resources on the adoption process and
home study requirements on the internet.
Links to these resources, as well as links to the
full text of relevant State agency regulations,
are available under each State listing.
SUGGESTED CITATION:
Child Welfare Information Gateway. (2021).
Home study requirements for prospective
parents in domestic adoption. U.S. Department
of Health and Human Services, Administration
for Children and Families, Children's Bureau.
This publication is a product of the State
Statutes Series prepared by Child Welfare
Information Gateway. While every attempt
has been made to be complete, additional
information on these topics may be in
other sections of a State’s code as well as
agency regulations, case law, and informal
practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/
homestudyreqs-adoption/.
U.S. Department of Health and Human Services
Administration for Children and Families
Administration on Children, Youth and Families
Children’s Bureau