What is pre-adoption foster care?

In Juvenile & Justice Act (JJ Act), the phrase "foster care" is used in two different contexts.  Most are familiar with one (foster care) but many are not be aware of the other (pre-adoption foster care).  There are advantages and disadvantages in the pre-adoption foster care and if you're a prospective adoptive parent, you ought to be familiar with it.

Adoption is considered to have been completed only when the court proceedings are done with and the family receives the court decree declaring the adoptive family as the legitimate family.  Unfortunately for various reasons, this court proceedings can take time.  Government's view is that in the best interest of the child, if the family accepts the child, it would be better for the family to take the child home right away instead of waiting till the court proceedings are completed which unnecessarily extends the time for the child at the adoption agency.

Pre-adoption foster care means, the prospective parents are not adoptive parents but only guardians.  State holds the custody of the child.  This means, if the state comes to know something about the adoptive parent(s) which would work against the best interests of the child, technically, they could take the child away from the adoptive parents.  On the similar note, if the family found something about the child that they are not comfortable living with, they hold the right to return the child as well.

Although you have the right to return the child, it is assumed that you have done your thorough home work before making a decision to adopt a child and signing the pre-adoption foster care agreement.  Pre-adoption foster care is not to be mistaken for a testing period to decide whether to keep or return the child.  

During the pre-adoption foster care period, families are strongly encouraged to check with their adoption agencies on the status of the court proceedings.  

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