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  3. Adoption Abuse and Negligence FAQs



Going through the adoption process can be overwhelming under the best of circumstances. It can be even more confusing when there are incidents of abuse or neglect. The adoption abuse and negligence attorneys at Deratany & Kosner are passionate about protecting the rights of children and the families that take them in.

Here are common questions people often have about adoption abuse and negligence. If you have any questions, contact us at 800-529-7285. We offer a free case consultation.

What kind of background checks must be done on adoptive parents?

The state of Illinois requires all potential adoptive parents to undergo a thorough background check. This includes:

  • Checking state or local criminal records
  • Checking federal criminal records
  • Fingerprinting and name-based checks
  • Child abuse and neglect record checks
  • Sex offender registry checks
  • Criminal record checks for all adult members of the household

However, sometimes adoption agencies don’t complete all of these checks, and a child gets hurt. When that happens, our attorneys fight to hold those agencies responsible.

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What kind of background checks must be done on children being adopted?

Adoption agencies need to make sure the child being adopted does not have any emotional or psychological issues, particularly due to prior abuse or neglect. That’s why it’s important for adoption agencies to have children properly assessed before being adopted. The adoption agency should then inform prospective adoptive parents of the agency’s findings. That way, parents have full knowledge of the child’s psychological or emotional needs before finalizing the adoption.

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What happens when the suspected abuse or neglect of a child is reported?

When the Illinois Department of Children and Family Services receive a call reporting suspected abuse, trained social workers first determine whether the report sounds credible. If they think it does, they launch an investigation. Police may also be involved. If they determine there is abuse or neglect, the next step would be a criminal investigation and the removal of the child from the home. But things don’t always work out that way, and children end up being left in abusive or neglectful homes. Our attorneys fight for the rights of adopted children to protect them from abuse and neglect.

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Do children who were abused or neglected have special needs?

Yes. They require more intense services and families who take them in must have specific skills to help meet the child’s needs. This usually involves getting additional training or becoming part of a specialized program. That’s why it’s so important for agencies to share information about the background of children with potential adoptive families. When they withhold this information, abused or neglected children can be placed with families who aren’t equipped to handle them. We fight for those families when they get hurt as a result.

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Do adoptive parents have rights if they’re harmed by an adopted child?

In many cases, yes. This is especially true if the adoption agency failed to inform the family adopting a child that the child has severe emotional or psychological issues due to prior abuse or neglect. Children who were previously abused or neglected may lash out at their adoptive parents or other family members. However, these legal cases can often be extremely difficult. Often, the adoption agency denies doing anything wrong. That’s why it’s important that you have an experienced adoption abuse attorney on your side, standing up for your family’s rights.

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