The Complete Guide to Adopting From Indiana Foster Care

By: Grant Kirsh

If you are thinking about adopting a child from Indiana’s foster care system, this guide is for you. It covers everything you need to know, the process, the timeline, the legal steps, the financial support available, and what to expect along the way. It is written by someone who has been doing this work in Indiana for a very long time.

My name is Grant Kirsh. I am a second-generation adoption attorney and the owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana. I have personally handled nearly 3,000 foster care adoptions in this state. Our firm has been serving Indiana families since 1981, nearly 50 years. We are not a national organization. We are a family-run law firm rooted right here in Indiana. We know DCS, we know Indiana courts, and we know the judges and communities across this state.

We serve families in Marion County, Lake County, Allen County, Hamilton County, Tippecanoe County, St. Joseph County, Hendricks County, Elkhart County, Johnson County, Delaware County, Vanderburgh County, Porter County, Madison County, Vigo County, Monroe County, and every other county in Indiana. This guide was written for all of you.

How Foster Care Adoption Works in Indiana

Adopting from Indiana foster care is different from private newborn adoption. Children in the foster care system are there because they have been removed from their biological families by the Indiana Department of Child Services (DCS) due to abuse, neglect, or other circumstances that made the home unsafe. The primary goal of the system is always reunification with the biological family. Adoption becomes the plan only when reunification is no longer possible.

Here is the general path:

Step 1: Become a licensed foster parent.

In Indiana, children in foster care are placed in licensed foster homes unless a kinship relationship exists. If a kinship relationship exists between the child and a potential placement family, that family may be given priority and may not need to go through the full licensing process.

For everyone else, the path begins with becoming a licensed foster parent through DCS or a private licensed child placing agency, or LCPA for short. This involves a home study, background checks, required training hours, and a home inspection. The process is thorough but manageable.

Some families enter the system with the goal of fostering and then adopting, sometimes called “foster to adopt.” It is important to understand that when a child is first placed with you, reunification is usually the goal. Adoption comes later, if reunification fails.

Step 2: A child is placed in your home.

Once you are licensed, DCS or your LCPA can begin placing children with you. Placements can happen quickly, sometimes with very little notice. Children range widely in age, background, and needs. If your goal is adoption, being thoughtful about the placements you accept and communicating clearly with DCS or your LCPA about your strengths and preferences makes a real difference.

Step 3: The permanency plan changes.

The foster care adoption timeline begins in earnest when the child’s permanency plan changes to adoption, or when a concurrent plan of reunification and adoption is established. This is a formal reccomendation made by DCS and approved by the court.

Step 4: Termination of parental rights (TPR).

Before a child can be adopted, the parental rights of both biological parents must be legally terminated by a court. TPR is involuntary in most cases. According to Indiana Code § 31-35-2-4 the following people may file a petition to terminate parental rights: (1) the attorney for DCS, the court appointed special advocate (CASA), the guardian ad litem (GAL), or placement (if they have also intervened in the Child In Need of Services (CHINS) case. Typically, DCS is the only one that files TPR.

TPR is a court proceeding. Evidence is presented, witnesses may testify, and the judge determines whether the legal grounds for termination have been met and whether termination is in the child’s best interests. If a parent contests, the process takes longer.

It is critically important to understand that a contested TPR does not mean a contested adoption. These are two separate proceedings. Many prospective adoptive families worry that if the biological parents fight the TPR, they will also fight the adoption. In most cases, that is not what happens. We cover this in detail in a separate blog post, but the key point is this: do not let fear of a contested TPR stop you from pursuing foster care adoption.

Step 5: DCS consents to the adoption.

DCS typically requires the child to be placed in your home for at least 6 months before consenting to the adoption. This is a DCS policy, not a law. Once DCS consents and all prerequisites are met, your attorney can schedule your final adoption hearing.

Step 6: The adoption is finalized in court.

The finalization hearing is a brief court proceeding where a judge officially makes the child a legal, permanent member of your family. It is one of the most joyful moments in the entire process. At Kirsh & Kirsh, P.C., I bring “ADOPTION DAY!” balloons for all of the children in attendance, and my most trusted and furry co-worker, Basil, comes along to bring joy and smiles to everyone. These are our favorite days.

What Financial Support Is Available?

Nearly every child adopted from Indiana foster care automatically qualifies for adoption subsidies. Indiana used to require a child to be at least two years old to be eligible, but that is no longer the case.

The three adoption subsidies that children in Indiana qualify for are:

1. A recurring daily adoption subsidy equal to the daily “per diem” rate paid to licensed foster parents. This amount can range from as little as $20 per day to over $100 per day for children with extreme special needs. It is paid through the age of 18.
2. Medicaid for the child through the age of 18.
3. A non-recurring adoption expense (NRAE) of $2,000 to help cover the legal fees for the adoption attorney.

All three of these subsidies can be extended to the age of 21 in certain situations.

Most children also qualify for federal Title IV-E adoption assistance, which provides ongoing monthly payments and Medicaid coverage that continues even if the family moves to another state.

Adoption subsidy agreements must be negotiated and signed before the adoption is finalized. Once finalization occurs, it becomes significantly harder to modify the terms. An experienced adoption attorney will make sure everything is in place before you get to court.

The Role of the CHINS Case

Most children in foster care are involved in a CHINS case. This is a court proceeding initiated when DCS determines that a child’s physical or mental health is seriously endangered. Understanding how CHINS cases work, and how they connect to adoption, is important for foster families.

The CHINS case addresses the biological family’s situation. DCS provides services and works toward reunification. When reunification fails, the permanency plan changes, and the path to adoption begins. If a kinship relationship exists between the child and a potential placement family, that family may receive priority during CHINS.

What About CASAs and GALs?

A GAL and/or CASA may be assigned to the child’s case. CASAs are trained community volunteers whose job is to advocate for the child’s best interests. Their recommendations carry significant weight with judges. Building a positive relationship with the CASA and GAL by being transparent, welcoming visits, and demonstrating your commitment to the child is genuinely valuable.

If you disagree with a CASA’s or GAL’s recommendation, it can be addressed in court through foster parent court reports. The CASA’s or GAL’s recommendation is influential, but the judge makes the final decision.

Working With an Adoption Attorney

Navigating the DCS system, TPR proceedings, subsidy negotiations, and finalization paperwork is complex. An experienced foster care adoption attorney, one who knows the courts and judges in your specific county, can make the difference between a smooth process and a frustrating one.

At Kirsh & Kirsh, P.C., this is what we do. We know Indiana’s foster care courts in Marion, Lake, Allen, Hamilton, Tippecanoe, St. Joseph, Hendricks, Elkhart, Johnson, Delaware, Vanderburgh, Porter, Madison, Vigo, and Monroe Counties, and we bring nearly 50 years of experience to every family we serve.

Why Kirsh & Kirsh, P.C.?

We have personally handled nearly 3,000 foster care adoptions in Indiana. We are a family-run firm, not a national company. We know DCS, Indiana courts, judges, and the communities across this state. We live here and we work here.

If you are thinking about adopting from Indiana foster care, or if you are already in the middle of the process, we are here to help.

Call us at 317-575-5555. Visit us at DCSAdoptions.com.

About the Author
Grant Kirsh is a second-generation adoption attorney and owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana that has been serving Indiana families since 1981. Grant graduated from Indiana University McKinney School of Law in 2013 and has personally handled nearly 3,000 foster care adoptions and his law firm has handled over 5,000 private newborn adoptions. He practices all forms of domestic adoption, with a deep personal commitment to expectant mothers considering adoption in Indiana and Indiana’s foster care system and the families and children it serves.