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232-158a
232.158A LEGAL RISK PLACEMENT.
1. Notwithstanding any provision of the interstate compact on the
placement of children to the contrary, the department of human
services shall permit the legal risk placement of a child under the
interstate compact on the placement of children if the prospective
adoptive parent provides a legal risk statement, in writing,
acknowledging all of the following:
a. That the placement is a legal risk placement.
b. That the court of the party state of the sending agency
retains jurisdiction over the child for purposes of the termination
of the parental rights of the biological parents.
c. That if termination of parental rights cannot be
accomplished in accordance with applicable laws, the child shall be
promptly returned to the party state of the sending agency to be
returned to the child's biological parent or placed as deemed
appropriate by a court of the party state of the sending agency.
d. That the prospective adoptive parent assumes full legal,
financial, and other risks associated with the legal risk placement
and that the prospective adoptive parent agrees to hold the
department of human services harmless for any disruption or failure
of the placement.
e. That the prospective adoptive parent shall provide support
and medical and other appropriate care to the child pending the
termination of parental rights of the biological parents and shall
assume liability for all costs associated with the return of the
child to the party state of the sending agency if the placement is
disrupted or fails.
2. Any written legal risk statement utilized in establishing a
legal risk placement shall, at a minimum, state all of the
information required under subsection 1, shall be signed by any
prospective adoptive parent, and shall be notarized. The legal risk
statement shall also contain the following notice printed in clearly
legible type: If termination of parental rights is not accomplished
and return of the child to the biological parent is required, the
prospective adoptive parents are encouraged to seek mental health
counseling to address any resulting psychological or family problems.
3. For the purposes of this section, "legal risk placement"
means the placement of a child, who is to be adopted, with a
prospective adoptive parent prior to the termination of parental
rights of the biological parents, under which the prospective
adoptive parent assumes the risk that if the parental rights of the
biological parents are not terminated the child shall be returned to
the biological parents or placed as deemed appropriate by a court of
the party state of the sending agency, and under which the
prospective adoptive parent assumes other risks and liabilities
specified in a written agreement. Section History: Recent Form
2001 Acts, ch 57, §1
Referred to in § 232.166, 232.167
