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#1
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Felonies on the criminal check
Hi
![]() I have a friend who is intrested in adopting in the future, and she was asking me various questions regarding the process, etc. She said she thinks she would not pass a social study because her husband had a couple felony convictions about 15 or so years ago, and although not time in prison, she said he had probation and fine. She thinks this will hurt them. I don't know what to tell her, because I dont know myself. Opinions? Anyone know the ramifications for that type of circumstance, in relation to passing the social study? Would they be denied? I do also know they were not physical felony, not related to weapons or abuse of any thing like that.. Thanks in advance ![]() |
Adoption Information
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#2
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re: felony
Go to the International Adoption forum, go to the "Immigration and Naturalization" section, and read the thread entitled "Husband's Past Arrests". Apparently it's entirely possible for people with multiple violent felonies to adopt... the thread explains how. As for opinions, I'll spare you mine. If you wish to hear it, you can go to the "Dialogue Between Adoptive Mothers and Birthmothers" forum (under Birthfamilies After Adoption) and read MY thread, entitled "Adoptive Parents with Criminal Records". _Sharon
Last edited by Sharon : 05-13-2003 at 12:37 AM. |
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#3
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Maybe they'll pass, maybe they won't. It really isn't possible to guess in advance.
They can call up an agency and ask that question, though. But they have to be honest and spell it out--"15 years ago I did thus-and-such and was convicted and fined. Is it possible to have an approved homestudy with that on my record?" That way they'll *know* and not have to wonder anymore, and can make future plans accordingly. As always, it is never ethical to not mention it--it WILL turn up in the FBI background check, so the best policy is always to be honest, talk about what he learned from the experience, how he intends to never repeat it, and let the chips fall where they may. |
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#4
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There is no way for any of us to answer this question because it depends on many factors. If it's facts they're after, they need to go to the source, all you'll get here are opinions and personal experience.
If they're adopting through the state, they need to call their local DCF office and ask. If they're going to adopt through an agency, they need to call and find out their policy. If they're going to adopt privately, they need to call a lawyer. I can tell you my personal experience....my husband was arrested 3 times, none of which were child related or assaults and we were the most sought after home study in our district. Good luck to your friends! Last edited by JoanneFromNYC : 05-13-2003 at 11:14 AM. |
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#5
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depends on the crime, etc...
If it was for murder, rape, child abuse, etc... they will not be adopting
Some time those forms ask those questions just to get an answer up front, not because in certain cases convicted fellons can adopt, work in a public school, day care, etc.... But just to get the info so they know how to process the paper work But, if they are rich enough, they probably can get a child placed in their home some how. Isn't Woody Allen living with his former step daughter and adoptive children and he was convicted of child sex abuse and does not have contact with bio-child and 2 other children he adopted? If it was for insider trading or something, how would that impact his parenting skills?? |
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#6
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I totally disagree with the last post! If every person who has lied cheated or stole something in their life was not able to become a parent, there would be a lot less kids in the world. As far as morals....they are a matter of opinion. What is immoral to one, may not be to another.
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#7
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Thanks for the replies. I told her some of your answers.
She said the felonies there were 2, 20 years ago, and one 15 years ago. One was for some check writing, and one for theft of $70.00 worth of food and childrens items from a walmart. So, theyre not violent. He never served jail time, one was adjudicated probation, one was regular probation, short term. How do you think they'll feel about that being that its non violent? |
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#8
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BTW, I read your post regarding adoptive parents with felonies, Sharon.
And well, while I have to say that I personally feel that anyone with past convictions regarding anything negative with children, or some bad assaults perhaps, weapons, etc....anything of a more physical nature, that these individuals should be wearily approached as adoptive couples....especially abuse factors, and such. However I disagree with your idea that anyone with a felony as a whole should not be allowed to adopt....there are some that are not violent....and people are only human, sometimes they make mistakes in their past....and hopefully learn from them...that doesnt make them any less "Better" to adopt than someone else...noones perfect....I dont think they should be judged in such a permanent way by anyone but God....I feel thats narrow minded to say that people with a past felony conviction shouldnt be allowed to adopt. JMO. Lets look one minute at a bio mom, ...say theyre high, buying dope, living in squalor and filth, leaving their kids by themselves, going hungry and dirty...while theyre sleeping with every tom **** and harry to get theyre next fix...yelling and neglecting their kids....what happens? They MAY get taken for AWHILE by cps...then what? Mom goes thru some pansy parenting classes, acts like she has her act together and the kids go back......and I'm willing to say about 95% of the time they go back and are in the same situation in less than a month.... or worse, physically injured or dead. Tell me, what makes an adoptive couple who has a couple old felonies of non violent nature NOT acceptable as adoptive parents? Do bio moms who behave the way I"ve described deserve those kids more? Are they Better suited? If, If, all kids went to people who never so much as jay walked, I think there'd be alot of kids waiting for homes.... To say that people shouldnt be able to adopt because of a felony on their record, is well, imo, narrow minded. If the felony in question was not of aggressive harm or sexual misconduct. Thats my only concern. Everyone deserves a fair break. To tell someone they cant adopt because they wrote some checks 20 years ago, is ridiculous. |
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#9
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jp33, I think that was the conclusion most of us came to as well on my thread: violent felonies, no. Non-violent felonies...maybe. The felonies that most people who responded had a problem with were assault & battery, and DWI... neither of which is any impediment, apparently, when it comes to adopting a child. My final conclusion was that potential birthmoms should have the right to be AWARE of adoptive parents' criminal records when they are selecting a couple to adopt their child. Just as they are aware of religion, views on parenting, and anything else that might be relevant to their child's upbringing. I don't think it's right for felony records to be concealed from potential b-moms. After all, you wouldn't try to conceal a felony record from a potential employer. If you did that and they found out later, it would be grounds for termination! Of employment, I mean... obviously, adoption is a different story. Weirdly enough, of the people who responded to my thread, the adoptive mothers seemed to be much more in favor of people with criminal records NOT being able to adopt... many of the birthmoms who responded felt they should be able to adopt, even with felony records. Sincerely, Sharon
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#10
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I dont think criminal records are sealed in any case? Are they?
Certainly not in adoption proceedings. Why wouldnt a birthmom be aware of the prospective parents past? Seems they would to me. I cant recall any case where the records are hidden. They are part of the social study... Being BOTh an adoptive mother and a past birthmother, I still say in my opinion, if the crime is not sexually/physically harmful to another, then people should be given the right to adopt without being downed over it. Especially something that happened decades ago....people make mistakes. It happens. Nones perfect. Regardless of what they think. |
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#11
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I dont think criminal records are sealed in any case? Are they?
Certainly not in adoption proceedings. Why wouldnt a birthmom be aware of the prospective parents past? Seems they would to me. I cant recall any case where the records are hidden. They are part of the social study... Being BOTh an adoptive mother and a past birthmother, I still say in my opinion, if the crime is not sexually/physically harmful to another, then people should be given the right to adopt without being downed over it. Especially something that happened decades ago....people make mistakes. It happens. Nones perfect. Regardless of what they think. |
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#12
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jp33,
It's not always a case of sealing the records. Some birthmothers do not get to see the actual homestudy. They are told about the family with some things left out. Some adoptive parents try to hide a criminal past so that it is not detailed on a homestudy. Peggy |
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#13
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[quote]Originally posted by jp33
[. She said the felonies there were 2, 20 years ago, and one 15 years ago. One was for some check writing, and one for theft of $70.00 worth of food and childrens items from a walmart. I don't think these should be a problem. When they run a fingerprint check, what they're looking for is to see if you have ever been accused of any kind of child abuse. JJ |
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#14
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Tell her to check into getting them expunged from his record just to be on the safe side...the laws on this might differ from state to state, but call an attorney and ask.
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