[Bee Happy]

Hi Fellow North Carolinains,
I've talked to several facilitators and have gotten different information. Would love your opinions on the following.
1. Does NC allow the use of these folks? One said I could use them if I use an agency from another state like Iowa where you can do everthing in that state.
2. Has anyone used one they would recommend? Feel free to e-mail me about this. Solicitation is not allowed on the boards.
3. What is an average fee?
4. Would you skip them and go private or with an agency?
Any and all info would be helpful!!!
Thanks in advance!!!

[gela]

I was told facillitators are not legal. In fact, we just completed our adoption and our agency matched us with a bmother who was originally working with a different agency. NC raised an eyebrow about that situation because it "smelled" like a facillitator. We ended up being ok bc our agency is a genuine, full fledged agency. I recommend using an agency or attorney. If you have any doubt, seek professional advice. You'd hate to find out NC isn't going to recognize the adoption of your child. GL.

[Bee Happy]

Gela,
Interesting! I guess I'll just stick to an agency or lawyer!Would you recommend your agency? I wonder if I could sign up with two agencies!!! I guess that would result in the wait either being twice as fast or twice as slow!!!

[kforkids]

I thought facilitators were legal in NC as of mid 2001. I'd suggest you do more checking...

[gela]

Call the licensing board for a definitive answer. I only speak from my personal experience. I adopted my baby four days ago, and our attorney had some trouble getting NC to give the go ahead because of the unusual circumstances. I would recommend my agency but they're not in NC. Are you adoptng domestic or international?

[wendy34]

Facilitators are not allow in North Carolina. I talked to a attorney here in Hickory, and they said that North Carolina does not allow them.

[missyB77]

facilitators ARE legal in NC. I don't know of any working here but you can use them.

[tobeafamily]

Looking at NC law, it appears in Chapter 48, Article 10 section 102 (full statute excerpts below - Chapter 10 is below chapter 2, chapter 10 references chap 2 for clarity - 10 is the kicker folks) that no one can accept money for identification or placement of a child in an adoption - this includes attorneys, agencies and non-licensed paraprofessionals or indviduals.

Short form: You can't pay anyone to 'find' a child for you, including a facilitator.

Not an attorney, this is a BIG issue though because there are both heavy fines and possible revocation of adoptions involved.

Be careful, folks.

http://www.ncga.state.nc.us/statutes...hapter_48.html
Chapter 48.
Adoptions.

Part 2. Placement of Minors for Adoption.
§ 48-3-201. Who may place minors for adoption.
(a)Only the following may place the minor for adoption:
(1) An agency,
(2) A guardian,
(3) Both parents acting jointly, if
a. Both parents are married to each other and
living together, or
b. One parent has legal custody of a minor and
the other has physical custody but neither has
both, or
(4) A parent with legal and physical custody of a
minor, except as provided in subdivision (3) of
this subsection.
(b) A parent, guardian, or agency that places a minor
directly for adoption shall execute a consent to the minor's
adoption pursuant to Part 6 of this Article.
(c) A parent or guardian of a minor who wants an agency to
place the minor for adoption must execute a relinquishment to
the agency pursuant to Part 7 of this Article before the agency
can place the minor.
(d) An agency having legal and physical custody of a minor
may place the minor for adoption at any time after a
relinquishment is executed by anyone as permitted by G.S.
48-3-701. The agency may place the minor for adoption even if
other consents are required before an adoption can be granted,
unless an individual whose consent is required notifies the
agency in writing of the individual's objections before the
placement. The agency shall act promptly after accepting a
relinquishment to obtain all other necessary consents,
relinquishments, or terminations of any guardian's authority
pursuant to Chapter 35A of the General Statutes or parental
rights pursuant to Article 11 of Chapter 7B of the General
Statutes. (1995, c. 457, s. 2; 1997-215, s. 11(b); 1998-202, s.
13(j).)

Article 10.
Prohibited Practices in Connection with Adoption.
§ 48-10-101. Prohibited activities in placement.
(a)No one other than a person or entity specified in G.S.
48-3-201 may place a minor for adoption. No one other than a
person or entity specified in G.S. 48-3-201, or an adoption
facilitator, may solicit potential adoptive parents for children
in need of adoption. No one other than an agency or an adoption
facilitator, or an individual with a completed preplacement
assessment that contains a finding that the individual is
suitable to be an adoptive parent or that individual's immediate
family, may solicit for adoption a potential adoptee.
(b) No one other than a county department of social services,
an adoption facilitator, or an agency licensed by the Department
in this State may advertise in any periodical or newspaper, or
by radio, television, or other public medium, that any person or
entity will place or accept a child for adoption.
(b1)Notwithstanding subsections (a) and (b) of this section,
this Article shall not prohibit a person from advertising that
the person desires to adopt. This subsection shall apply only to
a person with a current completed preplacement assessment
finding that person suitable to be an adoptive parent. The
advertisement may be published only in a periodical or newspaper
or on radio, television, cable television, or the Internet. The
advertisement shall include a statement that (i) the person has
a completed preplacement assessment finding that person suitable
to be an adoptive parent, (ii) identifies the name of the agency
that completed the preplacement assessment, and (iii) identifies
the date the preplacement assessment was completed. Any
advertisement under this subsection may state whether the person
is willing to provide lawful expenses as permitted by G.S.
48-10-103.
(c) A person who violates subsection (a), (b), or (b1) of
this section is guilty of a Class 1 misdemeanor.
(d) The district court may enjoin any person from violating
this section. (1975, c. 335, s. 2; 1981, c. 275, s. 6; 1993, c.
539, s. 413; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 457, s.
2; 2001-150, s. 14.)


§ 48-10-102. Unlawful payments related to adoption.
(a)Except as provided in G.S. 48-10-103, a person or
entity may not pay or give, offer to pay or give, or request,
receive or accept any money or anything of value, directly or
indirectly, for:
(1) The placement of a minor for adoption;
(2) The consent of a parent, a guardian, or an agency
to the adoption of a minor;
(3) The relinquishment of a minor to an agency for
purposes of adoption; or
(4) Assisting a parent or guardian in locating or
evaluating a potential adoptive parent or in
transferring custody of a minor to the adoptive
parent.
(b) A person who violates this section is guilty of a Class 1
misdemeanor. For each subsequent violation, a person is guilty
of a Class H felony which may include a fine of not more than
ten thousand dollars ($10,000).
(c) The district court may enjoin any person or entity from
violating this section. (1975, c. 335, s. 1; 1991, c. 335, s. 1;
1993, c. 539, ss. 412, 1264; 1994, Ex. Sess., c. 24, s. 14(c);
1995, c. 457, s. 2.)

§ 48-10-103. Lawful payments related to adoption.
(a)An adoptive parent, or another person acting on behalf
of an adoptive parent, may pay the reasonable and actual fees
and expenses for:
(1) Services of an agency in connection with an
adoption;
(2) Medical, hospital, nursing, pharmaceutical,
traveling, or other similar expenses incurred by a
mother or her child incident to the pregnancy and
birth or any illness of the adoptee;
(3) Counseling services for a parent or the adoptee
that are directly related to the adoption and are
provided by a licensed psychiatrist, licensed
psychologist, licensed marriage and family
therapist, licensed professional counselor,
licensed or certified social worker, fee-based
practicing pastoral counselor or other licensed
professional counselor, or an employee of an
agency;
(4) Ordinary living expenses of a mother during the
pregnancy and for no more than six weeks after the
birth;
(5) Expenses incurred in ascertaining the information
required under G.S. 48-3-205 about an adoptee and
the adoptee's biological family;
(6) Legal services, court costs, and traveling or other
administrative expenses connected with an adoption,
including any legal service connected with the
adoption performed for a parent who consents to the
adoption of a minor or relinquishes the minor to an
agency; and
(7) Preparation of the preplacement assessment and the
report to the court.
(b) A birth parent, or another person acting on the parent's
behalf, may receive or accept payments authorized in subsection
(a) of this section; or a provider of a service listed in
subsection (a) of this section may receive or accept payments
for that service.
(c) A payment authorized by subsection (a) of this section
may not be made contingent on the placement of the minor for
adoption, relinquishment of the minor, consent to the adoption,
or cooperation in the completion of the adoption. Except as
provided in subsection (d) of this section, if the adoption is
not completed, a person who has made payments authorized by
subsection (a) of this section may not recover them; but neither
is this person liable for any further payment unless the person
has agreed in a signed writing with a provider of a service to
make this payment regardless of the outcome of the proceeding
for adoption.
(d) A prospective adoptive parent may seek to recover a
payment if the parent or other person receives or accepts it
with the fraudulent intent to prevent the proposed adoption from
being completed.
(e) An agency may charge or accept a reasonable fee or other
compensation from prospective adoptive parents. In assessing a
fee or charge, the agency may take into account the income of
adoptive parents and may use a sliding scale related to income
in order to provide services to persons of all incomes. (1975,
c. 335, s. 1; 1991, c. 335, s. 1; 1993, c. 539, ss. 412, 1264;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 457, s. 2; 2001-487,
s. 40(c).)

§ 48-10-104. Failure to disclose nonidentifying information.
An adoptive parent, an adoptee, or any person who is the
subject of any information required under G.S. 48-3-205 or
authorized for release under Article 9 of this Chapter may bring
a civil action for equitable or monetary relief or both against
a person who fraudulently or intentionally misrepresents or
fails to disclose information required under G.S. 48-3-205 or
Article 9 of this Chapter. (1995, c. 457, s. 2.)

§ 48-10-105. Unauthorized disclosure of information.
(a)Except as authorized in G.S. 48-3-205 or in Article 9
of this Chapter, no identifying or nonidentifying information
contained in a report or records described therein may be
disclosed by present or former employees or officials of the
court, an agency, the State, a county, an attorney or other
provider of professional services, or any person or entity who
wrongfully obtains such a report or records.
(b) A person who knowingly makes an unauthorized disclosure
of identifying information is guilty of a Class 1 misdemeanor.
(c) The district court may enjoin from further violations any
person who makes an unauthorized disclosure.
(d) Notwithstanding the penalties provided in subsection (b)
of this section, an individual who is the subject of any of this
information may bring a civil action for equitable or monetary
relief or both against any person or entity who makes an
unauthorized disclosure of the information. (1949, c. 300; 1957,
c. 778, s. 7; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138;
1979, c. 739, ss. 1, 2; 1981, c. 924, ss. 2, 3; 1983, c. 454, s.
6; 1993, c. 539, s. 411; 1994, Ex. Sess., c. 24, s. 14(c); 1995,
c. 457, s. 2.)

[missyB77]

Article 10.
Prohibited Practices in Connection with Adoption.
§ 48-10-101. Prohibited activities in placement.
(a)No one other than a person or entity specified in G.S.
48-3-201 may place a minor for adoption. No one other than a
person or entity specified in G.S. 48-3-201, OR an adoption facilitator, may solicit potential adoptive parents for children in need of adoption.

This is actually stating that it IS okay to use a facilitator. I called our attorney last week and he said that facilitators can be used but not referral agents.
I would like to add that it would be MUCH easier to use an agency however. We are with an agency in FL but have been waiting for almost a year. We have had three situations with facilitators in the last month and are matched now through one. Hopefully this is it!

[tobeafamily]

10 - 101 says they can place a child....BUT 10-102 says..

10-102. Unlawful payments related to adoption.
(a)Except as provided in G.S. 48-10-103, a person or
entity may not pay or give, offer to pay or give, or request,
receive or accept any money or anything of value, directly or
indirectly, for:
(1) The placement of a minor for adoption;

So...unless they're providing other services, I don't think you can pay them....they can place, but they can't be paid for that service alone. They can only be paid for services defined in 10-103.

Ultimately, it will be the court who will rule on whether everything is done appropriately. It's best to allow attorneys, of course, to interpret code. Be careful, though. This language is at best confusing, and at worst, puts your adoption in jeopardy.

Regina, AMom to Ryan Joshua Thomas