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Old 08-17-2008, 07:28 PM   #1
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Felon Adopting?

I have a friend who's husband is a felon- he has been out of prison for 5yrs now, and it was not a crime against a child... Could they still adopt? She cannot have children due to having to have an historectomy when she was younger due to cancer.
Anyone know??


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Old 08-17-2008, 09:09 PM   #2
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Re: Felon Adopting?

Usually felons cannot pass through the background checks that are necessary as part of the homestudy process. And, you can't get around it either because part of this process is to take fingerprints and run them through all criminal databases.

I would encourage them to ask but my initial guess is that no, they would not be eligible but then again, I'm not the one making the decision.
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Old 08-18-2008, 06:35 AM   #3
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Re: Felon Adopting?

I'm thinking the answer is no because of the CORI (background check) which needs to be done. However I'd suggest they just be up front and tell an agency before starting so they'd know.
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Old 08-18-2008, 07:05 AM   #4
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Re: Felon Adopting?

I was told misdemeanors were okay as long as they were not crimes against children, but Felonies were a no go as far as passing the homestudy....
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Old 08-19-2008, 06:09 PM   #5
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Re: Felon Adopting?

If it was a violent crime I would say no, but they would probably be better off asking the agency they are going through.
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Last edited by starstruck444; 08-19-2008 at 06:10 PM. Reason: I misread something
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Old 08-20-2008, 08:40 PM   #6
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Re: Felon Adopting?

Yes, it completely depends on the crime... just having a criminal record is not an automatic no, it makes a big difference what happened.
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Old 08-21-2008, 12:53 AM   #7
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Re: Felon Adopting?

in our county, no (we are in the classes now and just went over this) they couldn't foster or adopt.
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Old 08-24-2008, 11:18 PM   #8
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Re: Felon Adopting?

You have to get a "waiver" for his arrest............right now we are trying to get custody of my granddaughter out of state..........our home study interview went perfect, the inspection was fine, our 10 references were all great and we will find out finally tomorrow if we get a waiver for my DH's arrest almost 15 years ago for "resisting arrest" that's all they arrested him for........he was doing nothing wrong they just thought he was so they wanted to arrest him for was a gross misdemeanor so they had to review it....he only spent one night in jail).....I cannot imagine that my granddaughter would be better off in the foster system (am not putting down the wonderful foster families out there at all because she lives with a wonderful family right now, they can't keep her even tho....which to me would be the best for her as they are all she knows.... they have had her since she was 3 weeks old) then with family because of this. Anyway we find out in the morning FINALLY after waiting two weeks.
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Old 08-25-2008, 01:21 PM   #9
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Re: Felon Adopting?

I just had my first meeting with my homestudy social worker Friday. We don't have any criminal past but during our conversation this came up. The SW told us that she worked with a family where the husband had spent time in prison on drug charges and they were still allowed to adopt. She said, as long as it's not violence, sexual, or child abuse types of crimes than there is still a chance.

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Old 09-01-2008, 12:54 PM   #10
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Re: Felon Adopting?

I think it depends a lot on where you are adopting, because each state sets its own adoption regulations. I know our homestudy process is very rigorous, intensive, and intrusive. Just like others said -- fingerprints, criminal background checks, the works. Your social worker/adoption agency representative will know, though.
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