Frequently Asked Questions

This page provides answers to some of the most frequently asked questions regarding adoption proceedings in Nebraska. Contact Stephanie Flynn Law or call (402) 325-8469 to discuss your unique adoption situation.

What is a Home Study?

A home study is the review of a prospective adoptive home to determine suitability for adoption and placement of a child. The process includes background checks and interviews of all family living in the home as well as an inspection of the home by the individual completing the home study. There are also follow up home visits once the initial home study report is completed. Once all necessary information has been gathered, a written report will be prepared with a recommendation as to whether the home should be approved for placement and adoption of a child.

Is a Home Study needed?

A home study must typically must be completed by the adoptive parents. Nebraska statutes specifically provide that a home study is not required in a step-parent adoption. Although, a criminal background check and a check of the Nebraska Central Registry for adult and child abuse must be completed in step-parent adoptions in lieu of the home study.

How do I get a Home Study?

A Home Study for adoption must be completed by a child placement agency that is licensed in Nebraska. The Nebraska Department of Health and Human services may conduct the Home Study in certain cases. Otherwise a private adoption agency that is licensed to conduct home studies may be utilized.

What are my rights as a the biological father?

The rights of a biological father in an adoption depend upon whether the father has acknowledged paternity, has been deemed the father through a court action, or the child was born of a marriage. The father typically must be given notice of the adoption and an opportunity to contest the adoption.  

Do I need an adoption attorney?

There are various technical statutes and legal requirements that must be aided by to ensure the validity of the adoption. These requirements must be followed to ensure the adoption is not later reversed or deemed to be invalid. While the laws do not specifically require an attorney to be utilized, the Nebraska Supreme Court does not provide forms for adoption as it does for other ares of law.

What is the Interstate Compact on the Placement of Children (ICPC)?

The Interstate Compact on the Placement of Children (ICPC) is a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands that governs the placement of children from one state into another state. ICPC sets forth requirements that must be met before a child can be placed out of state. ICPC helps to ensure that prospective out of state placements are safe and suitable for children prior to being transferred across state lines.

What does the ICPC entail?

Essentially ICPC involves an in depth home study which is coordinated between the sending and receiving states. The receiving state must approve the ICPC packet prior to the child being placed in the home where the home study has been completed. The actual process and steps involved are much more specific than this simple summary. The caseworker or adoption agency involved in completing the ICPC process will walk you through the process as it is completed.

Does ICPC apply to my situation?

ICPC applies when a child placed with a state welfare agency is to be placed in a home in another state or, under certain circumstances, in a treatment facility in another state. ICPC also applies to children who are not state wards that will be placed in another state for the purpose of adoption.

How long will the ICPC process take?

The ICPC process can take a few days, several weeks, to over a month. Federal law requires states to complete a home study and provide a written report to the sending state within 60 calendar days of receiving a placement request.

What is the Indian Child Welfare Act (ICWA)?

The Indian Child Welfare Act (ICWA) is federal legislation that was enacted to deal with Native children being placed outside the home of their parents and away from their communities. It was found that there were often fit and suitable family members willing to accept placement, but Native children were not being placed in these homes.

ICWA sets forth various requirements that must be complied with when removing a Native child from the home of their parents or Native custodian or when termination of parental rights is sought. If the requirements are not followed, and adoption could be overturned.

Does ICWA apply to my case?

ICWA applies in adoption proceedings involving a child who is enrolled or eligible for enrollment in a Tribe that is federally recognized.