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Fillable Printable M 760

Fillable Printable M 760

M 760

M 760

Form M-760, Orphan Home Study Tip Sheet for Adoption
Service Providers and Prospective Adoptive Parents
Department of Homeland Security
U.S. Citizenship and Immigration Services
Form M-760 (Rev. 06/29/10)
Orphan Home Study Tip Sheet for Adoption Service Providers
and Prospective Adoptive Parents (Non-Hague)
U.S. Citizenship and Immigration Services (USCIS)
receives many questions about documentation and
specific material that needs to be included in the home
study for orphan cases. While USCIS is not able to
specifically advise as to the exact language that should
be included in an orphan home study, this tip sheet
provides adoption service providers and prospective
adoptive parent(s) (PAP) guidance for the areas that
have triggered the most questions.
All names and information provided in this tip sheet are
fictitious and should not be used as a basis for specific
cases. Remember that the tip sheet is simply a guide to
help you meet USCIS requirements while completing
the home study.
Tips to Avoid a Processing Delay
1. The home study must be completed by an individual
or agency licensed or otherwise authorized to conduct
adoption home studies. The home study should be
completed and reviewed by an individual or agency
licensed or authorized in the State of the orphan's
proposed residence. If the child is adopted abroad,
however, the home study preparer may be licensed
anywhere in the United States. If the adoptive
parents also reside abroad, the home study may be
prepared by an individual or agency authorized to
complete home studies in that country, but an agency
licensed in the United States must review the home
study before it is submitted to USCIS. See 8 CFR
204.3(b) (definition of “home study preparer”) and
204.3(e)(8) for specific information about who may
complete and review a home study.
c. Any other identity requirements that must be
included in the home study according to your State
requirements. Check with your State adoption
authorities.
3. Include a summary of contacts that the preparer has
had with the prospective adoptive family and state the
number of interviews and visits, the participants, and
date and location of those contacts. In order to meet
the USCIS requirement, we require at least one in-
home visit.
2. The home study must be signed no more than 6
months before submission to USCIS, unless it has
been updated by a home study preparer, and will
include a complete evaluation of the PAP's ability to
adopt a child. The home study preparer should
include the following information:
a. Identity information on the PAP and members of
their household;
b. Identity of any other adult members of the
household and their date of birth; and
An example format follows:
Contacts
with the
Family
Adoption Agency Pre-Adoption
Workshop/Couple Interview - February
15, 2008, Adoption Agency Headquarters
Initial Home Visit/Couple Interview-
February 20, 2008
Individual Interview with Susan Smith-
February 20, 2008 - local restaurant
Individual Interview with Bradley Smith -
February 20, 2008 - local restaurant
Observed Emma Smith in Home - February
20, 2008
4. If the preparer intends to recommend approval of the
case, the home study preparer must identify the
specific characteristics of the child for which this
family is approved to adopt. It is best to provide an
assessment of the suitability of the PAP to the most
serious degree of medical, psychological or mental
needs, and age requirements for which they
“The home study preparer first interviewed Bradley
and Susan Smith at the home study preparer's office
in City X, State Y, on December 1, 2008. The home
study preparer first interviewed them together for
about half an hour, and then met with each of them
separately for about 15 minutes.
The home study preparer then interviewed them
again at their home in City Z, State Y, on December
8, 2008. No other individuals were present for this
home visit. There are no other members of their
household.”
Form M-760 (Rev. 06/29/10) Page 2
are prepared to parent. If the home study restricts the
recommendation only to specific conditions, these
should be listed.
“This worker recommends approval of Mr. and Mrs.
Smith to adopt one female child, age 0-4 years at
time of referral, from Country X. I also recommend
Mr. and Mrs. Smith for the adoption of one child
with special needs (describe)."
Sample Wording:
OR: “The Smiths are recommended to adopt a child
with minor medical needs limited to the
following: low birth weight, heart defect or
murmur, webbed fingers or toes, club foot, cleft
lip and/or palate, or issues that can be assisted
with orthopedic intervention.”
5. The home study should also include a medical
assessment of both the prospective adoptive mother
and father and any adult member of the household.
This assessment should address the physical, mental,
and emotional health of the PAP and any adult
member of the household. The summary in the home
study should cover the following information:
OR: “The Smiths are recommended to adopt a child
who has Down's syndrome or delayed motor
and mental development.”
“Bradley Smith was examined by his physician, Dr.
John Rhoades, on February 22, 2008. Bradley was
found to be in good physical and mental condition
and is free of communicable diseases. Dr. Rhoades
has indicated no history of physical, mental,
emotional health, or behavioral issues. This report
was reviewed by this worker, and the above findings
are as stated. It is this worker's assessment that
Bradley is emotionally, physically, and mentally
stable and will provide a loving home for any child
placed in this family. No referrals to medical or
mental health professionals were made.”
Sample Wording # 1:
“Susan Smith was examined by her physician, Dr.
Amy Rhoades, on February 22, 2008. Susan was
found to be in good physical and mental condition
and is free of communicable diseases. Dr. Rhoades
has indicated no history of physical, mental,
emotional health, or behavioral issues. This report
was reviewed by this worker, and the above findings
are as stated. It is this worker's assessment that Susan
is emotionally, physically, and mentally stable and
will provide a loving home for any child placed with
this family. No referrals to medical or mental health
professionals were made.”
7. The home study must address a summary of
counseling given to the PAP in preparation for
international adoption and any plans for post-
placement counseling. This would also include a
discussion of the processing, expenses, difficulties,
and delays associated with international adoptions.
“Mr. and Mrs. Smith are both in good health. Neither
have any medical issues that would affect their ability
to adopt and parent a child.” (State basis for such
conclusion.)
Sample Wording # 2:
a. Description of the applicant's income, financial
resources, debts, and expenses; and
6. The home study should also address information
relative to the PAP's finances. This assessment
should include the following:
“According to the Form 1040 Income Tax
submitted by Bradley and Susan Smith for 2007,
their adjusted gross income was $100,000. They
have monthly expenses of $2,400, including a
mortgage and debts. This leaves abundant
monthly income to care for an additional child.
The Smiths meet or exceed State X financial
guidelines for adoption. The Smith home is valued
at $220,000 with a mortgage balance of $150,000.
The family has savings of $10,000 and IRA/401K
worth $400,000. Bradley has a life insurance
policy worth $125,000, and Susan has a policy
worth $100,000.”
Sample Wording:
b. Statement identifying what evidence was
considered to verify the source and amount of
income and financial resources.
Form M-760 (Rev. 06/29/10) Page 3
“Bradley, Susan, Ngoye, and Emma have recently
moved into a newly developed residential area that
was built within a top-rated school district. The
development has a diverse population of ethnicity,
including a family from Country X.
Sample Wording:
The home consists of 3,500 square feet of living
space. The first level of the home contains an open
foyer, living room, formal dining room, office, ½
bath, eat-in kitchen, and a family room with a
fireplace. The second level of the home contains the
laundry room, master bedroom and bath, three
bedrooms, and one shared bathroom. One of the
bedrooms belongs to Ngoye and Emma, and one has
been decorated as the nursery for their new sister
from Country X. The third bedroom is the guest
bedroom. The basement contains a bathroom, movie/
game room, an additional bedroom, and a craft/
playroom. The home also has an attached three-car
garage and a large fenced-in backyard.
Each level of the home is fully equipped with smoke
alarms, carbon monoxide detectors, and fire
extinguishers. This home also has access to public
utilities, shopping, local fire and police departments,
medical services, major roadways, and recreational
and cultural activities.
This home exceeds the State requirements for safe
and suitable accommodations for a child.”
“Bradley and Susan are seeking to adopt one female
child from Country X, age 0-4 years with mild to
moderate special needs. Child X, who was born on
June 1, 2007, has the special need of congenital heart
9. If the PAP wishes to adopt a child with a disability or
special needs, the home study must contain a
discussion of the preparation, willingness, and ability
of the applicant to provide proper care for a child
with a disability or special needs.
Sample Wording - Known special needs condition
of a child:
defect, or atrial septal defect. The Smith's have
reviewed the child's medical records and consulted
with medical professionals, including those who
work in the field of international adoption medicine.
Having done the research on this medical condition,
they feel well prepared to parent a child with this
special need and would like pursue the adoption of
this child.”
“In order to comply with the requirements, the
appropriate child abuse registries were checked. A
computer search of State X's Child Abuse and
Neglect Registry on March 26, 2008, for Bradley
Smith revealed no record. A computer search of the
Department of Family and Protective Services
Central Registry Abuse/Neglect Database for State X
on March 27, 2008, revealed no record or reports on
Susan Smith (Jones). No records were found under
either her maiden or married name.”
“Bradley and Susan are seeking to adopt one female
child from Country X, age 0-4 years with mild to
moderate special needs. Both Bradley and Susan
have experience and training working with children
with various special needs. Bradley and Susan have
the preparation, willingness, and ability to parent a
child with special needs.”
Sample Wording - Unknown special needs of an
unknown child:
Sample Wording:
10. The home study should include a summary of the
results of child abuse registry checks in the State
where the family currently resides. Child abuse
registry checks must be completed for the PAP and
any additional adult member of the household 18
years of age or older.
11. The preparer must ask each PAP and any additional
adult household member if he or she has a history of
abuse and violence. The response to each question
below must be included in the home study. This
information and any arrest and or conviction
must be disclosed to the preparer and to USCIS.
a. Do you have a history of alcohol, drug, or
substance abuse, even if it did not result in an
arrest or conviction?
8. The home study must include a detailed description
of the living accommodations where the PAP
currently resides, or where the child will reside with
the PAP if they intend to move.
Form M-760 (Rev. 06/29/10) Page 4
b. Do you have a history of sexual and/or child
abuse, even if it did not result in an arrest or
conviction?
c. Do you have a history of domestic violence, even
if it did not result in an arrest or conviction?
Bradley and Susan are aware that a single incident of
sexual abuse, child abuse, or domestic violence is
sufficient to constitute a “history” of abuse and/or
violence.”
“A computer search of the State X State Criminal
Archives revealed no record for Bradley Allen Smith
or Susan Erin Smith (Jones). In response to direct
questions from this worker, Bradley and Susan each
stated they do not have histories of substance abuse,
sexual abuse, child abuse, or domestic violence, even
if such history did not result in an arrest or
conviction. Bradley and Susan individually replied
“no” to the following questions:
Sample Wording:
b. Do you have a history of sexual and/or child
abuse, even if it did not result in an arrest or
conviction?
a. Do you have a history of alcohol, drug, or
substance abuse, even if it did not result in an
arrest or conviction?
c. Do you have a history of domestic violence,
even if it did not result in an arrest or
conviction?
If the PAP or an adult household member has been
rejected or been the subject of an unfavorable home
study, the reasons must be explained. If the PAP or
any additional adult member of the household did
have a previous home study completed, and the results
were unfavorable, a copy of the unfavorable home
study should be submitted, if available, as supporting
documentation to USCIS as with Form I-600A.
12. The home study preparer must ask each PAP and any
additional adult household member whether or not
he or she has previously been rejected as a PAP or
has been the subject of an unfavorable home study.
Each individual's response to this question must be
included in the home study report.
Sample Wording:
“In response to a direct question from this worker,
Bradley indicates that he has never previously been
rejected or had an unfavorable home study
completed.
In response to a direct question from this worker,
Susan indicates that she has never previously been
rejected or had an unfavorable home study
completed.
Have you ever been rejected as a PAP or been the
subject of an unfavorable home study?"
In response to direct question asked by this worker,
both Bradley and Susan responded “no” to the
following question:
14. The home study must include a summary of the
home study preparer's authority to conduct home
studies. This should include the license number, if
any, or authorization of the home study preparer as
an adoption service provider. The preparer's
attestation must have an original signature.
13. If the home study preparer approves the PAP to
adopt, he or she must specifically state that the PAP
has been approved to adopt a child and include a
discussion of the reasons for such approval. The
discussion must address: 1) the number of children
for which they are recommended to adopt at the
same time, 2) whether there are any specific
restrictions to the adoption based on age or gender or
other characteristics of the child, and 3) if they are
approved to parent a child with a disability or special
needs that is distinctly described.
“Mr. and Mrs. Smith are approved to adopt one
female child, age 0-4 years from Country X. The
family is approved for a child with minor to moderate
special needs, including, but not limited to, cleft lip
and palate, thalassemia, partial hearing loss, webbed
fingers or toes, congenital heart defect, ASD, or a
child who is a Hepatitis B carrier. It is my pleasure
to recommend that Country X place such a child with
the Smith family of State X, USA.”
Sample Wording:
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