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    The Home Study and What Disqualifies an Applicant

    A home study is part interview, part records check and part written assessment. Two categories of criminal finding end the application outright under federal funding conditions, and the rest is judgment applied to a statutory list.

    Adoption & Reproduction6 min readState lawInterstate placement

    A tidy living room with a sofa, a low bookshelf, a rug and a window looking onto a residential street
    Part of the assessment is a visit, and most of it is a written record built from documents. — NeONBRAND neonbrand, CC0, source.

    The rule in short

    State statutes require a written study before a child is placed, prepared by a licensed agency or an approved professional. It covers household composition, health, finances, background checks on adults in the home, references and a home visit. Federal funding conditions bar approval where a check reveals a felony for specified violent or child-related offenses at any time, or for assault, battery or a drug offense within five years.

    The home study is the document everything else waits on. Placement usually cannot occur without it, an interstate request cannot be answered without it, and a petition filed without one is generally held. It is also the part of the process applicants understand least, because most of it happens on paper rather than during the visit.

    What the study covers

    The written assessment is built from documents and interviews. Statutes and agency standards converge on a common set of contents: the household's composition and living arrangements; the applicants' personal and family history; the state of the marriage or partnership if any; health, including a physician's statement; income, expenses and financial stability; employment; references from people outside the family; and a description of the physical home, including sleeping arrangements and safety features.

    Motivation and expectations are addressed directly. Assessors are generally required to describe why the applicants wish to adopt, what characteristics of a child they are prepared for, their understanding of the child's history and needs, and how they intend to discuss adoption with the child. Where the child has known medical or developmental needs, the study addresses the applicants' capacity to meet them.

    Records supply the rest. Birth and marriage certificates, divorce decrees, tax returns or pay records, insurance information, and any prior child welfare involvement are collected and verified. Several states require documentation of completed preparation or training hours.

    The checks that produce automatic bars

    Federal funding conditions require states to have procedures for criminal records checks, including fingerprint-based checks of national crime information databases, for any prospective foster or adoptive parent before final approval for placement of a child.

    Two findings end the application. Where a check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children including child pornography, or for a crime involving violence including rape, sexual assault or homicide but not including other physical assault or battery, final approval may not be granted if a court determined the felony was committed at any time. Where a check reveals a felony conviction for physical assault, battery or a drug-related offense committed within the past five years, final approval may not be granted either.

    Registry checks operate alongside. The state must check its own child abuse and neglect registry for the prospective parent and for any other adult living in the home, and must request checks from any other state in which such a person resided in the preceding five years.

    FindingEffect under the federal funding conditionsTime limit on the finding
    Felony for child abuse or neglectFinal approval may not be grantedNone; applies whenever committed
    Felony for spousal abuse or a crime against childrenFinal approval may not be grantedNone; applies whenever committed
    Felony for rape, sexual assault or homicideFinal approval may not be grantedNone; applies whenever committed
    Felony for physical assault, battery or a drug offenseFinal approval may not be grantedCommitted within the past five years
    Substantiated child abuse or neglect reportAssessed under state standardsSet by state law
    Other convictions and arrestsWeighed in the overall assessmentSet by state law
    The bar is about approval, not about candor

    Applicants sometimes omit an old charge on the theory that it is unlikely to appear. Fingerprint-based national checks generally find it, and the omission is treated as a separate problem: a false statement on an application goes to the assessor's judgment about the household even where the underlying conviction would not have been disqualifying. Disclosing an old matter with an explanation is a materially better position than having it surface in the results.

    Who conducts it

    States define the eligible preparers narrowly. Common categories are a licensed child-placing agency, the state child welfare agency, a licensed professional such as a social worker meeting statutory qualifications, and an individual specifically approved by the court for the case.

    Where no eligible private preparer is available, several statutes make the state agency the fallback. Fees are usually paid by the applicants and are regulated in some states, and the study is prepared for the court rather than for the applicants, which means the assessor is not obliged to withhold unfavorable material.

    The study is also a step, not the whole assessment. Post-placement supervision continues after a child is placed and produces a further report before finalization in an agency case. Both requirements are commonly waived where the petitioner is a stepparent or a listed relative, as described in the simplified route and what it removes.

    How long a study lasts

    Studies expire. Statutes set a validity period, frequently one or two years from completion, after which the study must be updated before it can support a placement. Updates are shorter than the original: refreshed background checks, current financial and medical information, a further home visit, and a supplement describing changes in the household.

    Certain events require an update regardless of the calendar. A move, a marriage or separation, a birth, a new adult in the household, a significant change in health or income, or a new criminal or child welfare matter all typically trigger one. Agencies are usually required to notify the court of a material change while a petition is pending.

    Where an interstate placement is proposed, the receiving state assesses the study against its own requirements and may accept, supplement or replace it. Federal funding conditions set a deadline for completing a home study requested by another state, which is part of the sequence described in compact clearance before a child may be sent.

    What a negative study means

    An unfavorable study is not always the end. Where the concern is remediable — a lease that needs a bedroom, a debt to be addressed, training to complete — the usual path is to correct it and seek an update. Where the assessor's judgment is the issue, some states provide an administrative review or appeal within the agency, and a court may consider the objection when the study is filed.

    Where the obstacle is one of the federal bars, there is no discretion to exercise. Those provisions are written as prohibitions on final approval, and an assessor cannot weigh them against favorable factors.

    Withdrawal is worth understanding before it becomes tempting. Applicants who sense an unfavorable result sometimes withdraw and apply elsewhere. Statutes and agency standards in several states require an assessor to disclose a prior study and its outcome, and interstate requests ask about prior applications directly. An undisclosed withdrawal that surfaces later is treated as a candor issue rather than a neutral fact.

    Applicants who are declined sometimes pursue a different route in which no study is required. Adult adoption involves no study at all, as described in the requirements for adopting an adult, and building a family through assisted reproduction is governed by parentage law rather than adoption law, addressed in obtaining a parentage order in advance of a birth.

    Points to carry away

    • The study is required before placement in most states, not before finalization.
    • Fingerprint-based national criminal records checks are required for prospective foster and adoptive parents.
    • A felony conviction for child abuse, spousal abuse, a crime against children, or a violent crime including rape, sexual assault or homicide bars final approval whenever it occurred.
    • A felony conviction for physical assault, battery or a drug-related offense within the past five years also bars final approval.
    • State child abuse and neglect registries must be checked for every adult in the household, including in states of recent residence.
    • A completed study has a limited life and is refreshed by update rather than by starting over.

    Questions readers ask

    Does an old conviction always end the process?

    Only the categories the funding conditions name are automatic. A felony for child abuse or neglect, spousal abuse, a crime against children including child pornography, or a violent crime such as rape, sexual assault or homicide bars final approval regardless of when it occurred. A felony for physical assault, battery or a drug offense bars approval if committed within the past five years. Everything outside those categories, including misdemeanors and older non-listed felonies, is weighed as part of the assessment rather than treated as a bar.

    Who else in the household is checked?

    Statutes and funding conditions reach beyond the applicants. State child abuse and neglect registries must be checked for the prospective parent and for any other adult living in the home, and the state must request checks from other states where any of those adults resided in the preceding five years. Criminal history requirements in many states also extend to adult household members. Adults who move into the home after approval generally have to be checked before the placement can continue, which is a common reason an approved study is reopened.

    Can a study prepared for one purpose be used for another?

    Sometimes, and the rules are specific. Many states accept a study prepared by a licensed agency for a private adoption in an interstate placement request, provided it meets the receiving state's content requirements and is current. Foster care licensing studies and adoption studies overlap but are not identical, and a study prepared for one may need supplementing. Where the placement crosses a state line, the receiving state decides whether the existing study suffices or whether it will require its own.

    Sources

    1. 42 U.S.C. § 671, State plan for foster care and adoption assistanceRequires fingerprint-based records checks and states the convictions that bar final approval.
    2. Child Welfare Information Gateway, Home Study Requirements for Prospective Parents in Domestic AdoptionFederal clearinghouse summary of who conducts studies and what state statutes require them to cover.
    3. Revised Code of Washington § 26.33.190, Preplacement report — Requirements — FeesSets who may prepare the report, its required contents and its period of validity.
    4. Revised Code of Washington § 26.33.180, Preplacement report required before placementProhibits placement with prospective adoptive parents before the report is complete.
    5. Florida Statutes § 63.092, Report to the court of intended placement; preliminary home studyRequires a preliminary study before placement and defines who may perform it.
    6. Child Welfare Information Gateway, Who May Adopt, Be Adopted, or Place a Child for AdoptionSummarizes statutory eligibility criteria applied alongside the study.

    Metro Law Advisors is a publication, not a law firm. This article states general rules and cites its sources; it is not advice about any particular case, and the law differs by state and changes over time.

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