When a prospective adoptive parent is a stepparent of the child and the adoption is uncontested, the Court may waive the adoption evaluation if the Court has reviewed the Department of Public Safety and the Texas Department of Family & Protective Services records for the stepparent. The Domestic Relations Office can provide these records to the Court for a fee of $100.00.
ADDITIONAL INFORMATION
Adoption Evaluators. All DRO evaluators meet the qualifications in Texas Family Code, Chapter 107, Subchapter E.
Case Assignment. Cases are assigned in a rotating basis after a party has paid all fees. Adoption evaluations are not provided where the parties reside outside of Harris County, Texas.
Evaluation Cost. The cost of the evaluation is $250.00. All fees must be paid before the evaluation is assigned. Fees can be paid via cash, money order, or credit card. The fastest method to pay fees is through this website, however, fees may also be paid in person at 1310 Prairie, Suite 1080. Fees are nonrefundable once the case is assigned. Cases cancelled before assignment to an evaluator may receive a refund, less a $50 processing cost.
Guidelines. All adoption evaluations must meet the standards in Texas Family Code, Chapter 107, Subchapter E and the Texas Administrative Code.
The Process. Each case has unique factors and considerations based on family dynamics. However, the following processes apply to every evaluation.
a. Personal History Questionnaire. Available on our website, each adult residing in a party’s home must complete this Questionnaire. The questionnaire provides the evaluator with information needed to conduct the evaluation and should be completely upon case assignment.
b. Home Visits. A home visit will be completed. During the home visit, all occupants of the home must be present, including those who reside on a part-time basis in the home. The visit will include: (1) a family interview; (2) subsequent individual interviews/observation of ALL residents; and (3) a home tour. Private, dedicated space is necessary for the interviews.
c. Recordings Prohibited. Neither the parties or evaluator may not record any interview that is part of the evaluation.
d. Third Party Providers. Each party is ORDERED to sign appropriate releases for the DRO to review the children’s and party’s school records, physical and mental health records and records from any other collateral source that may have relevant information. Such information is required to be considered by the evaluator.
h. Personal References. Each party will be asked for personal references. The evaluator will contact at least three references and include their comments regarding the relationship between the children in question and each party in the Report.
i. Criminal History. By statute, records are requested for each person over 14 residing in the home.
j. CPS History. By statute, records are requested for each person residing in the home.
k. Timeframe. Adoption Evaluations are generally completed within 60 days of assignment to the evaluator (See FAQ for more information).
Evaluation Reports. Upon completion, an evaluation report is filed with the Court. The Report is filed as a confidential document and is only viewable to the lawyers and parties. After filing, the evaluator disseminates the evaluation report to each attorney of record.
Conclusion of evaluation. After the Report is filed, the evaluator will not engage in further investigation or communication with the parties. If after filing the evaluation, additional information becomes available that is relevant to the evaluation, the evaluator may file a supplement to the evaluation. If additional services become necessary, a new court order must be secured and additional fees paid prior to the evaluation being re-opened.
Evaluator’s Testimony. When requested by subpoena, FCS evaluators will provide expert testimony on cases. A subpoena must be received by the evaluator in person, by email or through the mail. The subpoena is not required to be served through a process server or law enforcement.
Report Records. Upon filing a Report, records relating to a adoption evaluation are available to parties only. The request must be by subpoena duces tucum and the party must prepay fees of $.40 per page and $25 administrative fee. As all records are retained on a case management system, in-camera inspection is not possible. Due to privacy laws, third party records, including but not limited to medical, psychiatric or psychological will not be released without a court order. Under no circumstances may FCS provide Texas Department of Family & Protective Services or Texas Department of Public Safety records, even by court order. A party seeking third party records should request those records from the third-party provider identified in the Report. Any subpoena for third party records will result in a Motion to Quash and notice to the third-party provider.