Needed Florida family for Xander and Zackary deadline 11.20.14

Update: 11/18/14 3:11pm Eastern Time: We have received some additional information regarding Zachary’s birth father.  He reports that he does not recall having any medical issues during his childhood.  He current has high blood pressure and takes Nexium for acid reflux.  He reports no other medical issues. 

To date three families have indicated they have sent in their application packets.  

 

The contact information for these siblings is:

Elizabeth R. Ondriezek, Esquire

pleadings@ondriezeklaw.com

3829 Atlantic Boulevard

Jacksonville, Florida 32207

Telephone: (904) 396-3900

Facsimile:   (904) 396-5005

Shared with her permission:

This Case is a bridge case: one sibling is being voluntarily placed by an intervention. The other brother is being placed by the children social services system. Important to note; the family must be willing to be state approved as well as the ability to move on a non subsidized adoption…Full Details to follow.

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“XANDER and ZACHARY”

JACKSONVILLE, FLORIDA SITUATION

ORIGINAL POSTING DATE: November 14, 2014


DEADLINE TO SUBMIT RESPONSE & HOME STUDY: 5:00 p.m. on Thursday, November 20, 2014

PLEASE READ BEFORE PROCEEDING 

This is a non-traditional adoption situation. The legal proceeding for Xander will involve intervention into a Dependency Court case and will proceed as a private termination of parental rights and adoption proceeding. The legal proceeding for Zachary, however, will involve adoption through the State of Florida Department of Children and Families, as parental rights as to Zachary have already been terminated in his Dependency Court case. The children are half-siblings and it is the desire of all involved for the children to be adopted by the same parents.


To be considered for this adoption, you MUST meet the following criteria:

1) You must reside in Florida.

2) You must be a heterosexual married couple.

3) You must have current valid home study (approved within the past 12 months).

4) All background checks with your home study must either have been completed within the past ninety (90) days, or you must be able to get them updated immediately.

5) You must be willing and able to travel to Jacksonville, Florida on Monday, November 24, 2014 to meet the Birth Father.

6) You must be willing to pursue adoption of both children (one via private adoption and one via adoption through the Department of Children and Families).

If you do not meet the criteria set forth above, please DO NOT apply for this situation. Deadline to submit a response including your home study: Thursday, November 20 at 5:00 p.m. Children: Two (2) Half-Siblings: Xander – age 1 year 8 months Zachary – age 7 months Gender: Xander: Male Zachary: Male Race: Birth Mother: African American Birth Father of Xander: African American Birth Father of Zachary: African American

Children:

Xander was born on February 27, 2013. The birth mother admits to using cocaine within the first one (1) to two (2) months of her pregnancy with Xander; however, the child tested negative for substances at birth and is currently healthy. He has a medical history including breath-holding spells but has outgrown that issue. He also has a history of night terrors, but he reported to have had only two (2) in the past eight (8) months. He has seasonal allergies. Xander is not currently prescribed any medications. He has a chipped front tooth that cannot be reevaluated until he turns two (2) years of age because of his breath-holding spells and due to the fact that he would require anesthesia for surgery to correct the problem. Xander is reported to be very advanced in terms of meeting his developmental milestones.

Zachary was born on April 17, 2014. The birth mother tested positive for cocaine during her pregnancy but Zachary tested negative for substances at birth. He is reported to be a healthy child who is not on any medications. He has had some incidents of diarrhea but this may be due to a change in his formula or due to allergies. Zachary is reported to be a happy baby. Xander was removed from his mother’s custody by the Department of Children and Families in April 2013. He has resided in the same foster care placement since his removal. Zachary was removed from his mother’s custody by the Department of Children and Families at birth. He was placed into a foster home upon removal where he remained until he was approximately three (3) months old. He was not placed into the same foster home as Xander right away because Zachary was too young to attend daycare; however, he was transitioned into the same foster home as Xander when he was approximately three (3) months old. Both boys have remained in the same foster home since that time. The foster mother reports that Xander and Zachary are bonded and get along very well. She reports that Xander is very helpful with Zachary and protective over him. The writer of this situation does not have any medical records for the children and does not anticipate receiving any such records prior to the selection of adoptive parents.

Birth Mother:

The birth mother of both boys is twenty-eight (28) years of age. She is African American and is approximately 5’4″ with black hair and brown eyes. She weighs approximately 110 pounds and is described as being slim with broad shoulders. She is reported as having a high school education. The birth mother has been diagnosed with schizophrenia. She has been institutionalized in the past and has a history of being non-compliant with her prescribed medication for this condition. She is also a substance abuser, with cocaine being her drug of choice. The birth mother has another child, a nine (9) year old male, whom the mother voluntarily placed with the child’s maternal grandmother. The birth mother was offered a Case Plan for reunification of Xander but has failed to substantially comply with the Case Plan, and thus the Department of Children and Families has filed a petition to terminate her parental rights to Xander. The birth mother’s rights as to Zachary were recently terminated.

It is unknown to the writer of this situation whether the birth mother will agree to sign consent and surrender documents for the private adoption of Xander; however, the writer of this situation is prepared to file a petition to terminate the birth mother’s parental rights as to Xander on legal grounds in the event she does not sign consent and surrender documents.


Legal Father

: The birth mother is currently married and has been married to the same man throughout her pregnancies and the births of both Xander and Zachary. Pursuant to Florida law, although he has no biological relationship to either child, the birth mother’s husband is the legal father of both children. The legal father has executed surrenders of both children to the Department of Children and Families.


Birth Father of Xander:

The birth father of Xander is fifty-one (51) years of age. He is African American and is 6’4″ in height with black hair and brown eyes. He weighs approximately 366 pounds. The birth father is a college graduate with a major in general business and a minor in economics. He attended college on a football scholarship; he played the position of linebacker. He reports that he was a C-student in school. The birth father enjoys fishing, sports, and building things with his hands. He describes himself as having a sense of humor. He has asthma and hypertension but reports that there are no major medical diagnoses or health issues in his family; he states that most of his relatives have lived to approximately 80-90 years of age. He reports that he is a substance abuser and has tested positive for cocaine during the ongoing Dependency Court case for Xander. The birth father has a criminal history involving substance abuse, including a pending case involving charges for trafficking in and possession of controlled or illegal substances. The birth father was offered a Case Plan for reunification with Xander but has failed to substantially comply with the Case Plan, and thus the Department of Children and Families has filed a petition to terminate his parental rights to Xander. The birth father acknowledges that the Department has legal grounds to terminate his rights and wishes to engage in a private adoption plan for Xander rather than permitting the Dependency Court to terminate his rights involuntarily, in which situation the Department would select the family who would adopt his son. The birth father is willing to execute consents and surrender Xander to the adoption intermediary for placement and subsequent adoption. He wishes to participate in the selection process and to meet the family he selects.


Birth Father of Zachary:


The writer of this situation has little information regarding the birth father of Zachary. He is fifty-four (54) years of age and is African American. He is approximately 5’09” in height. The birth father chose not to assert his rights to Zachary and thus the legal father’s surrender of his rights to Zachary constituted a legal basis to terminate parental rights to Zachary and permanently commit him to the custody of the Department of Children and Families for placement and subsequent adoption.

Legal Procedure – Xander:


Because parental rights to Xander have not been terminated, his birth father (and potentially birth mother if she chooses to participate) is still in a position to execute the legal documents necessary to surrender Xander to the writer of this situation, the adoption intermediary, for placement and adoption subsequent with his wishes. Based upon the birth father’s consent documents, the adoption intermediary would file a motion to intervene into the Dependency Court case and for transfer of custody of Xander to the selected adoptive parents. From that point, the termination of parental rights and adoption proceeding would move forward as any other private adoption case would proceed. There will be no adoption subsidy available for Xander due to the private nature of his adoption. This is not subject to dispute or subject to change.


Legal Procedure – Zachary:


Because parental rights to Zachary have already been terminated by the Dependency Court, the birth parents do not have the option of private placement and adoption for Zachary. However, the writer of this situation has communicated with counsel for the Department of Children and Families, and it is clear that all parties seek for Zachary to remain placed with his half-brother and for both boys to be adopted by the same adoptive parents. The adoptive parents selected by Xander’s birth father must also be willing to apply to adopt Zachary through the Department of Children and Families, and they will be given preference in the selection of Zachary’s adoptive family due to the overwhelming priority of keeping the children together. Because his adoption will be through the Department of Children and Families, an adoption subsidy will be available for Zachary. The writer of this situation will provide the selected adoptive parents’ home study and accompanying documentation to the Department of Children and Families for immediate processing to expedite the placement of Zachary as much as possible. It is anticipated that, due to the different legal procedures required, Zachary may not be approved for a change of custody to the selected adoptive parents as quickly as Xander, and thus Xander may come to reside with the adoptive parents before Zachary. It is unclear whether the Department of Children and Families (both in the county where the Dependency Court case is pending and in the county where the selected adoptive parents reside) will accept the private home study submitted by the adoptive parents or whether the Department will require completion an additional home study by the Department’s own providers before Zachary can be placed with the adoptive parents.

Open vs. Closed:

The birth father of Xander would like to meet the adoptive parents he selects prior to finalizing his decision.


The selected adoptive parents must be willing and able to travel to Jacksonville, Florida to meet the birth father on Monday, November 24, 2014. The birth father would also like to receive periodic letter and photo updates regarding Xander, which would be facilitated through an entity designed for processing same. The birth father wishes to have occasional face-to-face contact with Xander in the future if possible.

Seeking:

The writer of this situation anticipates meeting with Xander’s birth father for the selection of the adoptive parents of both children. It is unknown at this time whether the birth mother of the boys will desire to participate in the selection process, and her preferences are unknown to the writer of this situation. The criteria set forth by Xander’s birth father are as follows: adoptive parents must be a heterosexual married couple residing in Florida. There is no preference as to the race of the adoptive parents but there is a preference that the parents be between thirty (30) and forty (40) years of age. The adoptive parents must not be atheist; any other religion is acceptable. The adoptive parents must be supportive of the children’s aspirations and goals. The birth father has no preference as to whether the adoptive parents have other biological or adopted children in the home. He is comfortable with families who have swimming pools and/or pets.

ANTICIPATED TIMELINE:

5:00 P.M. ON THURSDAY, NOVEMBER 20: DEADLINE FOR SUBMISSION OF APPLICATION DOCUMENTS TO ADOPTION INTERMEDIARY.

FRIDAY, NOVEMBER 21: PRESENTATION OF APPLICATIONS FOR SELECTION OF ADOPTIVE PARENT(S). SELECTED ADOPTIVE PARENT(S) WILL BE NOTIFIED OF SELECTION AS PROMPTLY AS POSSIBLE.

MONDAY, NOVEMBER 24: SELECTED ADOPTIVE PARENTS MUST TRAVEL TO JACKSONVILLE, FLORIDA TO MEET WITH XANDERS BIRTH FATHER.

TUESDAY, DECEMBER 9: HEARING IN DEPENDENCY COURT CASE. ANTICIPATED THAT MOTION TO INTERVENE AND TRANSFER CUSTODY OF XANDER TO ADOPTIVE PARENTS WILL BE HEART (AND POTENTIALLY GRANTED) ON THIS DATE.

Fees and Costs: The matched adoptive parents will be responsible for all fees and costs incurred in connection with this situation, including fees and costs incurred PRIOR to being matched, which are anticipated to be $2,500 but could potentially be higher. The estimated fees and costs are as follows:

1. Legal fees and costs are estimated to range between $8,000 and $12,000. This amount is merely an estimate, and may increase or decrease depending on the complexity of the process going forward.

2. There will be no Birth Mother expenses or medical costs as the children are already born and the 6-week post-birth window has long since elapsed.

3. There will be no ICPC cost as the adoptive parents must reside in Florida.

Initial Retainer Payment Due Immediately: If you are selected as the prospective adoptive parents, you must be willing and able to remit an initial retainer for legal fees and costs in the amount of $8,000. In addition, you will be provided with a Retainer Agreement which you must sign and return via email or fax immediately upon receipt.

If you wish to be considered, please see the enclosed documents and complete the steps listed BY NO LATER THAN 5:00 PM on Thursday, November 20, 2014:

1. Acknowledgements of Disclosure and Adoption Entity Disclosure Pursuant to Florida Statute 63.085. Please keep the Adoption Entity Disclosure for your records. Please sign and return one (1) Acknowledgement of Disclosure.

2. Prospective Adoptive Parent (PAP) Questionnaire. Please complete the form and return four (4) copies in typewritten form. Feel free to add information that you think is important in being considered for this Situation.

3. Potential Adoptive Parents Contact Sheet. Please return one (1) copy in typewritten form.

4. Submit your current approved adoption home study. You may also submit no more than three (3) photographs of yourselves and/or your family. Please DO NOT submit profiles or scrapbooks in lieu of photographs, as same WILL NOT be considered in the selection of the adoptive parents.

5. Submit a $100.00 Application Fee. We accept personal checks, cashier’s checks or money orders ONLY. Do NOT send cash. Make checks payable to Elizabeth R. Ondriezek, P.A.

METHOD OF DELIVERY: Please overnight the requested documents. No fax or email responses will be accepted. Due to time constraints in this matter, packets may be dropped off at our office located at 3829 Atlantic Boulevard, Jacksonville, Florida 32207, from Monday, November 17 through Thursday, November 21, between 9:00 a.m. and 5:00 p.m. DEADLINE: If you wish to be considered as prospective adoptive parents for Xander and Zachary, we must receive ALL of the required documentation and your application fee by no later than 5:00 p.m. EST (noon) on Thursday, November 20, 2014. By submitting the required documents, you are indicating that if selected, you are committed to going through the process for both children.

Questions: If you have questions that have not been answered in the body of this Interest Situation document,

please email them to eondriezek@ondriezeklaw.com and they will be answered as quickly as possible.

Thank you,

Elizabeth R. Ondriezek, P.A.

3829 Atlantic Blvd.

Jacksonville, FL 32207

Telephone: (904) 396-3900

pleadings@ondriezeklaw.com

Please if you are interested, contact Elizabeth R. Ondriezak, P.A. There are potential adoptive parent forms that must be signed and filled out and returned by NOVEMBER 20. I also have these forms and can forward them to you if you give me your email address.

I know these boys have an excellent chance on finding a forever home with the same family, but we must do our part! ‘

If this situation does not apply to you, please share so these boys can stay together and bless a family!!

Thank you all. Without you sharing, the work would not be accomplished!

I_Love_My_Little_Brother[1]

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3 comments on “Needed Florida family for Xander and Zackary deadline 11.20.14

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