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Adoption
Assistance in Pennsylvania
What
is Adoption Assistance?
Adoption Assistance is
a program which provides the financial assistance that enables families
to manage the physical, emotional, and/or mental disabilities which
these children often have. Without such assistance, the needed medical,
psychological or educational services might otherwise rapidly drain
a family’s financial resources.
Who
is eligible?
In a word, all children
17 years or younger with special needs are potentially eligible for
Adoption Assistance.
What
determines the child’s eligibility?
In order to qualify for Adoption
Assistance, a waiting child must meet one of the following requirements:
- A physical, mental or
emotional condition or disability.
- A genetic condition which
indicates a high risk of developing a disease or disability.
- Being of a member of
a minority group.
- Being a member of a sibling
group which is placed together.
- Being 5 years of age
or older.
The
child must be legally free for adoption and in the legal custody of
a county children and youth social service agency or another agency
licensed by the state, in order to be eligible for an adoption subsidy.
What
are the categories of Assistance?
Nonrecurring Adoption
Expenses are responsible and necessary costs which are directly related
to the legal adoption of a child with special needs. Such expenses are
limited to home study fees, travel for pre-adoptive visits, court costs
and attorney fees needed to complete the adoption process. The limit
for all finalization expenses, including legal costs, is $2,000. All
expenses must be documented. Click
for more info.
Maintenance Payments
are monthly cash payments intended to help defer the costs of providing
food, shelter, clothing and other incidental expenses associated with
child rearing. These payments may not exceed the amount the county would
pay if the child would remained in foster care. They are not considered
income and are non-taxable.
Medical Assistance
cards are issued in the name of the adopted child. The card entitles
the child to any benefit that would be available under the Pennsylvania
medical assistance program.
Depending on the
child’s needs and the adopting family’s circumstances, a child
may receive one or more of the above types of assistance.
When
does the subsidy become effective?
The
subsidy agreement may become effective upon the day on which the child
is placed in the home and remains in effect regardless of the state
in which the adoptive parents reside at any given time.
Does
the adoptive family have the right to appeal an adoption subsidy decision?
Yes, an
appeal can be filed after:
1. A finding
of ineligibility after determination of eligibility.
2. A denial or reduction of service.
3. The termination or suspension of service.
4. Failures by agencies to notify or advise adoptive parents
of the availability of adoption assistance.
5. Relevant facts regarding the child, the biological family, or child’s
background are known but not presented to the adoptive parents prior
to finalization.
6. Denials of assistance based upon means tests of the adoptive family
7. Erroneous determination by the agency that a child is ineligible
for assistance
The address to file
the appeal is:
Department of
Public Welfare
Bureau of Hearings and Appeals
2330 Vartan Way, 2nd floor
Harrisburg, PA 17110
Telephone
(717) 783-3950
If
a family files an appeal at the Bureau of Hearings and Appeals
(BHA) and loses, can the appeal continue at another level?
Yes, the
appellant may ask the Secretary of Welfare to reconsider the BHA decision
if the request is made within 15 days of the decision of the Bureau
of Hearings and Appeals.
The appellant
can also file a petition for review with the Pennsylvania Commonwealth
Court within 30 days. The case will be heard by the higher court and
reviewed to determine:
1. If an
error of law was made;
2. Whether
there is substantial evidence in the record to support the BHA’s
decision; or
3. Whether
constitutional rights were violated.
The time for
both options tolls concurrently. Both options may be selected concurrently.
You may also
consult the Program Operations Division, U.S. Children’s Bureau,
Administration on Children and Families, PO Box 1182 Washington, D.C.
20201 or 202-205-8671 for advice on an appeal for the IV-E program.
What if
I need more in depth information on subsidy law, policy and procedures?
NACAC (North American Council on Adoptable Children) has detailed information
on subsidy from both a National and a state by state perspective. In
November of 2000 they sent a questionnaire to Pennsylvania to establish
current procedures in the state. View the responses
here.
Where can I find the regulations affecting subsidy
in Pennsylvania?
Right here. We have
extracted the relevant sections of the Pennsylvania Code.
§ 3140.202. Child
eligibility.
§ 3140.203. Adoption assistance agreement.
§ 3140.204. Payments/benefits.
§ 3140.205. Eligibility for Federal
financial participation.
§ 3140.206. State reimbursement.
§ 3140.207. Entitlement to other services
and benefits.
§ 3140.210. Right to hearing and appeal.
Now I'm
totally confused! Where can I get an explanation of the regulations and
how they apply to me?
Right here.
On March 17th 1999 the office of Children, Youth & Families issued
a bulletin to explain how the regulations should be applied. They are
broken down as:
Agreement
issues
Appeal issues
Eligibility issues
Financial issues and placement
Medical Assistance issues
Other issues
If you would like
more information on Adoption Assistance in Pennsylvania, please call Phyllis
Stevens at (215) 256-0669 Together
as Adoptive Parents, Inc. or Sherry Anderson at Three Rivers Adoption
Council (412) 471-8722.
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