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Bulletin 3140-99-01
Adoption Assistance Questions
Appeal Issues
19.
What issues must be covered in the adoption assistance agreement?
Section 3140.203 (b) specifies that the
following shall be included in the adoption assistance agreement:
- The dollar amount of the adoption assistance payment, if any;
- The availability and scope of Medical Assistance coverage under
Title XIX of the Social Security Act;
- Circumstances which would cause a reduction in or termination of
the amount paid;
- Responsibility of adoptive parents to notify the county of changes
in circumstances and that the county will contact the family at least
annually to assess the child's continued dependency;
- Information about additional services that may be available
to the child;
- Statement that the agreement remains in effect if the family moves
out of the certifying county;
- Duration of the agreement;
- The schedule for making payment and the date on which
payment will commence.
Each party gets a signed copy of the agreement.
20. Is an actual discussion
and negotiation with adoptive parents a required part of the process for
determining the amount of adoption assistance?
Yes, in order to determine the amount of
the adoption assistance a discussion with the adoptive parents must
include what the child's needs are and the family's circumstances. Each
agreement is individually designed to meet the needs of the child being
adopted within the context of the family that will be adopting.
United States Code Title 42 §673 (a) (3)
states "The amount of the payments to be made ... shall be determined
through agreement between the adoptive parents and the ... agency administering
the program..."
Per state regulations at § 3140.204 (a),
"The county agency shall certify the child's eligibility for adoption
assistance and, in consultation with the adoptive parent, shall determine
the terms of the adoption assistance agreement."
21. Can an agency use
criteria, such as state median income adjusted for the family size or
a sliding income scale, in determining the amount of the adoption assistance?
No, federal policy (ACYF PIQ-90-02)
states that regulations "prohibit the use of a means test ... in
negotiating an adoption assistance agreement (including the amount of
the adoption assistance payment)." The amount of the payment must
consider the needs of the child and the circumstances of the adopting
parents. The same policy document goes on to state; "The language
is interpreted to pertain to the parents' ability to incorporate the
child into their household in relation to their lifestyle, standard
of living and future plans and to their overall capacity to meet the
immediate and future needs (including educational needs) of the child."
22. A child in
the custody of a county agency is being supervised by a private foster
care agency and subsequently moves into an adoptive home. The child is
eligible for adoption assistance. Is the maximum amount available in adoption
assistance payment the amount being paid to the private foster care agency,
or is it the amount the private foster care agency pays the foster family?
For example, a child is supervised by the ABC private agency and is living
with the Smith foster family. The ABC Agency is receiving $50.00 per day
from the county agency for the child's foster care. The ABC agency pays
the Smith family $25.00 per day for providing the foster care.
The maximum amount
available to the adoptive parents is the amount tieing received by the
foster family. In the example, that would be $25.00 per day.
A private agency is paid a fee that includes administrative costs as
well as the amount paid to the foster family. Administrative costs are
not included in the definition of foster care maintenance payments for
children placed in foster family homes and may not, therefore, be included
in determining the amount of the adoption assistance. For this reason,
in the example cited, the adoption assistance cannot exceed the $25.00
per day paid to the foster parents.
23.How much can the adoption
assistance payment be when a child is in a "treatment" foster
home?
The payment cannot be higher than the
amount the county would have paid to the foster parent if the child
had remained in foster care. This requirement applies whether the child
is in specialized foster care or in non-specialized foster care.
24. Some mental health
placements are shared rates mental health/mental retardation monies combined
with children and youth monies. In this situation, what would the maximum
adoption assistance payment be?
Shared cost arrangements
involving agencies with a common interest in the adoptive family may
continue following an adoption. The maximum amount that the county children
and youth agency may contribute to such an adoption assistance agreement
is found in regulations at § 3140.204 (b) (1) (1), which states: "The
amount of the adoption assistance payment may not exceed the foster
care maintenance payment which would have been paid if the child for
whom the adoption assistance payment is made were living in a foster
family home."
There is no prohibition against another
agency such as MH/MR participating in an adoption assistance agreement,
when the involved agencies choose to continue to work together on behalf
of a child. Participation in an adoption assistance agreement by an
agency other than the county children and youth agency would be of a
voluntary nature.
The adoption assistance agreement should
specify the share that each participating agency will be contributing
to the adoption assistance benefits as established through agreement
with the adoptive family.
25. When may the child's
adoptive family begin to receive adoption assistance payments?
Payments may begin after all child eligibility
criteria, including the termination of parental rights are met, the
child is placed with the adoptive family, and the adoption assistance
agreement is signed by those who are party to the agreement (§ 3140.204
(d)).
Current regulations contain an incorrect cite that
addresses when assistance payments may begin. The incorrect regulation
states that adoption assistance may not begin until the adoption is
finalized. This incorrect cite at § 3140.203 (b) (2) will be deleted
when the regulations are revised.
As of January 23rd
2001 this response is no longer valid. Check at (717) 705-2912 for the latest interpretation.
26. As part of the terms
of the adoption assistance agreement, may the county agency reserve the
right to reduce subsidy if the child becomes eligible for third party
payments after the adoption assistance agreement is signed?
No. The adoption assistance agreement
must specify the assistance dollar amount (§ 3140.203 (b) (1)). Any
changes to the agreement, either an increase or a decrease in assistance,
must be made with concurrence of the adoptive parents (§ 3140.204 (b)
(1) (iv)).
27. Under what
circumstances are parents who receive an adoption assistance payment on
behalf of a child no longer entitled to receive it?
Regulation §3140.204 (e) sets forth
the following basis to terminate adoption assistance payments:
- The child reaches 18 years of age.
- The adoptive parents are no longer providing for the financial support
of the child.
- The parents are determined by court action to no longer be legally
responsible for the child.
- The adoptive parents request termination of adoption assistance.
28.
Can families be held accountable for the use of adoption assistance benefits
such as providing receipts for therapy, tutoring, etc.? Instead of paying
a family directly, can agencies pay the provider for the specific service
the child is receiving?
No. Parents who adopt with adoption
assistance are parents with full and complete parental rights. To expect
parents to produce receipts for purchases relating to their child, or
to make payment directly to a provider on the parents' behalf, is a
practice that does not fully recognize the adoptive parents as the child's
parents.
29.If one of the adoptive
parents dies or the parents divorce, must the parent who retains custody/responsibility
for the child reapply for the adoption assistance?
No. However, the parent may want to
request that an amended adoption assistance agreement be drafted. The
parent with custody would, if needed, initiate contact with the agency
to amend the adoption assistance agreement. The amended agreement could
then reflect the correct payee and any change that may be needed with
regard to benefits.
30. In a case where a
single parent adopts and enters into an adoption assistance agreement
with the county agency, what happens in the following situations?
- The single parent later marries and the new
spouse adopts the child. Can the adoption assistance agreement be
amended to include the spouse?
- The original adoptive
parent dies. Can the spouse now receive subsidy on behalf of the child?
- What if, in this same
situation the spouse had not legally adopted the child, could the
adoption assistance agreement be amended to include the new spouse?
What then if the original adoptive parent dies, could the spouse receive
the subsidy?
- Can a widow/widower adopt
the deceased spouse's child who was receiving adoption assistance?
- Yes
- Yes, if the spouse is recognized as the child's legally adopted
parent.
- No. Adoption assistance is given to adoptive parents only
- Yes, but a new adoption would need to take place and a new adoption
assistance agreement negotiated according to existing regulations.
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