Adoption Assistance Adoption Assistance came about as an effort to increase the adoptive placements of children/youth that were considered “hard to place” or “unadoptable” because of their special needs and to prevent income from being a barrier to prospective adoptive families As of 2001, 88% of adopted children nationwide received subsides, percentage varied among states from 13% - 100%

History NC State funded assistance began as early as 1968 Adoption Assistance and Child Welfare Act of 1980 Adoption and Safe Families Act of 1997 Fostering Connections to Success and Increasing Adoptions Act of 2008 NC was one of the pioneering states that provided 100% state funded assistance Required all states to establish an adoption subsidy program and provided Federal dollars to be used for a portion of the cost Allowed IV-E eligibility to be retained in a subsequent adoption; requires criminal record check on prospective adoptive parents of children who would receive IV-E Amended the eligibility requirements for the Title IV-E adoption assistance program; *Beginning October 1, 2017, the applicable child eligibility criteria will apply to children of all ages; the age criteria will be decreased by 2 years each FFY until that time

Types of Adoption Assistance IV-E Adoption Assistance IV-B Adoptions Assistance State Adoption Fund

Determining Eligibility – Four Steps Is the child an Applicable Child? Does the child meet the Special Needs Criteria? Does the child meet the other Eligibility Criteria? Is the Child a U.S. Citizen or Qualified Alien? The first step in establishing eligibility for adoption assistance is determining whether the criteria for an “applicable” or “non-applicable” child would apply. Applicable is NOT the same thing as eligible!!

Eventually, all children will fall into this category Applicable Child Age (see graph) Time in Care (60 consecutive months) Sibling (being adopted with a sibling that is an applicable child) The first step in determining eligibility for adoption assistance is determining whether the child meets the criteria for “applicable” or “nonapplicable”. Eligibility requirements for an applicable child must be applied to any child that meets one of the three criteria. 1. Age is determined by whether the child has attained or will attain the applicable age anytime before the end of the Federal Fiscal year during which the Adoption Assistance agreement is entered into 2. Child has been in foster care for any 60 consecutive months 3. Child is sibling to an eligible child AND placed in the same adoptive home Eventually, all children will fall into this category

Non-Applicable Child Do not meet the age requirements, have not been in care for 60 consecutive months, and are not being adopted with a sibling that is an applicable child

Special Needs Determination (all children) Part One – Child cannot or should not be returned to the home of parents Part Two – Specific Factor or Condition Part Three – A reasonable, but unsuccessful effort has been made to place the child with adoptive parents without providing assistance or Medicaid Step 1 - Based on a court order legally clearing the child through any combination of TPR, a petition for TPR or relinquishment on both parents or verification or parent’s death Step 2 – Medically diagnosed disability; psychiatric condition; behavioral/emotional disorder; mental retardation Step 3 - An exception to this would be when it would not be in the best interest of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child or in a relative placement. If they document that they cannot adopt the child without adoption assistance, the requirement for reasonable but unsuccessful effort would be met. Step 1 and 2 still have to be met in this situation! ! SIMPLY MEETING THIS IS NOT SUFFICIENT; NOR HAS IT EVER BEEN ALTHOUGH THAT HAS BEEN A COMMON MISCONCEPTION!

Special Needs Determination: Potential Category At risk of diagnosis Benefits Medicaid Zero monthly payment Payment begins the month following diagnosis Risk factors include: prenatal exposure to toxins, history of abuse or serious neglect, or genetic history Beginning payments: adoptive parents should provide documentation of the diagnosis to the agency in order to verify eligibility for monthly payments; A child approved as “potential” would be handled in the same way as all other children; nonrecurring costs would be covered, tax credit would apply, adoptive parents would sign all documents, 5095 would be opened and child would receive Medicaid. Only difference is the monthly financial assistance would NOT be received for this child

Other Eligibility Criteria (applicable child) Child must meet one of the following requirements: Must be in custody at the time of the initiation of adoption proceedings pursuant to a court order with a contrary to the welfare finding, VPA or Relinquishment; All medical & disability requirements of SSI; Child was in foster care with Minor Mom and Mom was in custody pursuant to a court order with a contrary to the welfare finding, VPA, or Relinquishment; or IV-E eligible in a prior adoption A Title IV-E payment does not have to be made for a child under a VPA and note also that a child CAN be IV-E eligible for AA that entered care through a relinquishment. The child would not have to meet the needs based requirements of SSI to meet this criteria as long as medical/disability requirements were met (this child would not have to be in agency custody at the time of adoption!?) Requirements as follows: Was residing in a family foster home or child care institution with his/her minor parent Minor parent was removed pursuant to either involuntary removal with contrary to the welfare findings or VPA/relinquishment The agency need only determine that the child is still a child with special needs to be eligible for adoption assistance; while foster care eligibility would be based on the circumstances around the removal from the adoptive parents; adoption assistance eligibility would be determined by circumstances at the time of the adoption Note that there is no requirement for AFDC connectedness

Other Eligibility Requirements (non-applicable child) Child must meet one of the following: AFDC eligible at time of removal SSI eligible prior adoption finalized Child of minor parent IV-E eligible in prior adoption

Special Considerations for Applicable and Non-Applicable Children The county agency must enter into the agreement prior to the finalization of the adoption Eligibility criteria for IV-E foster care and IV-E adoption assistance are NOT the same For either pathway, the child must also be a US citizen or qualified alien The critical event for applying “applicable” and “non-applicable” categories is the date the adoption assistance agreement is entered into Background check requirements also apply. While the criteria for an “applicable” child clearly specifies the child must be a US citizen or qualified alien, the nonapplicable child notes only that it is “highly unlikely”. Can’t think of any situation where the child could qualify under one of the four other requirements but could be possible.

IV-B or State Adoptive Fund (SAF) Child must be or have been in the placement and care of a county DSS (IV-B) or NC licensed private agency (SAF) prior to the finalization of the adoption The child must meet the criteria for Special Needs for the “non-applicable child” The child must not be eligible for IV-E adoption assistance Children who are determined to meet the special needs criteria but are not eligible for IV-E adoption assistance may be eligible for IV-B or State

Non-Recurring Adoption Expenses Up to $2,000 for any adoption Only eligibility criterion is that the child meets the three part determination of special needs Available for reasonable & necessary expenses of adoption DSS-5145 must be completed and signed by adoptive parents and director or designee Citizenship or Qualified Alien status is required A child does not have to be eligible for AFDC, title IV-E foster care, or SSI and does not have to be under the responsibility for placement and care of the county agency in order for the adoptive parents to receive reimbursement for their nonrecurring adoption expenses. Can be used for Adoption fees, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special need

Vendor Payments Vendor payments provide up to $2400 per year assistance for services or treatment for handicapping conditions which existed prior to the time of the child's placement for adoption. Available only for those services or treatment NOT covered by any medical insurance program It is not necessary for these conditions to have been identified prior to the placement, but rather to have existed. Requirements for Approval of Vendor Payments Documentation of the child’s specific special needs How the requested service or treatment addresses those needs The special training, licensing, or credentialing of the individual recommending services Written request for reimbursement outlining the service goals, duration, unit costs & projected total costs The ongoing need for services should be evaluated at least annually Other: Adoptive parents will be expected to explore and use available resources other than these benefits for payment of services related to alleviating the child's special needs. Private schools would rarely qualify for vendor payments since public school systems are required to meet the needs of enrolled children

Permanency Plan Considerations Depending on how a child is eligible, granting custody or guardianship to foster parents prior to adoption petition being filed could result in ineligibility if foster parents seek adoption on their own.

Case Example Timmy is age 8 and has been in DSS custody since age 3 with his same foster mother who wants to adopt him. He is diagnosed as developmentally delayed, but has not qualified for SSI. DSS is recommending that the foster mother receive guardianship and later she can pursue TPR/adoption. Issue:

Potential Pitfalls If not in custody at the time of the adoption, Timmy may not be eligible Need to verify that his diagnosis of developmental delay meets the “special needs” criteria

Case Example Gabriela (8) and Jorge (9) are from Panama but abandoned by their parents in the U.S. whose rights have been terminated. They have applied for Special Immigrant Juvenile Status and are in a pre-adoptive placement. However, the foster parent is on a fixed income due to disability.

Potential Pitfalls Eligibility is determined at the time the adoption petition is filed. Gabriela and Jorge do not currently qualify for adoption assistance because they are not yet qualified aliens.

Adoption Assistance Checklist DSS-5012 (revised 12/09) Policy requires completion within 30 days of child being cleared for adoption May be beneficial to use as a worksheet in determining the appropriate permanent plan Need to verify ongoing eligibility or ineligibility if circumstances change

Resources DHHS Division of Social Services Manual http://info.dhhs.state.nc.us/ Chapter XIII Child Welfare Funding, Section 1600 Adoption Assistance Payments The Fostering Connections Resource Center http://www.fosteringconnections.org/