Adoption Assistance

1. Adoption Assistance

2. 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

3. Types of Adoption Assistance • IV-E Adoption Assistance • IV-B Adoptions Assistance • State Adoption Fund

4. 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?

5. Applicable Child • Age (see graph) • Time in Care (60 consecutive months) • Sibling (being adopted with a sibling that is an applicable child) Eventually, all children will fall into this category

6. 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

7. 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

8. Special Needs Determination:Potential Category • At risk of diagnosis • Benefits • Medicaid • Zero monthly payment • Payment begins the month following diagnosis

9. 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

10. 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

11. 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.

12. 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

13. 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

14. 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

15. 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.

16. 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.

17. 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

18. 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.

19. 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.

20. 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

21. 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/