2.3 Adoption Assistance Case Records

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(2) Information Management

Policy Title:

Adoption Assistance Case Records

Policy Number:

2.3

Previous Policy Number(s):

109.7, 109.26, 109.16

Effective Date:

December 2016

Manual Transmittal:

2016-15

Codes/References

N/A

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Maintain a separate Georgia SHINES adoption assistance case for each child receiving adoption assistance;

  2. Maintain adoption assistance case records in a secure environment;

  3. Maintain the adoption assistance case records for five years following the last payment of adoption assistance benefits;

  4. Include in each Georgia SHINES adoption assistance case record, content and documentation that supports the decision to approve, defer or deny adoption assistance payments aligned with federal and state policy; and

  5. Gather information on each adoption assistance case to comply with internal and federal reporting requirements.

Procedures

Adoption Assistance Application - Case Content Requirements

The Social Services Case Manager (SSCM) or regional Post Adoption (PAD) Manager will maintain a Georgia SHINES adoption assistance application case for each child that includes the following:

  1. Special needs determination:

    1. The special needs determination completed by the SSAU; or

    2. The previously used Special Needs Memorandum.

  2. Specialized rate (if applicable):

    1. Adoption assistance specialized rate request determination completed by the SSAU; or

    2. The previously used Specialized Rate Memorandum.

  3. Title IV-E or state-funded adoption funding type determination completed by the Revenue Maximization Unit (Rev Max):

    1. Title IV-E eligibility in Georgia SHINES on the Adoption Assistance Funding Summary screen; or

    2. Title IV-E eligibility documentation on other previously used DFCS form.

    Rev Max will also maintain the documentation that supports the Title IV-E or Title state-funded determination.

  4. Supplemental Security Income (SSI):

    1. Copy of the award letter;

    2. Proof of denial (if applied); or

    3. Some verification of eligibility.

  5. A written adoption assistance narrative, which documents whether the child meets the special needs criteria requirements. See policy 12.1 Adoption Assistance: Eligibility - Adoption Assistance Payments, Medicaid & Non-Recurring for a complete list of the special needs criteria requirements.

  6. Supporting documentation used in determining the child met the special needs requirements. See policy 12.2 Adoption Assistance: Adoption Assistance Application for a complete list of the supporting documents required for a special needs determination.

  7. Documentation of the negotiation of the adoption assistance rate with the adoptive parent(s), including:

    1. The discussion of the child’s needs;

    2. The family’s resources to meet the needs; and

    3. The negotiated rate.

    See policy 12.5 Adoption Assistance: Negotiating Adoption Assistance Agreement for a complete list of requirements for negotiating the adoption assistance rate.

  8. Documentation of any income available to the child such as Social Security Retirement, Survivors or Disability Insurance benefits (RSDI), inheritance, etc.

Post Approval Adoption Assistance - Case Content Requirements

The SSCM or regional Post Adoption (PAD) Manager will maintain a Georgia SHINES post approval adoption assistance case for each child that includes the following:

  1. All documents listed in the above Adoption Assistance Application - Case Content Requirements section.

  2. Fully executed adoption assistance agreement.

  3. Adoption Assistance Memorandum:

    1. Initiating benefits (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits);

    2. Requesting the name change of the adopted child and initiating adoption assistance Medicaid following adoption finalization (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits);

    3. Requesting payment of non-recurring funds following adoption finalization (with invoices/bills) (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits); and

    4. Indicating status changes regarding adoptive parent(s) moves, eligibility past age 18 and change in funding type to state-funded, renegotiated rate, termination of benefits, etc.

  4. Documented proof of notification to Social Security Administration of approval of adoption assistance (if applicable).

  5. Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits signed by the pre-adoptive parent(s) (see policy 12.6 Adoption Assistance: Reviewing and Signing the Adoption Assistance Agreement).

  6. Post adoption services:

    1. Past request for special services such as respite, child care, funds for orthodontics, or medical treatment:

      1. Approval; or

      2. Denial; and

      3. Signed Special Services Adoption Assistance Agreements.

    2. Current requests for special services:

      1. Supporting documentation; and

      2. Approval/denial.

    3. Request for crisis intervention services:

      1. Referral form; and

      2. Approval/denial.

  7. Annual Medicaid Redetermination Information Update form (see policy 12.12 Adoption Assistance: Adoption Assistance Medicaid).

  8. Ongoing verification of eligibility for adoption assistance - quarterly verification of full-time attendance in high school or college/technical school for children over 18.

  9. Documentation that required information has been sent to SSAU, Rev Max, Regional Accounting, etc. through fax confirmations, e-mails, case notes, etc.

  10. Correspondence to the adoptive parent(s) concerning adoption assistance benefits.

Non-Recurring ONLY Application - Case Content Requirements

The SSCM will maintain a Georgia SHINES non-recurring only adoption assistance case for each child that includes the following:

  1. Special needs determination:

    1. The special needs determination completed by the SSAU; or

    2. The previously utilized Special Needs Memorandum; and

    3. A written adoption assistance narrative, which documents that the adoption meets the special needs criteria requirements.

  2. Supporting documentation used in determining the child met the special needs requirements. See policy 12.2 Adoption Assistance: Adoption Assistance Application for a complete list of the supporting documents required for a special needs determination.

  3. Proof of child being legally free to be adopted for private/independent adoptions and international adoptions; a copy of the court order which terminates parental rights.

  4. The Non-Recurring Only Adoption Assistance Agreement with all required signatures dated prior to the finalization of the adoption.

  5. Adoption decree (court order).

  6. Adoption Assistance Memorandum indicating (see policy 11.14 Adoption: Finalizing Adoption and 12.13 Adoption Assistance: Status Changes):

    1. Date of finalization;

    2. Amounts of non-recurring benefits to be paid after finalization; and if applicable

    3. AFCARS section fully completed (if not completed in Georgia SHINES).

  7. Copy of invoices/receipts for legal fees and/or expenditures reimbursed with the non-recurring funds.

Deferred Adoption Assistance - Case Content Requirements

The SSCM will maintain a Georgia SHINES deferred adoption assistance case for each child that includes the following

  1. All documents listed in the above adoption assistance application/special needs request determination documentation section.

  2. Fully executed adoption assistance agreement indicating the “deferral” of adoption assistance.

  3. The Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits form signed by the pre-adoptive parent(s).

  4. Any documentation of future requests for adoption assistance must also be included in the case record (see policy 12.8 Adoption Assistance: Subsequent Determinations - Deferred Adoption Assistance).

Practice Guidance

The adoption assistance case is to be maintained by the county department following finalization of the adoption so information will be available for the ongoing management of adoption assistance benefits. Adoption assistance cases contain confidential information of a child whose adoption has been finalized and must be keep secure. The adoption assistance records will contain documentation of the Rev Max Title IV-E determination, but court orders and other information used by Rev Max to make their Title IV-E determination are not to be maintained in the adoption assistance records.

A child who have been approved for adoption assistance payments is automatically approved for non-recurring funds and the adoption Assistance Agreement serves as the agreement for all adoption assistance benefits. The adoption assistance case record documentation includes the necessary documentation for non-recurring adoption assistance.

Adoption (Private/Independent)

There are four types of independent adoptions.

  1. Non-Relative (Third Party) - Adoption of a child usually arranged by an attorney, physician or other individual with the direct involvement of the biological parents; if the child or adoptive parents reside in another state, the provisions of the Interstate Compact on the Placement of Children must be followed.

  2. Relative - Adoption of a child by a relative as defined as any relation by blood, marriage or adoption.

  3. Step-Parent - Adoption of a child by the spouse of one of the birth/legal parents where the other birth/legal parent is deceased or his/her parental rights have been terminated either voluntarily or by court action.

  4. Confirming Adoption (Domestication of Foreign Decree) - Adoption of a child who has already been adopted in a foreign country. The purpose being to secure a decree in the United States, which entitles the child to a Georgia birth certificate.

Adoption Assistance Agreement

This is a legal and binding agreement between the agency and the adoptive parent(s) regarding adoption assistance benefits. It establishes types, duration, amount(s) of benefits, and other agreed upon stipulations. A fully executed adoption assistance agreement refers to an adoption assistance agreement that was negotiated with the adoptive parent(s); reviewed and discussed with the adoptive parent(s); and all the required signatures and dates were obtained.

Petition to Terminate Parental Rights

A formal application filed in writing with the court that requests action and deliberation on terminating rights of a parent. The petition includes facts and grounds for the court to consider in a future hearing regarding termination of parental rights.

Supplemental Security Income (SSI)

Supplemental Security Income is a monthly benefit for persons who are disabled or who have functional limitations as determined by the Social Security Administration.

Termination of Parental Rights (TPR)

Termination of Parental Rights is the process for severing all legal rights between a child and his/her parent, except the right of the child to receive child support from his/her parent and inherit from and through his/her parent until a final order of adoption is entered. The child shall maintain the right to pursue any civil actions against his/her parent. The relationships between the child and his/her siblings and extended family remain intact until terminated by final order of adoption. Court orders terminating parental rights shall be without limit as to duration.

Voluntary Surrender of Parental Rights

This refers to when the legal parent(s) of a child relinquishes his/her rights and obligations to his/her child or children. A validated voluntary surrender of parental rights is where the 10-day revocation period has expired.

Forms and Tools

N/A