12.1 Eligibility - Adoption Assistance Payments, Medicaid & Non-Recurring

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(12) Adoption Assistance

Policy Title:

Eligibility - Adoption Assistance Payments, Medicaid & Non-Recurring

Policy Number:

12.1

Previous Policy Number(s):

109.2 - 109.3, 109.20, 109.15 - 109.16

Effective Date:

August 2018

Manual Transmittal:

2018-08

Codes/References

Title IV-E of the Social Security Act, Section 473
Title IV-E of the Social Security Act, Section 475(8)
Adoption and Safe Families Act of 1997
Adam Walsh Child Protection and Safety Act of 2006
Fostering Connections to Success and Increasing Adoptions Act of 2008
Family First Prevention Services Act of 2018, Part 8, Section 50781

Requirements

The Division of Family and Children Services (DFCS) will make a Title IV-E adoption assistance eligibility determination using the following eligibility criteria:

  1. Eligibility – Applicable Child (effective October 1, 2009)

    1. Beginning in fiscal year 2010, an applicable child is:

      1. a child for whom an adoption assistance agreement is entered into under section 473 during any fiscal year described in 473(e)(1)(B) if the child attained the applicable age pursuant to that paragraph for that fiscal year before the end of that fiscal year; or

      2. a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under section 473 if the child has been in foster care under the responsibility of the State/Tribal agency for at least 60 consecutive months and meets the requirements of paragraph 473(a)(2)(A)(ii); or

      3. a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section without regard to whether the child is described in 473(e)(2)(A) if the child:

        1. is a sibling of a child who is an applicable child for the fiscal year under paragraphs 473(e)(1) or (2); and

        2. is to be placed in the same adoption placement as his/her sibling who is an applicable child for the fiscal year; and

        3. meets the requirements of 473 (a)(2)(A)(ii).

    2. Adoption assistance payments may be made to parents to adopt a child with special needs. In the case of a child who is an applicable child for a fiscal year as defined in 473(e), the child shall not be considered a child with special needs unless:

      1. DFCS has determined, pursuant to established criteria, that the child cannot or should not be returned to the home of his parents; and

      2. Either:

        1. DFCS has determined that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; or

        2. the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and

      3. DFCS has determined that, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of the parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX.

    3. In the case of a child who is an applicable child for the fiscal year as defined in 473(e), adoption assistance payments may be made:

      1. if the child has been determined by DFCS pursuant to section 473(c) to be a child with special needs; and

      2. at the time of initiation of adoption proceedings the child was in the care of a public or licensed private child placement agency or Indian Tribal Organization pursuant to:

        1. an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or

        2. a voluntary placement agreement or voluntary relinquishment; or

      3. meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or

      4. was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to:

        1. an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or

        2. a voluntary placement agreement or voluntary relinquishment; and

      5. has been determined by DFCS, pursuant to subsection 473(c)(2), to be a child with special needs.

    4. In the case of a child who is an applicable child for the fiscal year as so defined in 473(e), the child will be treated as meeting the requirements to receive adoption assistance payments if the child:

      1. meets the requirements of 473(a)(2)(A)(ii)(II); and

      2. is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made); and

      3. is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died.

  2. Eligibility - Non-applicable Child (Currently effective, but beginning October 1, 2009, decreases based on the criteria in 473(e) until July 1, 2024 at which time this authority ends)

    1. Adoption assistance payments may be made to parents who adopt a child with special needs. In the case of a child who is not an applicable child, as defined in 473(e), for a fiscal year, the child shall not be considered a child with special needs unless:

      1. DFCS has determined the child cannot or should not be returned to the home of his or her parents; and

      2. DFCS has first determined that a specific factor or condition exists with respect to the child (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental or emotional disabilities) because of which it is reasonable to conclude that such child cannot be placed for adoption without providing adoption assistance or medical assistance under title XIX; and

      3. a reasonable, but unsuccessful, effort has been made to place the child without providing assistance except where it would be against the best interests of the child due to such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child.

    2. In the case of a child who is not an applicable child for the fiscal year as defined in 473(e), adoption assistance payments may be made if the child has been determined by DFCS pursuant to section 473(c) to be a child with special needs and:

      1. was removed from the home of a relative specified in section 406(a) of the Act (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which federal payments are provided under section 474 (or section 403, as in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and

        1. received AFDC, in that relative’s home, under the state plan approved under section 402 of the Act (as in effect 7/16/96), or would have received AFDC under such plan had application been made, in or for the month the voluntary placement agreement was entered into or court proceedings leading to the judicial determination referred to in section 473(a)(2)(A)(i) were initiated; or

        2. had been living with a relative specified in section 406(a) of the Act within six months before the month in which a voluntary placement agreement was entered into or court proceedings leading to the judicial determination referred to in section 473(a)(2)(A)(i) were initiated and would have received AFDC in that relative’s home under the State plan approved under section 402 of the Act for that month, if in that month the child had been living with such relative and application had been made;

      2. meets all the requirements of Title XVI of the Act with respect to eligibility for supplemental security income benefits; or

      3. is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as provided in section 475(4)(B).

    3. In the case of a child who is not an applicable child for the fiscal year as defined in 473(e), the child will be treated as meeting the requirements to receive adoption assistance payments:

      1. if the child meets the requirements of section 473(a)(2)(A)(i)(II); and

      2. is determined eligible for adoption assistance payments under 473 of the Act with respect to a prior adoption; and

      3. is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died; and

      4. fails to meet the requirements of section 473(a)(2)(A)(i) but will meet such requirements if the child is treated as if the child is in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments under section 473 of the Act and the prior adoption is treated as never having occurred.

  3. Adoption Assistance Payments

    1. Adoption assistance payments are made to adoptive parents who have entered into an adoption assistance agreement with the Title IV-E agency.

    2. In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.

      Georgia DFCS has opted out of the Kinship Guardianship Assistance program and does not offer this form of benefit.

  4. Medicaid

    1. For the purposes of Titles XIX and XX, any eligible child for whom there is an adoption assistance agreement in effect under section 473(a)(2) (whether or not adoption assistance payments are being made) is deemed to be a dependent child as defined in 406 of the Act and is deemed to be a recipient of AFDC under part A of title IV of the Act (as in effect 7/16/96) in the State in which such child resides.

    2. Provides health insurance coverage (through one or more State/Tribal medical assistance programs), with the same type and kind of benefits as those which would be provided for children under title XIX or a comparable medical plan, for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement between DFCS and an adoptive parent or parents, and who DFCS has determined cannot be placed with an adoptive parent or parents without medical assistance due to special needs for medical, mental health or rehabilitative care.

    3. In the event that DFCS provides such coverage through a State/Tribe medical assistance program other than the program under Title XIX, and the State/Tribe exceeds its funding for services under such other program, any such child is deemed to be receiving aid or assistance under the State/Tribal agency plan under this part for purposes of section 1902(a)(10)(a)(i)(1); and in determining cost-sharing requirements, DFCS will take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted to the extent coverage is provided through a State/Tribal medical assistance program, consistent with the rules under such program.

DFCS shall make no Title IV-E payment to parents for a fiscal year with respect to any applicable child year that:

  1. would be considered a child with special needs under 473(c)(2);

  2. is not a citizen or resident of the United States; and

  3. was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

A child that is not a citizen or resident of the U.S. and was adopted outside of the U.S. or brought into the US for the purpose of being adopted may be eligible for adoption assistance payments if the initial adoption of the child by parents is a failure and the child is subsequently placed into foster care.

For the purposes of the Title IV-E adoption assistance program under section 473, the term “child' means:

  1. an individual who has not attained 18 years of age; or

  2. at the option of the State/Tribal agency an individual

    1. with respect to whom an adoption assistance agreement is in effect under section 473 if the individual had attained age 16 before the adoption assistance agreement became effective;

    2. who has attained the age of 18, but has not attained 19, 20, or 21 years of age, as the Title IV-E agency may elect; and

    3. who meets any of the following conditions:

      1. the child is completing secondary education or a program leading to an equivalent credential;

      2. the child is enrolled in an institution which provides post-secondary or vocational education;

      3. the child is participating in a program or activity designed to promote, or remove barriers to, employment;

      4. the child is employed for at least 80 hours per month; or

      5. the child is incapable of doing any of the above described activities due to a medical condition.

DFCS defines a child as an individual who has not yet attained 18 years of age. DFCS does not claim Title IV-E Adoption Assistance for children 18-21 years old. DFCS provides adoption assistance benefits to youth age 18-21 that meet the required eligibility criteria using state funds (see policy 12.10 Adoption Assistance: Adoption Assistance - After Age 18).

DFCS shall make a state-funded adoption assistance eligibility determination using the following eligibility criteria:

  1. The child shall be determined to not be eligible for Title IV-E adoption assistance;

  2. The child is in the permanent custody of DFCS when placed on adoptive status;

  3. The child meets the special needs requirements;

  4. The adoptive placement is in accordance with DFCS policy/guidelines;

  5. A National Criminal Information Data (NCID) background check and child abuse/neglect history must be conducted on:

    1. All prospective adoptive parent(s); and

    2. All other adults living in the adoptive home.

    These must be checked in all states in which the prospective adoptive parent(s) or other adults living in the adoptive home have resided in the last five years.
Parents who have previously surrendered their parental rights or had their parental rights terminated are not eligible for adoption assistance for the child who was the subject of such action.

Procedures

Determine Eligibility for Adoption Assistance Payments

The Revenue Maximization Unit (Rev Max) and the Social Services Administration Unit (SSAU) will make an adoption assistance payment eligibility determination for a:

  1. Child in Permanent Custody of DFCS

    Adoption assistance eligibility determination for a child in the permanent custody of DFCS will be completed after one of the following has occurred but prior to the finalization of the adoption:

    1. The petition for termination of parental rights (TPR) has been filed with the court; or

    2. A voluntary surrender of paternal rights has been obtained and validated.

    The adoption assistance eligibility determination of a child in the permanent custody of DFCS will be based on the following:

    1. Special needs criteria; and

    2. Title IV-E requirements for applicable child or non-applicable child; and if relevant:

    3. State-funded requirements; and

    4. The execution of the adoption assistance agreement prior to adoption finalization.

  2. Child Scheduled To Be Transferred Out of DFCS Custody For Adoption

    Adoption assistance eligibility determination for a child that is scheduled to be transferred out of DFCS custody for the purpose of adoption will be conducted after one of the following has occurred but prior to the transfer of custody to the specified relative:

    1. The petition of termination for parental rights (TPR) has been filed with the court; or

    2. At least one voluntary surrender of paternal rights has been obtained and validated.

    The adoption assistance eligibility determination for a child transferred out of DFCS custody for the purpose of adoption will be based on the following:

    1. Special needs criteria; and

    2. Title IV-E requirements for applicable child or non-applicable child; and

      IV-E eligibility for an applicable child is valid for children in this situation as DFCS continues to provide care in the form of support and monitoring to ensure a successful and timely adoption.

    3. The execution of the adoption assistance agreement prior to adoption finalization.

  3. Private/Independent Adoption

    Adoption assistance eligibility determination for a child involved in a private/independent adoption will be completed after one of the following has occurred but prior to finalization of the adoption:

    1. A petition for adoption finalization has been filed; or

    2. A voluntary surrender of paternal rights has been obtained and validated.

    The adoption assistance eligibility determination for a private/independent adoption will be based on the following:

    1. Special needs criteria; and

    2. Title IV-E requirements for applicable child or non-applicable child; and

    3. The execution of the adoption assistance agreement prior to adoption finalization.

    Private/independent adoptions are not eligible for state-funded adoption assistance.

  4. Foreign/International Adoption

    Adoption assistance eligibility determination for a child involved in a foreign adoption will be completed after one of the following has occurred but prior to finalization of the adoption:

    1. TPR has been granted; or

    2. Verification the child is legally free for adoption.

    The adoption assistance eligibility determination will be based on the following:

    1. Special needs criteria; and

    2. Title IV-E requirements for applicable child or non-applicable child; and

    3. The execution of the adoption assistance agreement prior to adoption finalization.

    Foreign/international adoptions are not eligible for state-funded adoption assistance payments.

Step 1: Determine if a Child is an Applicable or Non-Applicable Child

If the child meets the eligibility criteria of an applicable child, proceed to step 2A.
If the child meets the eligibility criteria of a non-applicable child, proceed to step 2B.

Applicable

To be considered an applicable child the child will meet at least one of the three following requirements:

  1. Minimum Age Requirement – The “applicable child” age requirements apply only to children who will be age two or older by the end of the federal fiscal year (FFY) during which DFCS enters into the adoption assistance agreement with the adoptive parents as demonstrated by the table below:

    In the Case of Fiscal Year: The Applicable Age Is:

    2010

    16

    2011

    14

    2012

    12

    2013

    10

    2014

    8

    2015

    6

    2016

    4

    2017 – 2023

    2

    2024

    2

    (or in the case of a child for whom an adoption assistance agreement is entered into under this section on or after July 1, 2024, any age)

    2025 or Thereafter

    Any Age
    The applicable child table is effective as of January 1, 2018.

  2. Time in Care Requirement - A child who has been in foster care under the responsibility of DFCS for at least 60 consecutive months; the 60 consecutive months is any 60 consecutive months prior to the finalization of the adoption.

    The 60-consecutive-month provision does not include detention facilities or psychiatric hospitals. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed, and payments are made by DFCS for the care of the child, whether adoption assistance payments are being made prior to the finalization of an adoption, or whether there is federal matching of any payments that are made. A child must be in foster care for at least one day of a month. A runaway episode will count toward calculating the 60-consecutive-month period if DFCS retained responsibility for custody of the child during the runaway episode because a child in this situation is considered to be in foster care. Since DFCS considers a child who is on a trial home visit to be in foster care, the trial home visit period count towards calculating the 60-consecutive-month period.

  3. Sibling Requirement - A child who is a sibling of an applicable child (by virtue of age or time in foster care) and is placed in the same adoption arrangement as his/her sibling.

Non-Applicable

This refers to children who do not meet the criteria for the Applicable Child regarding minimum age, time in care and sibling in care.

Step 2A: Determine If the Child Meets the Title IV-E Requirements for Applicable Child

If the child meets the Title IV-E requirements for applicable child, proceed to step 4A.
If the child does NOT meet the Title IV-E requirements for applicable child, proceed to step 3.

To be considered Title IV-E eligible for an applicable child:

  1. The child will meet at least one of the four following Title IV-E applicable eligibility requirements:

    1. The child, at the time of the initiation of adoption proceedings, was in the care of a public or licensed private child placement agency by either:

      1. An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or

      2. A voluntary placement agreement or voluntary surrender of parental rights.

    2. The child meets the medical and disability requirements for Supplemental Security Income (SSI) benefits.

    3. The child was residing in a foster family home or child care institution (CCI) with his/her minor parent and the minor parent was removed from home either by:

      1. An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or

      2. A voluntary placement agreement or voluntary surrender of parental rights.

    4. The child was previously adopted and was determined eligible for Title IV-E adoption assistance in the prior adoption (or would have been found eligible had the Adoption and Safe Families Act of 1997 been in effect at the time of the previous adoption) and is available for adoption based on:

      1. The prior adoption being dissolved and the parental rights of the adoptive parent(s) have been terminated; or

      2. The adoptive parent(s) has died.

        In such an instance, the child may retain eligibility for adoption assistance payments in the subsequent adoption. DFCS only needs to determine that the child is still a child with special needs for the child to be eligible for adoption assistance.

  2. The child is a United States citizen or a resident of the United States; and

  3. The child was not adopted outside of the United States; or

  4. The child was not brought into the United States for the purpose of being adopted; and

    A child who is not a citizen or resident of the United States and was adopted outside of the United States or brought into the United States for the purpose of being adopted may be potentially eligible for adoption assistance payments if the initial adoption of the child by parents is a failure and the child is subsequently placed into foster care.

  5. A National Criminal Information Data (NCID) background check and child abuse/neglect history was conducted on:

    1. All prospective adoptive parent(s); and

    2. All other adults living in the adoptive home.

    These must be checked in all states in which the prospective adoptive parent(s) or other adults living in the adoptive home have resided in the last five years.

    Title IV-E adoption assistance may not be claimed if the prospective adopted parent(s) has a felony conviction for:

    1. Child abuse or neglect;

    2. Spousal abuse;

    3. Crime against children (including child pornography); or

    4. Crime involving violence (including rape, sexual assault, or homicide, but not including other assault and battery).

    In addition, Title IV-E adoption assistance may not be claimed if the prospective adoptive parent has been convicted of the following felonies within the past five years:

    1. Physical assault;

    2. Battery; or

    3. Drug-related offense.

Step 2B: Determine If the Child Meets the Title IV-E Requirements for Non-Applicable Child

If the child meets the Title IV-E requirements for non-applicable child, proceed to step 4B.
If the child does NOT meet Title IV-E requirements for non-applicable child, proceed to step 3.

To be considered Title IV-E eligible for a non-applicable child:

  1. The child will meet at least one of the four following Title IV-E non-applicable eligibility requirements:

    1. The child was removed from the home of a specified relative[1] (defined as any relation by blood, marriage or adoption who is within the fifth degree of kinship to the child) and placed in foster care through a voluntary placement agreement and the child was eligible and received Title IV-E foster care maintenance payments or the child was removed from the home pursuant to a judicial determination and the determination indicates that continuation in the home would be contrary to the welfare of the child; and

      1. At the time of the child’s removal the child received AFDC[2]; or

      2. At the time of the removal the child would have received (qualified for) AFDC had an application been made in the month or for the month the child was removed from the home; or

      3. If the child resided in the home of the specified relative[3] (defined as any relation by blood, marriage or adoption who is within the fifth degree of kinship to the child) at some point during the six months prior to the removal and would have received (qualified for) AFDC in or for the month of the removal (if the child had been living with the parent or legal guardian) and an application for AFDC had been made.

    2. The child meets all the eligibility requirements for SSI, as determined by the Social Security Administration.

      Only a designated Social Security Administration claims representative can determine SSI eligibility and can provide the appropriate eligibility documentation to DFCS.

    3. The costs for the child in a foster family home or child care institution are covered by Title IV-E foster care maintenance payments being made on behalf of the minor parent of the child.

    4. The child was previously adopted and was determined eligible for Title IV-E adoption assistance in the prior adoption and is available for adoption based on:

      1. The prior adoption has been dissolved (parental rights of the adoptive parents have been terminated or relinquished); or

      2. The child’s adoptive parents have died; and

      3. The child fails to meet the Title IV-E criteria of a non-applicable child but would meet such requirements if the child is treated as if the child was in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments and the prior adoption is treated as never having occurred.

  2. A National Criminal Information Data (NCID) background check and child abuse/neglect history was conducted on:

    1. All prospective adoptive parent(s); and

    2. All other adults living in the adoptive home.

    These must be checked in all states in which the prospective adoptive parent(s) or other adults living in the adoptive home have resided in the last five years.

    Title IV-E adoption assistance may not be claimed if the prospective adopted parent(s) has a felony conviction for:

    1. Child abuse or neglect;

    2. Spousal abuse;

    3. Crime against children (including child pornography); or

    4. Crime involving violence (including rape, sexual assault, or homicide, but not including other assault and battery).

    In addition, Title IV-E adoption assistance may not be claimed if the prospective adoptive parent has been convicted of the following felonies within the past five years:

    1. Physical assault;

    2. Battery; or

    3. Drug-related offense.

Step 3: Determine if the Child Meets the Eligibility Criteria for State Funded Adoption Assistance

If the child meets the eligibility criteria for state funded, proceed to step 4A for an applicable child and 4B for a non-applicable child.
If the child does NOT meet the eligibility criteria for state funded, child is not eligible for adoption assistance.

To be considered eligible for state-funded adoption assistance, the child will meet the following eligibility criteria:

  1. The child shall be determined to not be eligible for Title IV-E adoption assistance; and

  2. The child is in the permanent custody of DFCS when placed on adoptive status; and

  3. The adoptive placement is in accordance with DFCS policy/guidelines.

  4. A National Criminal Information Data (NCID) background check and child abuse/neglect history must be conducted on:

    1. All prospective adoptive parent(s); and

    2. All other adults living in the adoptive home.

    These must be checked in all states in which the prospective adoptive parent(s) or other adults living in the adoptive home have resided in the last five years.

    State funded adoption assistance may not be claimed if the prospective adopted parent has a felony conviction for:

    1. Child abuse or neglect;

    2. Spousal abuse;

    3. Crime against children (including child pornography); or

    4. Crime involving violence (including rape, sexual assault, or homicide, but not including other assault and battery).

    In addition, state-funded adoption assistance may not be claimed if the prospective adoptive parent(s) has been convicted of the following felonies within the past five years:

    1. Physical assault;

    2. Battery; or

    3. Drug-related offense.

Step 4A: Determine Whether an Applicable Child Meets Special Needs Criteria

If the applicable child meets the criteria for special needs, the child is eligible for adoption assistance.
If the applicable child does NOT meet criteria for special needs, the child is NOT eligible for adoption assistance.

To be considered a child with special needs, the child will meet the following special needs criteria:

  1. The child cannot or should not be returned to the home of his/her parent(s). This decision is based on the following:

    1. An order from a court of competent jurisdiction terminating parental rights;

    2. The existence of a petition for termination of parental rights;

    3. A voluntary surrender of parental rights for a child; or

    4. In the case of an orphan, verification of the death of the parent(s).

  2. A reasonable, but unsuccessful, effort has been made by DFCS to place the child with adoptive parent(s) without providing adoption assistance or medical assistance.

    Unless such an effort is not in the best interest of the child for reasons including the placement with a relative or another person with whom the child has established significant emotional ties.

  3. The child has at least one of the factors or conditions listed below which makes it reasonable to conclude that the child cannot be placed with adoptive parent(s) without providing adoption assistance:

    1. The child has been in the care of a public or private agency or individual other than the legal or biological parent for more than 24 consecutive months.

      The 24 consecutive months is calculated by counting backwards from the date of the special needs determination request to the date of the child’s most recent removal/departure from the legal/biological parent(s) care. If the number of consecutive months that the child was not in the care of the legal/biological parent(s) meets or exceeds 24 months and can be verified, the criterion is met. The criterion can be met even if the child spent time in different custody or placement types during that time (noncustodial relative/individual, custodial relative/individual, DHS custody, etc.) as long as the child did not return to the legal/biological parent(s) care during the consecutive (24-month period.

    2. The child has a physical, mental or emotional disability, as validated by a licensed physician or psychologist.

    3. The child is a member of a sibling group of two or more placed in the same home. To meet the sibling group criterion, members of the sibling group will be:

      1. Placed for purpose of adoption by signing Placement Agreement(s); or

      2. Transferred out of DHS permanent or temporary custody into the permanent custody of a relative/individual for the purpose of adoption by court order; or

      3. Adopted in a private/independent adoption, where the adoption has been finalized.

      Siblings are not required to be placed for adoption at the same time. A second sibling may be placed into the same home as a previously placed sibling and thus meet the above special needs criteria. However, if the previously placed sibling was not determined to meet special needs criteria; he/she would not become eligible based on the second sibling being placed in the same home at a later time. He/she would remain non-special needs. Siblings who are in a placement type other than an adoptive placement type (i.e., guardian/relative care) do not meet the requirements of this criterion.

    4. The child meets the medical or disability requirements for Supplemental Security Income (SSI).

Step 4B: Determine Whether a Non-Applicable Child Meets Special Needs Criteria

If the non-applicable child meets the criteria for special needs, the child is eligible for adoption assistance.
If the non-applicable child does NOT meet criteria for special needs, the child is NOT eligible for adoption assistance.

To be considered a child with special needs, the child will meet the following special needs criteria:

  1. The child cannot or should not be returned to the home of his parent(s). This decision is based on the following:

    1. An order from a court of competent jurisdiction terminating parental rights;

    2. The existence of a petition for termination of parental rights;

    3. A voluntary surrender of parental rights for a child; or

    4. In the case of an orphan, verification of the death of the parent(s).

  2. A reasonable, but unsuccessful, effort has been made by DFCS to place the child with adoptive parent(s) without providing adoption assistance or medical assistance.

    Unless such an effort is not in the best interest of the child for reasons including the placement with a relative or another person with whom the child has an established significant emotional ties.

  3. The child has at least one of the factors or conditions listed below which makes it reasonable to conclude that the child cannot be placed with adoptive parent(s) without providing adoption assistance:

    1. The child has been in the care of a public or private agency or individual other than the legal or biological parent for more than 24 consecutive months.

      The 24 consecutive months is calculated by counting backwards from the date of the special needs determination request to the date of the child’s most recent removal/departure from the legal/biological parent(s). If the number of consecutive months that the child was not in the care of the legal/biological parent(s) meets or exceeds 24 months and can be verified, the criterion is met. The criterion can be met even if the child spent time in different custody or placement types (noncustodial relative/individual, custodial relative/individual, DHS custody, etc.) during that time as long as the child did not return to the legal/biological parent(s) during the consecutive 24-month period.

    2. The child has a physical, mental or emotional disability, as validated by a licensed physician or psychologist.

    3. The child is a member of a sibling group of two or more placed in the same home. To meet the sibling group criterion members of the sibling group will be:

      1. Placed for purpose of adoption by signing Placement Agreement(s); or

      2. Transferred out of DHS permanent or temporary custody into the permanent custody of a relative/individual for the purpose of adoption by court order; or

      3. Adopted in a private/independent adoption, where the adoption has been finalized.

      Siblings are not required to be placed for adoption at the same time. A second sibling may be placed into the same home as a previously placed sibling and thus meet the above special needs criteria. However, if the previously placed sibling was not determined to meet special needs criteria; he/she would not become eligible based on the second sibling being placed in the same home at a later time. He/she would remain non-special needs. Siblings who are in a placement type other than an adoptive placement type (i.e., guardian/relative care) do not meet the requirements of this criterion.
If it is determined a child does not meet the special needs criteria but has identified background factors, a deferred application/agreement can be completed, which will allow for a future request for state-funded adoption assistance benefits should the child develop a physical, mental, and/or emotional disability, as validated by a licensed physician or psychologist. Only DFCS involved adoptions are eligible for deferred applications/agreements (see policy 12.8 Adoption Assistance: Subsequent Determinations - Deferred Adoption Assistance Agreements for the procedures on requesting adoption assistance at a later date).

Determine Eligibility for Medical Coverage

A child who is determined to be eligible for adoption assistance payments is eligible to receive medical coverage under Medicaid whether funded through Title IV-E or state funds. Adoption assistance medical coverage is only available for a child who is eligible for adoption assistance payments; adoption assistance medical coverage cannot be applied for as a stand-alone benefit.

Annual redetermination of Medicaid is required in the above circumstances (see policy 12.12 Adoption Assistance: Adoption Assistance Medicaid).
All children will continue to receive Medicaid through foster care until the adoption is finalized.

Determine Eligibility for Non-Recurring Only Adoption Assistance

The Social Services Administration Unit (SSAU) will make a non-recurring adoption assistance eligibility determination using the same timeframes as discussed above in "Determine Eligibility For Adoption Assistance Payments". The eligibility criteria for non-recurring only adoption assistance is the following for all children:

  1. The child must be determined to be a child that meets the special needs criteria (outlined in steps 4A and 4B) by the SSAU prior to the finalization of the adoption.

  2. The non-recurring adoption assistance agreement is fully executed prior to the finalization of the adoption.

  3. The non-recurring adoption assistance payment will be made within two years of the adoption finalization.

If the child has been approved for adoption assistance payments, the adoptive parent(s) is automatically eligible to receive non-recurring adoption assistance.
A child who does not qualify for adoption assistance payments due to not being Title IV-E eligible may be potentially eligible for “non-recurring” adoption assistance if he/she is determined “special needs” by the SSAU.

Practice Guidance

Adoption assistance is available for adoptive families when specific eligibility requirements are met. Adoption assistance is funded by either Title IV-E (federal) or state funds and includes:

  1. Adoption assistance payments;

  2. Medicaid; and

  3. Non-recurring payment.

Adoption assistance payments are monthly payments made by DFCS to the pre-adoptive family or adoptive family on behalf of an eligible child. The adoption assistance payment is not considered a board rate; rather it is designed to assist the adoptive family in covering the ordinary and special needs of the child over an extended period. The adoption assistance rate shall be based on the child’s current level of functioning, diagnosis, current treatment services and prognosis (future treatment needs). The amount of the adoption assistance payment cannot exceed the amount the child received or would have received in a family foster home if the child was in foster care. When a child is determined eligible for adoption assistance payments, the child is also eligible for medical coverage under Medicaid and non-recurring adoption assistance.

Non-recurring adoption assistance is a one-time payment up to $1,500 per child, which DFCS will pay to an adoptive family to assist with the reasonable and necessary adoption fees, court costs, attorney fees and other expenses directly related to the legal adoption of a child with special needs. This may include the following expenses:

  1. The cost for travel/lodging and food during pre-placement visitation based on the current state rates;

  2. The cost of physicals for the adoptive parents required for the adoption assessment (medicals for other family members or for updates are not included); and

  3. Legal/court fees.

Non-recurring adoption assistance may be available as a result of the approval of adoption assistance payments or as a stand-alone benefit where adoption assistance payments are either not approved or not sought, but the child meets the special needs criteria. Eligibility for all categories of adoption assistance is directly related to the child meeting the special needs criteria. Adoption assistance payments are not exclusive to children in the care, custody and/or oversight of DFCS.

Title IV-E adoption assistance program is intended to provide permanency for children with special needs in public foster care by assisting states in providing ongoing financial and medical assistance to the families who adopt them. As a result, the requirements for Title IV-E adoption assistance eligibility are geared to needy children in public child welfare systems and are difficult to apply to children who are adopted from abroad. Therefore, it is highly improbable that children who are adopted abroad by U.S. citizens, or are brought into the U.S. from another country for the purpose of adoption, will meet the criteria for Title IV-E adoption assistance.

Parents who have previously surrendered their parental rights or had their parental rights terminated are not eligible for adoption assistance for the child who was the subject of such action.

Adoptive Status

Adoptive status is the point when a child is legally free to be adopted, an adoptive resource has been identified, physical adoptive placement has occurred and the adoptive resource has committed to be the child’s adoptive parent(s) by signing the placement agreement(s). Placing a child on adoptive status signals recruitment procedures should be halted as a potential adoptive resource has been located for the child.

Adoption (Private/Independent)

There are four types of private/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 and Safe Families Act of 1997

Public Law 105-89 enacted by the Senate and House of Representative of the United States Congress on November 19, 1997, to promote the adoption of children in foster care. This act amended Title IV-E of the Social Security Act.

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 required signatures (adoptive parent(s), County Director/Designee and authorized department representative) and dates obtained.

Aid to Families with Dependent Children (AFDC)

Aid to Families with Dependent Children is a program administered and funded by federal and state governments to provide financial assistance to needy families. The AFDC program was in effect from 1935 to 1996. This cash benefit is often referred to simply as "welfare." AFDC was replaced by Temporary Assistance for Needy Children (TANF). TANF provides assistance and work opportunities to needy families.

Child Care Institution (CCI)

Child care institutions provide care, supervision and oversight in a residential setting, including neighborhood-based group homes, campus-based arrangements and self-contained facilities.

DFCS Involved Transfer of Custody for the Purpose of Adoption

Refers to children who were either:

  1. Placed from the temporary custody of DFCS into the permanent custody of a specified relative/individual “for the purpose of adoption” at a DFCS-initiated TPR Hearing where all parental rights were terminated; or

  2. Placed directly from the permanent custody of DFCS (where all parental rights have been terminated) into the permanent custody of a specified relative/individual “for the purpose of adoption” as specifically indicated by the court order at a DFCS-initiated court hearing.

Licensed Treatment Provider

This refers to a licensed psychologist, psychiatrist, therapist or physician who has evaluated and/or treated the child.

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.

Sibling

A sibling is an individual with whom a child shares one or both parents in common by blood, adoption or marriage, even if the marriage was terminated by death or dissolution. Such an individual shall still be considered a sibling of the child following termination of parental rights (TPR) up until a finalized adoption occurs. Such an individual shall also still be considered a sibling of the child following the death of their common parent(s).

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 relationship 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 Placement Agreement (VPA)

A written binding agreement between DFCS and the parents/guardians of a minor child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child and DFCS while the child is in placement. The agreement grants DFCS placement authority for a child that does not otherwise meet the criteria for being a deprived child. Usually, the child is placed due to a family crisis that is intended to be temporary in nature.

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

1. Specified in section 406(a) of the Act (as in effect on July 16, 1996).This includes great-great-great grandparents and first cousins once removed (children of first cousins). Accordingly, for the purpose of determining Title IV-E eligibility, any otherwise eligible child who is removed from the home of a relative who is within the fifth degree of kinship to the child will be eligible for assistance under Title IV-E.
2. Under section 402 of the Social Security Act, as in effect July 16, 1996
3. Specified in section 406(a) of the Act (as in effect on July 16, 1996)