12.4 Supplemental Security Income (SSI) & Adoption Assistance | CWS
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Georgia Division of Family and Children Services |
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Chapter: |
(12) Adoption Assistance |
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Policy Title: |
Supplemental Security Income (SSI) & Adoption Assistance |
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Policy Number: |
12.4 |
Previous Policy Number(s): |
109.19 |
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Effective Date: |
September 2015 |
Manual Transmittal: |
2015-08 |
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Requirements
The Division of Family and Children Services (DFCS) will determine a child who meets the special needs criteria, as defined in policy 12.1 Adoption Assistance: Eligibility - Adoption Assistance Payments, Medical & Non-Recurring, eligible for adoption assistance benefits when:
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A non-applicable child is determined eligible for Supplemental Security Income (SSI) by the Social Security Administration (SSA); or
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An applicable child is deemed to meet medical or disability eligibility requirements for SSI.
Procedures
Concurrent Adoption Assistance Benefits and SSI Benefits
If the pre-adoptive parent(s) opts for concurrent adoption assistance benefits and SSI, the Social Services Case Manager will:
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Discuss a child’s eligibility for SSI and how it relates to adoption assistance with the adoptive family to include informing the adoptive parent(s) that:
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SSI eligibility is based on income as well as disability and his/her own income will be counted following the finalization of the adoption. SSI may be reduced or terminated due to income or level of disability. Adoption assistance benefits will remain in place for the child as long as the family maintains legal and financial responsibility for the child and other adoption assistance eligibility criteria are met. Unlike SSI, the child’s adoption assistance benefits are not affected by family income or a child’s level of disability.
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The Social Security Administration (SSA) will consider the adoption assistance payment as income for the child who receives SSI benefits. For the child receiving Title IV-E adoption assistance, the SSA will reduce the SSI payments dollar for dollar.
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At the point that an SSI eligible child is approved for adoption assistance benefits and the Adoption Placement Signing (see policy 11.9 Adoption: Adoption Placement Signing) has taken place:
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Inform the SSA in writing (by certified mail) of the amount, funding type (i.e., Title IV-E or state-funded) and start date/duration of adoption assistance payments.
Communicating with the SSA at this point will help to prevent any overpayments and resulting penalties to the pre-adoptive or adoptive parent(s). -
Upload the correspondence with the SSA to External Documentation in Georgia SHINES.
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Decline Adoption Assistance, Choose to Receive SSI Only
If the pre-adoptive parent(s) choose to decline adoption assistance benefits and receive SSI only, the Social Services Case Manager will discuss a child’s eligibility for SSI and how it relates to adoption assistance with the adoptive family to include informing the adoptive parent(s) following the adoption finalization SSI benefits may be reduced or terminated based on the family’s income. Therefore, the adoptive parent(s) should be encouraged to enter into a deferred adoption assistance agreement before the adoption is finalized that will allow the suspension of adoption assistance benefits while receiving SSI. By entering into a deferred adoption assistance agreement the child will remain eligible for adoption assistance benefits to be activated at some future date following renegotiation of the adoption assistance rate.
| If the adoptive parents decide to decline adoption assistance and choose to receive only SSI for the child and an deferred adoption assistance agreement wasn’t executed prior to adoption finalization the child is not eligible to receive adoption assistance benefits, as the child does not meet the special needs eligibility requirements. |
Suspend Adoption Assistance, Choose to Receive SSI Only
If the adoptive parent(s) decide to voluntarily suspend adoption assistance benefits and receive SSI only:
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Submit an adoption assistance application in Georgia SHINES (see policy 12.2 Adoption Assistance: Adoption Assistance Application) indicating the adoptive parents’ choice of SSI and a deferred adoption assistance agreement in the additional comments section;
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Upon approval of the adoption assistance application in Georgia SHINES by the Social Services Administration Unit (SSAU) complete, review and sign the deferred adoption assistance agreement with the pre-adoptive parents (see policy 12.6 Adoption Assistance: Reviewing and Signing the Adoption Assistance Agreement); and
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Upon the request of the adoptive parents, activate adoption assistance benefits by completing a subsequent adoption assistance application, with special need indicated, in Georgia SHINES and submit to the SSAU.
Practice Guidance
If a child in DFCS Custody continues to be eligible for SSI following adoptive placement, the SSI funds and Medicaid card will continue to be sent to the child’s legal county department until adoption finalization. Once the finalization occurs, that agency shall transfer the assignment of benefits to the adopting parent(s) or instruct the family to apply for the transfer.
A family that is adopting a child not in the custody of DFCS should be informed how a child’s SSI eligibility can improve the chances of adoption assistance eligibility. If the child is approved for SSI prior to the finalization of the adoption, the child is automatically eligible for Title IV-E adoption assistance if the child is also determined to meet special needs criteria and the adoption assistance agreement is signed prior to the finalization of the adoption.
When a child is deemed eligible for both SSI and adoption assistance benefits and the adoptive parent(s) choose to suspend adoption assistance benefits and only receive SSI, the adoptive parents can at a later date activate the adoption assistance benefits for that child if SSI benefits are reduced, terminated, or for other reasons. This should not be confused with deferred adoption assistance for a child who didn’t meet the special needs eligibility criteria prior to the Adoptive Placement Signing, in which case the adoptive parents are eligible to reapply for adoption assistance benefits at a later date if significant medical, physical, or mental conditions develop which could render the child eligible for adoption assistance benefits (see policy 12.8 Adoption Assistance: Subsequent Determination – Deferred Adoption Assistance).
Social Security Retirement, Survivors or Disability Insurance (RSDI) funds do not have income eligibility criteria such as SSI benefits. The adoptive family’s income or any other income of the child will not affect ongoing eligibility for RSDI funds. RSDI funds can be received in addition to adoption assistance without a “dollar-for-dollar” reduction.
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.
Deferred Adoption Assistance
If a child does not meet the eligibility criteria of a child with special needs prior to adoptive placement, but has background factors that may lead to significant medical, physical, or emotional problems in the future, a deferred adoption assistance agreement is completed with the pre-adoptive parent(s). If significant medical, physical, or mental conditions develop at a later date, adoption assistance may be instated if it is determined by DFCS these developed conditions meet the special needs eligibility criteria. Deferred Adoption Assistance is only available for DFCS-involved adoptions.