12.5 Negotiating the Adoption Assistance Agreement

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(12) Adoption Assistance

Policy Title:

Negotiating the Adoption Assistance Agreement

Policy Number:

12.5

Previous Policy Number(s):

109.9

Effective Date:

September 2015

Manual Transmittal:

2015-08

Codes/References

Title IV-E of the Social Security Act, Section 473(a)(3)
45 Code of Federal Regulations, Section 1356.40(c)

Requirements

The Division of Family and Children Services (DFCS) will negotiate the adoption assistance rate with the adoptive parent(s). The amount of such payments:

  1. Will take into consideration the circumstances of the adopting parent(s) and the needs of the child being adopted;

  2. May be adjusted periodically with the concurrence of the adoptive parent(s) to reflect changing circumstances; and

  3. Will not exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home.

    The State of Georgia limits the maximum adoption assistance rate to the foster care maintenance payment amount paid for a child in a family foster home at the time of adoptive placement or the foster care maintenance payment amount that would have been paid if the child had been in a family foster home at the time of adoptive placement.
In determining eligibility for adoption assistance payments, there is no income eligibility requirement (means test) for the adoptive parent(s).

Procedures

Social Services Case Manager

  1. Prior to negotiating the adoption assistance agreement, discuss with the prospective adopting parent(s) during the adoptive pre-placement staffing or foster parent consideration staffing (see policy 11.8 Adoption: Adoption Pre-Placement Staffing & Visitation and 11.6 Adoption: Foster Parent Adoption Consideration Evaluation):

    1. The current and future needs of the child;

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

    3. Whether the prospective adoptive parent(s) requires adoption assistance.

  2. Following approval of adoption assistance payments and the indication by the adoptive parent(s) of his/her need for adoption assistance benefits, negotiate the adoption assistance rate by:

    1. Reviewing with the adoptive parent(s) the resources and forms of support that are specifically designated for and available to the child such as:

      1. Social Security Retirement, Survivors and Disability Insurance (RSDI);

      2. Inheritance;

      3. Supplemental security income (SSI);

      4. Veterans Administration (VA) benefits; and

      5. Zebley Funds.

        Any child who has Zebley Funds in a trust account is potentially eligible to receive these funds once the adoption has finalized. Once finalization occurs, the adopting parent(s) shall be notified, in writing, about the availability of these funds and other funds available in the child’s DFCS restricted funds account, and how to access them.

    2. Reviewing with the adoptive parent(s) his/her budget and the potential impact of incorporating the child into the household. Help determine what portion of the cost of the child’s needs the family can meet.

    3. Exploring community resources with the adoptive parent(s), such as mental health services, educational services, public health services, etc. These services may be available to assist the adoptive family with a wide variety of needs related to their adopted child.

    4. Discussing the child’s eligibility for Supplemental Security Income (SSI) with the adoptive parent(s) and the effect adoption assistance payments will have on SSI (see policy 12.4 Adoption Assistance: Supplemental Security Income (SSI) & Adoption Assistance Benefits for the details).

    5. Discussing with the adoptive parent(s) the child’s enrollment in the Health Check program (formerly Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)) and what services can be provided to the child under Medicaid.

      All children for whom adoption assistance is being requested should be enrolled in Health Check before the adoptive placement.

    6. Informing the prospective adoptive parent(s) of his/her potential eligibility for the Federal Adoption Tax Credit.

    The adoption assistance rate can be negotiated by an authorized department representative or the SSCM.

Practice Guidance

Adoption assistance benefits should not be confused with a foster care board rate. The agency representative should explain that adoption assistance benefits are based on the current and projected future levels of functioning of the child and are designed to assist in meeting the cost of providing for the special needs of the child (not covered by Medicaid) that would otherwise have prevented the child from being adopted.

With the understanding, the State of Georgia limits the maximum adoption assistance rate to the foster care maintenance payment amount paid at the time of adoptive placement, the adoption assistance rate must be negotiated with the adoptive family. The use of a means test is prohibited when determining eligibility for adoption assistance and when negotiating the adoption assistance rate. Adoption assistance is not based upon a standard schedule of itemized needs and countable income. Instead, the amount of the adoption assistance payment is determined through the discussion and negotiation process between the adoptive parents and a representative of DFCS based upon the needs of the child and the circumstances of the family. The payment that is agreed upon should combine with the parents’ resources to cover the ordinary and special needs of the child projected over an extended period of time and should cover anticipated needs.

Federal law and regulations do not prohibit a State from having a policy that limits the maximum adoption assistance payments to a level lower than the maintenance payment a child would have received in a foster family home.

Adoption Assistance Agreement

This is a legal and binding agreement between the agency and the pre-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.

Health Check

Health Check Services, formerly Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), is a program of comprehensive health screening, diagnosis, referral and treatment of children under 21 years of age. The goal of the Health Check program is to direct attention to the importance of preventive health services, early detection and treatment of conditions in children before their health problems become chronic or irreversible. Health Check is important because it:

  1. Provides early and regular medical and dental screenings for all Medicaid eligible-children

  2. Identifies treatments that are medically necessary to correct or ameliorate a defect, physical or mental illness or a condition that is identified through a screening examination.

Means Test

This refers to an investigation of a person’s financial resources, made to determine whether that person is eligible for various types of Public Assistance.

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.

Forms and Tools

N/A