12.6 Reviewing and Signing the Adoption Assistance Agreement | CWS
Georgia Division of Family and Children Services |
||||
Chapter: |
(12) Adoption Assistance |
|||
Policy Title: |
Reviewing and Signing the Adoption Assistance Agreement |
|||
Policy Number: |
12.6 |
Previous Policy Number(s): |
109.10, 109.11 |
|
Effective Date: |
September 2018 |
Manual Transmittal: |
Codes/References
Title IV-E of the Social Security Act, Section 475(3)
Title IV-E of the Social Security Act, Section 475(3)(b)
Title IV-E of the Social Security Act, Section 473(a)(4)
Title IV-E of the Social Security Act, Section 473(b)
Title IV-E of the Social Security Act, Section 471(a)(33)
45 Code of Federal Regulations, Section 1356.40(b)(1-3)
45 Code of Federal Regulations, Section 1356.40(d)
Requirements
The Division of Family and Children Services (DFCS) will:
-
Enter into the Adoption Assistance Agreement [a written agreement, binding on all parties, between DFCS, other relevant agencies, and the prospective adoptive parents]. The Adoption Assistance Agreement will meet the requirements of section 475(3) of the Social Security Act as stated below:
-
Is signed by the adoptive parent(s) and a representative of DFCS and is in effect before Adoption Assistance payments are made under title IV-E, but no later than the finalization of the adoption;
-
Specify:
-
The duration of the agreement;
-
The amount of the Adoption Assistance payments (if any) and the nature and amount of any other payments, services and assistance to be provided (including non-recurring adoption expenses in agreements for expenditures incurred by the parents);
-
The child’s eligibility for title XIX and title XX;
-
That the agreement remains in effect regardless of the State or Tribal service area of residence of the adoptive parent(s);
-
-
Contains provisions for the protection of the interests of the child in case the adoptive parent(s) and child should move to another State or out of DFCS service area while the agreement is in effect; and
-
If a needed service specified in the agreement is not available in the new State or Tribal service area of residence, DFCS remains financially responsible for providing the specified service(s).
-
-
Inform every individual who is adopting or who DFCS is made aware is considering adopting a child who is in foster care under the responsibility of DFCS of the potential eligibility for a federal tax credit under section 23 of the Internal Revenue Code of 1986.
The Interstate Compact on the Placement of Children (ICPC) may be required, if the adopting family resides in another state and a face-to-face contact is not possible (see policy 11.18 Adoption: Placement of a Georgia Child into another State For the Purpose of Adoption). |
Procedures
Adoption Assistance Agreement
The Social Services Case Manager (SSCM) will:
-
Add, launch and print the Adoption Assistance Agreement using the most recent approved Adoption Assistance Application in the 2nd level tab Adoption Assistance Agreement in Georgia SHINES.
-
For a child in the permanent custody of DFCS add, launch and print the Adoption Assistance Agreement in the ADO stage on the same date as the Adoption Placement Signing (see policy 11.9 Adoption: Adoption Placement Signing).
-
For a child transferred out of the custody of DFCS for purpose of adoption within 14 business days of the receipt of the transfer of custody court order and prior to finalization:
-
Close out the ADO stage following the transfer of custody to the relative or third party for the purpose of adoption using the closure reason:
-
Custody to relative for the purpose of adoption; or
-
Custody to a third party for the purpose of adoption.
-
-
Generate a child protection services (CPS) intake and link the child to the new CPS Intake.
For the adoption assistance eligibility determination to pre-populate from the ADO stage into the new PAD stage, the child will be associated to the CPS intake using the same Personal Identification that was used in the closed ADO stage. -
Stage progress the CPS intake to the PAD stage.
-
Attach the Adoption Assistance Agreement to the non-incident Adoption Assistance Application in the PAD stage.
-
Launch and print the adoption assistance agreement.
-
-
For a child involved in a private/independent adoption add, launch and print the Adoption Assistance Agreement in the PAD stage prior to adoption finalization.
-
-
Review and discuss each section of the Adoption Assistance Agreement with the pre-adoptive parent(s), where applicable, including:
-
The negotiated adoption assistance rate;
For deferred adoption assistance inform the adoptive parent(s) that no benefits have been approved, however they have the right to contact the county DFCS office for a subsequent determination of special needs if documented medical, physical, mental or emotional/behavioral conditions arise that may render the child eligible for state funded adoption assistance benefits. -
The child’s eligibility for Medicaid, the choice to utilize Medicaid alone or in conjunction with other insurance, and the choice of whether to be enrolled in Georgia Families 360˚ or fee-for-service Medicaid;
Inform the adoptive parent(s) the Medicaid card will be in the child’s birth name until the adoption is finalized. When the adoption is finalized, a new Medicaid card will be generated with the child’s legal name. -
Duration of benefits:
-
The effective date and the termination date of the adoption assistance agreement;
-
The requirement that the family notify DFCS whenever there is a change in status that may affect the child’s continued eligibility for adoption assistance;
-
The potential eligibility of a child to receive adoption assistance benefits beyond age 18 (see policy 12.10 Adoption Assistance: Adoption Assistance Benefits - After Age 18 for eligibility factors).
-
-
Continuation of adoption assistance benefits if they relocate to another state.
-
The adoption assistance payments will only be provided to the adoptive parent(s) who is a party to the Adoption Assistance Agreement with DFCS.
An adoptive parent who is not party to the current agreement, but whose spouse was party to the agreement, may become party to the agreement by signing the agreement prior to finalization or by signing an amendment to the agreement after adoption finalization. Proof of marriage and adoption must be provided for the adoption assistance record. -
In the event of a divorce, the divorce decree must identify who is to receive the adoption assistance subsidy;
-
Conditions under which the adoption assistance rate may be decreased or increased after the Adoption Assistance Agreement is signed;
-
Description of the fair hearing process (see policy 17.16 Legal: Fair Hearings for further information); and
-
Circumstances in which adoption assistance benefits may be terminated.
-
-
Obtain the signature(s) of the pre-adoptive parent(s) on the Adoption Assistance Agreement prior to finalization:
-
For a child in DFCS permanent custody, obtain the signature(s) of the pre-adoptive parent(s) during the Adoption Placement Signing following the adoptive parent(s) signing the Placement Agreement (see policy 11.9 Adoption: Adoption Placement Signing).
-
For a child transferred out of the custody of DFCS for the purpose of adoption, obtain the signature(s) of the pre-adoptive parent(s) within 14 business days of the receipt of the transfer of custody court order and prior to adoption finalization.
-
For a child involved in a private/independent adoption, obtain the signature(s) of the pre-adoptive parent(s) prior to adoption finalization.
-
-
Sign the Adoption Assistance Agreement or obtain the signature of the authorized DFCS county representative (based on county protocol).
-
Provide the pre-adoptive parent(s) a Post Adoption Services/Adoption Assistance Benefits Handout with information regarding post adoption services, Georgia State Adoption Tax Credit and Federal Adoption Tax Credit.
-
Obtain the signature(s) of the pre-adoptive parent(s) on the Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits indicating the receipt of the Post Adoption Services/Adoption Assistance Benefits Handout.
-
Submit the Adoption Assistance Narrative and the Adoption Assistance Agreement to the Director/Designee for review and approval.
-
Provide a copy of the completed and signed Adoption Assistance Agreement to the pre-adoptive parent(s).
All required signatures, including the County Director/Designee, will be obtained prior to providing the adoptive parent(s) his/her copy. -
Upload the fully completed and signed Adoption Assistance Agreement, the signed Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits, and the Adoption Assistance Narrative into Georgia SHINES External Documentation.
-
Initiate the adoption assistance benefits (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits).
The County Director/Designee will:
-
Review the Adoption Assistance Narrative and the Adoption Assistance Agreement.
-
Sign the Adoption Assistance Agreement when satisfied with the information provided.
Non-Recurring Only Adoption Assistance Agreement
The SSCM will:
-
Launch the one-page non-recurring only Adoption Assistance Agreement from the 2nd level tab Adoption Assistance Application in Georgia SHINES. The non-recurring only Adoption Assistance Agreement must be created in Georgia SHINES only.
-
Review and discuss each section of the non-recurring Adoption Assistance Agreement with the adoptive parent(s):
-
Reimbursement cannot exceed $1500 per child;
-
Reimbursement is paid after the finalization of the adoption; and
-
Reimbursement will only be paid within two years of the finalization of the adoption;
-
Non-recurring payments will be made either to the adoptive parent(s) or to the provider(s) with prior written approval.
-
-
Obtain the signature(s) of the pre-adoptive parent(s) on the Adoption Assistance Agreement prior to finalization.
-
Sign the Adoption Assistance Agreement or obtain the signature of the authorized DFCS county representative (based on county protocol).
-
Obtain all additional required signatures on the non-recurring only Adoption Assistance Agreement prior to the finalization of the adoption.
-
Submit the non-recurring only Adoption Assistance Agreement and the Adoption Assistance Narrative form to the Director/Designee for review and approval.
-
Provide a copy of the completed and signed Adoption Assistance Agreement to the pre-adoptive parent(s).
All required signatures, including the County Director/Designee, will be obtained prior to providing the adoptive parent(s) his/her copy. -
Upload the signed non-recurring only Adoption Assistance Agreement into Georgia SHINES External Documentation.
-
Initiate the adoption assistance benefits (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits).
The County Director/Designee will:
-
Review the Adoption Assistance Narrative and the non-recurring only Adoption Assistance Agreement.
-
Sign the non-recurring only Adoption Assistance Agreement when satisfied with the information provided.
Practice Guidance
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.
All required parties must sign and date the Adoption Assistance Agreement to indicate agreement with the assigned benefits prior to adoption assistance payments beginning. All signatures must be in place within 30 days of the adoption placement date and prior to finalization. For the children in the permanent custody of DFCS, the signing of the Adoption Assistance Agreement will be coordinated with the Adoption Placement Signing. For children not in the permanent custody of DFCS, such as private/independent adoptions, the review and signing of the Adoption Assistance Agreement will be executed prior to the finalization of the adoption.
For foster parent adoptions, the adoption placement signing is often arranged for the beginning of a month to ensure continuity of payment for the child and to prevent duplicate payments from the foster care program funds and the adoption assistance program funds.
The Adoption Assistance Agreement must only be launched from Georgia SHINES. Should there be difficulty launching the adoption assistance agreement, contact for assistance the Data Integrity Specialist (DIS), Georgia SHINES support personnel, and/or the Social Services Administration Unit (SSAU). If necessary, SSAU can manually create an Adoption Assistance Agreement for use at the adoption placement signing. If the issue persists, it may be necessary to postpone the signing if it does not cause a hardship to the adoptive family. Once the issue is resolved in Georgia SHINES attach and complete the adoption assistance agreement.
DFCS recognizes the adoption of children by both members of a same-sex marriage, in accordance with the U.S. Supreme Court ruling in Obergefell v. Hodges on June 26, 2015. Based on this ruling, both members of a same-sex marriage who are identified as the adoptive placement are allowed to sign the adoption assistance agreement. Until Georgia SHINES which generates adoption assistance agreements can be updated the name of one of the members of the same-sex marriage may be handwritten on to the agreement by a DFCS staff person, if done so prior to adoption finalization. The SSAU may be consulted regarding such cases and may generate an agreement outside of the SHINES system for signing, if requested to do so.
Adoption (Private/Independent)
There are four types of independent adoptions:
-
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.
-
Relative - Adoption of a child by a relative as defined as any relation by blood, marriage or adoption.
-
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.
-
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.
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.
For adoptive parents who decide to voluntarily suspend adoption assistance benefits while their child receives SSI, the deferred Adoption Assistance Agreement may be used to designate the child’s eligibility for adoption assistance benefits while receiving SSI and provide the opportunity to activate adoption assistance benefits at a later date (see policy 12.4 Adoption Assistance: Supplemental Security Income (SSI) & Adoption Assistance).
Georgia Families 360˚
On March 03, 2014, DFCS transitioned from a standard fee-for-service Medicaid program to a statewide Medicaid Care Management Organization (CMO) through Amerigroup Georgia Managed Care Company. The transition impacted children in DFCS custody and children receiving adoption assistance as they became members of a new program called Georgia Families 360˚ which is separate from Georgia Families, the general Medicaid program administered by the Georgia Department of Community Health (DCH). Georgia Families 360˚ is designed to provide coordinated care across multiple services and focus on the physical, dental and behavioral needs of member children. The program is designed to ensure each member has a medical and dental home, access to preventive care screenings, and timely assessments. It also seeks to ensure medical providers adhere to clinical practice guidelines and evidence-based medicine. Families receiving adoption assistance have the option of enrolling in Georgia Families 360˚or choosing fee-for-service Medicaid.
Amerigroup Care Coordination Teams (CCT) and Care Managers
Each Georgia Families 360˚ member is assigned to a regional Care Coordination Team with a specified Care Manager. The CCT members are Masters level staff, the majority of whom hold a professional license to practice in their respective field. The CCT completes a Health Risk Screening (HRS) on youth in care to identify medical and/or behavioral needs. They ensure each child is assigned to a Primary Care Physician (PCP) and Primary Care Dentist so every child has a medical and dental home. The CCT is responsible for coordinating the health components of the Comprehensive Child and Family Assessment (CCFA), including the initial physical assessment, dental screening and trauma assessment. Care Managers are the primary partner of the SSCM for identifying and making referrals for needed services. Care Managers ensure each youth has an individualized care plan that addresses both physical and behavioral health needs. They work with community agencies to ensure appropriate services are provided.
Any services not authorized by the CCT will not be paid for out of Medicaid. Therefore, it is imperative that all medical/dental, behavioral health and developmental care be coordinated with the CCT to avoid any uncovered expenses.
Forms and Tools
Adoption Assistance Narrative
Post Adoption Services/Adoption Assistance Benefits Handout
Post Adoption Services/Adoption Assistance Benefits Handout - Spanish
Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits
Verification of Receipt of Information Packet Regarding Post Adoption Services/Adoption Assistance Benefits - Spanish