12.8 Subsequent Determinations - Deferred 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: |
Subsequent Determinations - Deferred Adoption Assistance |
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Policy Number: |
12.8 |
Previous Policy Number(s): |
109.6 |
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Effective Date: |
November 2016 |
Manual Transmittal: |
2016-14 |
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Requirements
The Division of Family and Children Services (DFCS) will:
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Make an eligibility determination on a subsequent request for adoption assistance benefits for a child’s whose adoption assistance agreement was previously deferred if documented medical, physical, mental or emotional/behavioral conditions arise that may render the child eligible for adoption assistance benefits;
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Pay all adoption assistance benefits instated from a deferred adoption assistance agreement out of state funds when the subsequent eligibility determination is approved following adoption finalization; and
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Provide written notification to the pre-adoptive or adoptive parent(s) of the subsequent adoption assistance eligibility determination, and if denied or re-deferred notify of the denial reason(s) and his/her right to a fair hearing (see policy 17.16 Legal: Fair Hearings).
Procedures
If a subsequent adoption assistance application is requested by the adoptive parent(s) of a child for whom DFCS has a deferred adoption assistance agreement on file, the Social Services Case Manager will:
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Obtain from the adoptive parent(s) the supporting documentation in the form of written evaluation(s) and statement(s) from licensed treatment provider(s). The professional statement(s) must include the child’s:
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Diagnosis;
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Focus and frequency of treatment;
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Prescribed medication(s); and
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Prognosis.
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Submit the subsequent adoption assistance application to the Social Services Administration Unit (SSAU) in Georgia SHINES system for review/determination of special needs.
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If the subsequent adoption assistance application is approved by SSAU:
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Negotiate the adoption assistance agreement (see policy 12.5 Adoption Assistance: Negotiating the Adoption Assistance Agreement).
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Add an amended adoption assistance agreement in Georgia SHINES to the newly approved adoption assistance application.
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Review and sign the adoption assistance agreement with the pre-adoptive or adoptive parent(s) (see policy 12.6 Adoption Assistance: Reviewing and Signing the Adoptive Assistance Agreement).
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Initiate the adoption assistance benefits (see policy 12.7 Adoption Assistance: Initiating Adoption Assistance Benefits).
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If the subsequent adoption assistance application is denied and/or deferred by SSAU, send the Notification of Decision Related to Adoption Assistance to the pre-adoptive or adoptive parent(s) notifying of the reason(s) for denial, his/her right to a fair hearing, and of his/her option to re-apply in the future (if applicable) (see policy 17.16 Legal: Fair Hearings).
| The role of the Social Services Case Manager and the Regional Post Adoption (PAD) Manager is interchangeable in this section, as both manage adoption assistance cases at different periods. However, the Regional PAD Manager does not require supervisor approval. |
Practice Guidance
If a child does not meet the definition 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 adoptive parent(s). If a significant medical, physical or mental condition develops at a later date, adoption assistance may be instated at the time that the agency determines these conditions to meet special needs criteria. Deferred adoption assistance is state-funded and only available for DFCS-involved adoptions.
A deferred adoption assistance agreement can also be completed with an adoptive parent(s) who elected to receive supplemental security income (SSI) in lieu of adoption assistance benefits. In these cases, the child was deemed “special needs” prior to adoption finalization, so a subsequent determination of special needs is not required when the parent(s) decides to begin receiving adoption assistance.
Non-recurring payments may only be paid for children who were determined “special needs” prior to finalization. Thus, a child who was initially determined non-special needs and whose adoption has been finalized is not eligible for non-recurring adoption assistance if later deemed “special needs” through the activation of a deferred adoption assistance agreement.
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.
DFCS-Involved Transfer of Custody for the Purpose of Adoption
Refers to children who were either:
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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
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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.