12.9 Continuation, Renegotiation or Termination of Adoption Assistance Benefits

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(12) Adoption Assistance

Policy Title:

Continuation, Renegotiation or Termination of Adoption Assistance Benefits

Policy Number:

12.9

Previous Policy Number(s):

109.10, 109.12

Effective Date:

September 2018

Manual Transmittal:

2018-09

Codes/References

Title IV-E of the Social Security Act, Section 473(a)(4)
Title IV-E of the Social Security Act, Section 473(a)(3)
Fostering Connections to Success and Increasing Adoptions Act of 2008
45 Code of Federal Regulations §205.10(a)(4)

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Terminate Title IV-E or state-funded adoption assistance benefits when it is determined that:

    1. The child has attained the age of 18; or

    2. The adoptive parent(s) is no longer legally responsible for the support of the child who has not yet attained 18 years of age; or

    3. The adoptive parent(s) is no longer providing any support to the child.

    The adoptive parent(s) are required to inform DFCS of circumstances that would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount.

  2. Renegotiate the Title IV-E or state-funded adoption assistance rate with the adoptive parents upon the request under certain circumstances such as the:

    1. Child re-enters foster care (pre-adoption or post adoption); and

    2. Child is placed in a Department of Juvenile Justice (DJJ) facility or another state facility; and

    3. Child’s needs have increased to a level that requires a significant increase in oversight and treatment services.

    The adoption assistance rate amount shall 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.

  3. Provide timely and adequate written notice to the adoptive or pre-adoptive parent(s) of children who are no longer eligible for adoption assistance benefits or who have been denied an adoption assistance rate increase via the Notification of Decision Related to Adoption Assistance. The notice shall indicate:

    1. The reason(s) for termination or denial

    2. The right to request a fair hearing (see policy 17.16 Legal: Fair Hearings); and

    3. The circumstances under which adoption assistance is continued if a fair hearing is requested.

    When adoption assistance benefits are scheduled to be discontinued provide notice at least ten days prior to the suspension of benefits.
A child who has attained the age of 18 may be eligible for state-funded adoption assistance benefits (see policy 12.10 Adoption Assistance: Adoption Assistance Benefits - After Age 18 for the eligibility criteria).

Procedures

Termination of Adoption Assistance Benefits

The Social Services Case Manager (SSCM) or Regional Post Adoption Manager (PAD) will:

  1. Complete the system generated Georgia SHINES Adoption Assistance Memorandum, indicating:

    1. Reason for termination of benefits; and

    2. The effective date of the termination of benefits.

  2. Obtain Social Services Supervisor (SSS) signature of approval on the Adoption Assistance Memorandum.

    The Regional PAD Manager does not require supervisory approval.

  3. Forward the Adoption Assistance Memorandum to the:

    1. Social Services Administration Unit (SSAU)

    2. Regional Accounting

    3. Revenue Maximization Unit (Rev Max)

  4. Terminate the adoption assistance agreement in Georgia SHINES.

  5. Notify the adoptive parent(s) via certified mail of the termination of adoption assistance benefits using the Notification of Decision Related to Adoption Assistance at least ten days prior to the planned suspension of adoption assistance benefits.

  6. Upload the Adoption Assistance Memorandum and the termination of benefits notification into Georgia SHINES External Documentation.

Adoption assistance benefits can only be terminated for specific reasons outlined by federal regulations. The SSAU is available for consultation on issues related to terminating benefits.

Adoption Assistance Benefits – Renegotiation of the Rate (Rate Change)

The SSCM or PAD will:

  1. Submit an adoption assistance application in Georgia SHINES to the SSAU for approval of the renegotiated rate in accordance with policy 12.2 Adoption Assistance: Adoption Assistance Application:

    1. Rate reduction: Submit a basic Adoption Assistance Application indicating the renegotiated rate.

    2. Rate increase: Submit an Adoption Assistance Application for a Specialized Rate and upload the applicable documents into Georgia SHINES External Documentation in accordance with policy 12.3 Adoption Assistance: Adoption Assistance Specialized Rate.

  2. Attach an adoption assistance agreement to the application, following SSAU approving the revised adoption assistance application in Georgia SHINES.

    The adoption assistance agreement in Georgia SHINES will reflect the amended negotiated adoption assistance payment rate. The approval start date should be the date the amended agreement is fully signed and executed by all required parties.

  3. Notify the adoptive parent(s) via the Notification of Decision Related to Adoption Assistance if a request for an increase in the adoption assistance rate is denied.

  4. Review and sign the amended adoption assistance agreement (see policy 12.6 Adoption Assistance: Reviewing and Signing the Adoption Assistance Agreement).

  5. Complete the system-generated Adoption Assistance Memorandum indicating:

    1. Rate change; and

    2. The effective date.

  6. Obtain the Social Services Supervisor’s (SSS) signature of approval on the Adoption Assistance Memorandum.

    The Regional PAD Manager does not require supervisory approval.

  7. Submit a copy of the Adoption Assistance Memorandum to:

    1. Regional Accounting Office

    2. SSAU

Adoption Assistance Benefits – Reinstatement of the Original Rate

The SSCM or PAD will:

  1. Terminate the amended adoption assistance agreement in Georgia SHINES, upon mutual agreement with the adoptive parent(s).

  2. Attach an adoption assistance agreement in Georgia SHINES to the original adoption assistance application that SSAU approved.

    The adoption assistance agreement in Georgia SHINES will reflect the original negotiated adoption assistance monthly rate.

  3. Complete the system-generated Georgia SHINES Adoption Assistance Memorandum indicating:

    1. Rate change back to the original rate; and

    2. The effective date.

  4. Obtain the Social Services Supervisor’s signature of approval on the Adoption Assistance Memorandum.

    The Regional PAD Manager does not require supervisory approval.

  5. Submit a copy of the Adoption Assistance Memorandum to:

    1. Regional Accounting Office

    2. SSAU

  6. Document in Georgia SHINES the change back to the original adoption assistance payment rate and the information has been sent to the various departments and the method of sending (email, fax, confirmations, etc.).

  7. Upload the Adoption Assistance Memorandum into Georgia SHINES External Documentation.

Practice Guidance

Circumstances in which DFCS May Terminate Adoption Assistance Benefits

  1. Adoptive parent(s) is no longer legally responsible for the child. This may be due to parental rights being terminated (TPR) or the child becoming an emancipated minor, marrying or enlisting in the military.

  2. The adoptive parent(s) is no longer providing financial support to the child. Payments for out-of-home placement, family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child’s special needs may be considered forms of financial support.

  3. Upon the death of the child for whom adoption assistance was received.

  4. Upon the death of both adoptive parents who signed and were party to the adoption assistance agreement.

  5. Child has attained age 18 (a child who has attained the age of 18 may be eligible for state-funded adoption assistance benefits see policy 12.10 Adoption Assistance: Adoption Assistance Benefits After - Age 18 for the eligibility criteria).

    Children who do not meet the eligibility criteria for adoption assistance benefits after age 18 are not eligible to receive adoption assistance benefits past the end of their 18th birth month. Adoptive parents of children who do not qualify for adoption assistance past age 18 will be notified by letter of the termination of adoption assistance at least 30 days prior to the end date.

Circumstances in Which DFCS May Renegotiate the Adoption Assistance Agreement Rate (Decrease or Increase)

  1. The adoption assistance rate may be decreased based on the child’s need and/or circumstances of the family upon mutual agreement between DFCS and the adoptive parent(s). Examples of such circumstances include a child who was once medically fragile becoming significantly more stable over time or a child being placed outside of the adoptive home and into a living situation which does not require the same level of financial support by the adoptive parent(s).

  2. The adoption assistance rate may be increased based on the child’s need and/or circumstances of the family upon mutual agreement between DFCS and the adoptive parent(s). An example of such circumstances includes a child developing a serious long-term medical condition, requiring intensive levels of treatment and supervision.

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. At the discretion of the Social Services Administration Unit Director, the state’s policy regarding rate increase limits may be waived, but with the understanding that the adoption assistance rate 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 (see policy 12.5 Adoption Assistance: Negotiating Adoption Assistance Agreement). Federal policy regarding rate limits cannot be violated.

Circumstances Prior to Finalization of the Adoption - Decisions to Continue or Terminate Adoption Assistance Benefits

  1. When a child is no longer residing in the adoptive placement (the child is no longer on adoption status) prior to the finalization of an adoption - the County Department will develop a plan of action with the pre-adoptive parent(s):

    1. Terminate adoption assistance, if the County Department decides that it is not in the best interest of the child to continue in the adoptive placement.

      Mutual agreement from the pre-adoptive parent(s) is not required since DFCS holds legal custody.

    2. Continue or renegotiate adoption assistance, if the County Department decides that it is in the best interest of the child to continue with the adoptive placement:

      1. Inform the pre-adoptive parent(s) of the requirement to provide monthly documentation (canceled checks, money orders, receipts, etc.) of financial support for the child while the child is not placed in their home. Failure to provide verification of financial support may result in termination and/or overpayments of adoption assistance benefits.

      2. Terminate adoption assistance if the pre-adoptive parent(s) does not show financial support of the child. The reason for termination is DFCS is not able to establish that the pre-adoptive parent(s) is providing any support to the child.

      3. Discuss the change in circumstances with the pre-adoptive parent(s) and whether a reduction in the adoption assistance rate is appropriate. Initiate the rate renegotiation process, if applicable.

      4. Review progress toward placement with the pre-adoptive parent(s) at least every 60 days, discussing and documenting:

        1. The progress made towards re-placement with the pre-adoptive family; and

        2. Any barriers that are preventing re-placement with the pre-adoptive family.

      5. Adoption assistance must be reinstated to the original rate when a child is placed back with the pre-adoptive family and adoption assistance was reduced unless a different rate is mutually agreed-upon.

    Prior to adoption finalization foster care and adoption assistance payments cannot be paid simultaneously for the same child.

  2. Lack of timely finalization of the adoption – the adoption should be finalized within six months of the adoption placement signing.

    1. If the adoption has not been finalized within six months of the signing of the adoption assistance agreement, document the steps the pre-adoptive parent(s) are taking to eliminate barriers to finalizing the adoption.

    2. If the adoption has not finalized after one year of the signing of the adoption assistance agreement:

      1. Discuss with the pre-adoptive parent(s) his/her/their plans for adoption and the possibility of termination of adoption assistance; and

      2. Inform SSAU of this meeting.

    3. If adoption is no longer the goal, terminate adoption assistance.

      This applies to DFCS adoptions and transfers of custody from DFCS temporary custody to the permanent custody of specified relatives/individuals for the purpose of adoption.

    4. If the adoption has not been finalized prior to the child’s 18th birthday, terminate adoption assistance.

      Notify the SSAU of any circumstances when court delays or other extraordinary circumstances may prevent finalization from occurring prior to the child’s 18th birthday. The plan for accomplishing the adoption finalization before the child’s 18th birthday will be known when submitting applications for adoption assistance.

Circumstances After the Finalization - Decision to Continue or Terminate Adoption Assistance Benefits

  1. When a child re-enters foster care after the finalization of an adoption – The adoptive family may continue to receive adoption assistance payments if the adoptive parent(s) remains legally and financially responsible for the child. During the FTM determine if the plan is non-reunification or reunification.

    1. Plan of non-reunification: There should be an effort to gain a mutual agreement to terminate adoption assistance.

      1. Obtain a signed written statement from the parent(s) regarding his/her agreement with non-reunification and the termination of adoption assistance.

      2. Terminate adoption assistance, the reason for termination is the parent’s decision for non-reunification.

    2. Plan of reunification:

      1. Inform the adoptive parent(s) of the requirement to provide monthly documentation (canceled checks, money orders, receipts, etc.) of financial support for the child while in foster care. Failure to provide verification of financial support may result in termination and/or overpayments of adoption assistance.

      2. Terminate adoption assistance if the adoptive parent(s) does not show financial support of the child. The reason for termination is DFCS is not able to establish that the adoptive parent(s) is providing any support to the child.

      3. Discuss the change in circumstances with the adoptive parent(s) and whether a reduction in the adoption assistance rate is appropriate. Initiate the rate renegotiation process, if applicable.

      4. Review progress toward reunification with the adoptive parent(s) at least every 60 days, discussing and documenting:

        1. The progress made towards reunification; and

        2. Any barriers that are preventing reunification.

      5. Adoption assistance must be reinstated to the original rate when the child is reunified with the adoptive parents and adoption assistance was reduced, unless a different rate is mutually agreed-upon.

  2. Dissolution of the adoption - Terminate adoption assistance benefits following termination or voluntary surrender of parental rights by the adoptive parent(s) of a child on whom the adoption has been legally finalized. The reason for the termination of benefits is the adoptive parent(s) is no longer legally responsible for the support of the child.

  3. Child placed in a Department of Juvenile Justice (DJJ) facility or another State facility (residential treatment facility or psychiatric hospital) after finalization of the adoption - The adoptive parent(s) may continue to receive adoption assistance if the adoptive parent(s) remains legally and financially responsible for the child. A discussion must be held with the adoptive parent(s) to discuss his/her/their plans for the child.

    1. Plan not to reunite with the child: There should be an effort to gain a mutual agreement to terminate adoption assistance benefits:

      1. Obtain a signed written statement from the adoptive parent(s) regarding his/her agreement with non-reunification and the termination of adoption assistance.

      2. Terminate adoption assistance, the reason for termination is the adoptive parent’s decision for non-reunification.

    2. Plan to reunite with the child following release from DJJ or other state facility:

      1. Inform the adoptive parent(s) of the requirement to provide monthly documentation (canceled checks, money orders, receipts, etc.) of financial support for the child while child is in DJJ or other state facility. Failure to provide verification of financial support may result in termination and/or overpayments of adoption assistance.

      2. Terminate adoption assistance if the adoptive parent(s) does not show financial support of the child. The reason for termination is DFCS is not able to establish that the adoptive parent(s) is providing any support to the child.

      3. Discuss the change in circumstances with the adoptive parent(s) and whether a reduction in the adoption assistance rate is appropriate. Initiate the rate renegotiation process, if applicable.

      4. Review progress toward reunification with the adoptive parent(s) at least every 60 days, discussing and documenting:

        1. The progress made towards reunification; and

        2. Any barriers that are preventing reunification.

      5. Adoption assistance must be reinstated to the original rate when the child is reunited with the adoptive family after being in a DJJ or other state facility and the adoption assistance was reduced unless a different rate is mutually agreed-upon.

  4. Child living with another individual or family other than the adoptive parent(s) – Upon notification from the adoptive parent(s) that the child is living with another individual or family evaluate to determine if a mutual agreement can be made regarding the continuation or termination of benefits.

    1. Evaluate the adoptive parent(s) legal and financial responsibility for the child.

      1. Determine the length of time the child has been out of the home; and

      2. Discuss with the adoptive parent the plans for the child’s future.

    2. If a decision was made to continue adoption assistance payments while the child resides with another individual or family, the adoptive parent(s) must continue to maintain legal custody of the child and maintain financial responsibility for the child:

      1. Inform the adoptive parent(s) of the requirement to provide monthly documentation (canceled checks, money orders, receipts, etc.) of financial support for the child while living with another individual or family. Failure to provide verification of financial support may result in termination and/or overpayments of adoption assistance.

      2. Terminate adoption assistance if the adoptive parent(s) does not show financial support of the child. The reason for termination is DFCS is not able to establish that the adoptive parent(s) is providing any support to the child.

      3. Discuss the change in circumstances with the adoptive parent(s) and whether a reduction in the adoption assistance rate is appropriate. Initiate the rate renegotiation process, if applicable.

      4. Adoption assistance must be reinstated to the original rate when the child has returned to live with the adoptive family after living with another individual or family and adoption assistance benefits were reduced, unless a different rate is mutually agreed-upon.

      The actual adoption assistance check may not be signed over or given to the other home by the adoptive parent(s).

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.

Adoption Dissolution

This refers to the termination or voluntary surrender of parental rights of the adoptive parent(s) to their adoptive child, after the adoption has been legally finalized.

Forms and Tools

Notification of Decision Related to Adoption Assistance
Notification of Decision Related to Adoption Assistance (Spanish)