12.10 Adoption Assistance Benefits - After 18

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(12) Adoption Assistance

Policy Title:

Adoption Assistance Benefits - After 18

Policy Number:

12.10

Previous Policy Number(s):

109.13

Effective Date:

November 2016

Manual Transmittal:

2016-14

Codes/References

N/A

Requirements

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

  1. Continue adoption assistance benefits beyond the youth’s 18th birth month when the youth circumstances meet the basic eligibility criteria to continue benefits past 18 years of age and when verification is provided that meets the high school or college eligibility criteria:

    1. Basic eligibility criteria:

      1. At the time of being placed on adoptive status the youth was in the permanent custody of DFCS; or

      2. The youth was part of a DFCS-involved transfer of custody for the purpose of adoption; and

      3. The youth has not been emancipated (married or enlisted in the military); and

      4. The youth remains in need of assistance and is dependent upon the financial support of his/her adoptive parent(s).

    2. High school eligibility criteria:

      1. The youth is enrolled in high school on a full-time basis.

        Job Corp, GED, vocational programs, and unaccredited on-line programs do not meet the “full-time school status” requirement.
      2. The youth’s full-time enrollment and attendance in high school is verified on a quarterly basis (90-day). Documentation from the school is on official letterhead with signatures of school personnel.

      3. If participating in home school education:

        1. The youth shall be working toward obtaining a diploma.

        2. The parent or tutor shall have obtained a high school diploma or GED.

        3. The curriculum shall include, but not be limited to reading, languages arts, math and science.

        4. The youth shall participate in 180 days with at least 4½ hours of educational instruction per day.

          The youth is physically unable to comply with this requirement.
        5. Annually submit to the Georgia Department of Education a Declaration of Intent to Utilize a Home Study Program by September 1st or within 30 days after a program is established;

        6. Annually submit a progress report assessment that includes the youth’s progress in each subject area.

        7. The youth shall be subject to an appropriate nationally standardized testing program, administered in consultation with a person trained in the administration and interpretation of norm reference test, to evaluate his/her educational progress at least every three years beginning at the end of the 3rd grade.

    3. College or technical school eligibility criteria:

      1. The youth was placed on adoptive status or transferred out of DFCS custody for the purpose of adoption prior to July 1, 1998; or

      2. The youth was placed on adoptive status or transferred out of DFCS custody for the purpose of adoption at age 13 or older; and

      3. The youth graduated from high school and submitted an application for college or technical school by July 31st or within 60 days of high school graduation; and

      4. The youth enrolled full-time (at least 12 hours) in a college or technical school by September 15th or within 120 days of high school graduation; and

      5. The youth is enrolled and attending college or technical school on a full-time basis (not including summer session); and

      6. The youth’s full-time enrollment and attendance in college or technical school shall be verified on a quarterly basis (90-day). Documentation from the college or technical school shall be in the form of an official class schedule, grade report or a statement on official letterhead with signatures of appropriate school personnel.

      Job Corp, GED, home schooling and unaccredited on-line programs do not meet the “college or technical school” requirement.
  2. Terminate adoption assistance benefits for youth eligible after 18 years of age who are enrolled in high school, when any of the following circumstances apply:

    1. The youth graduates from high school and does not meet the eligibility criteria for youth over age 18 enrolled in college or technical school;

    2. The youth is not enrolled in high school;

    3. The youth is not attending high school full-time;

    4. The youth has turned age 21;

    5. Verification of full-time enrollment/attendance in high school is not provided quarterly (every 90 days); or

    6. Failure to meet or provide verification of any of the home schooling eligibility criteria within the specified timeframe.

    Adoption assistance benefits shall continue through the month of any of the above occurrences.
  3. Terminate adoption assistance benefits for youth eligible after 18 years of age who enrolled in college or technical school, when any of following circumstances apply:

    1. The youth graduates from college or technical school prior to age 21; or

    2. The youth is no longer enrolled in college or technical school; or

    3. The youth is not enrolled in college or technical school full-time; or

    4. The youth has turned age 21; or

    5. Verification of full-time enrollment/attendance in college is not provided quarterly (every 90 days).

    Adoption assistance benefits shall continue through the end of the month of any of the above circumstances.
  4. Pay all adoption assistance benefits for a youth past 18 years of age out of state funds.

  5. Only reinstate terminated adoption assistance benefits for a youth over the age of 18 at the discretion of the Social Services Administration Unit (SSAU).

Procedures

The Regional Post Adoption (PAD) Manager will:

  1. Within five business days of receipt of the SMILE Adoption Children Almost 18 Report where the youth’s name first appears, send the youth’s name or a copy of the report to the designated SSAU Program Consultant for a preliminary over 18 adoption assistance eligibility determination.

  2. If the child is deemed by the SSAU potentially eligible for over 18 adoption assistance benefits, send the Adoption Assistance Eligibility Letter for Youth Age 18 and Older to the adoptive parent(s) requesting verification of high school or college/technical school enrollment.

    1. Upon receipt of school verification upload in Georgia SHINES External Documentation.

    2. Verify the validity of the school verification received from the adoptive parent(s).

    3. If the school verification meets the high school or college/technical school eligibility criteria, send an over 18 adoption assistance application in Georgia SHINES to the SSAU for a final over 18 adoption assistance benefits eligibility determination.

      1. If the child is determined eligible for over 18 adoption assistance benefits:

        1. Create an over 18 adoption assistance agreement in Georgia SHINES;

        2. Complete an Adoption Assistance Memorandum in Georgia SHINES indicating the change in funding type (if applicable) and effective date;

        3. Send the signed Adoption Assistance Memorandum to the Regional Accounting Office, Revenue Maximization Unit (Rev Max) and SSAU;

        4. Approximately every 90 days, generate a new over 18 adoption assistance agreement in Georgia SHINES, following receipt of verification that the youth continues to meet the eligibility criteria for adoption assistance benefits past age 18 and validation of such information;

        5. When terminating over 18 adoption assistance benefits for failing to provide verification of and/or failing to meet the over 18 eligibility criteria, follow procedures outlined in policy 12.9 Adoption Assistance: Continuation, Renegotiation or Termination of Adoption Assistance Benefits and delete the youth from the SMILE Per Diem Report and SMILE Adoption Children 18 & Over Report (see policy 12.11 Adoption Assistance: Verification of Continuing Eligibility for Adoption Assistance Payments).

      2. If the child is determined not eligible for over 18 adoption assistance benefits by the SSAU, follow the procedures in policy 12.9 Adoption Assistance: Continuation, Renegotiation or Termination of Adoption Assistance Benefits to terminate adoption assistance benefits at the end of the child’s 18th birth month.

    4. If the school verification fails to meet the high school or college/technical school eligibility criteria, follow the procedures outlined in policy 12.9 Adoption Assistance: Continuation, Renegotiation or Termination of Adoption Assistance Benefits to terminate adoption assistance benefits at the end of the child’s 18th birth month.

  3. If the child is not deemed potentially eligible by the SSAU for adoption assistance benefits past age 18, follow the procedures in policy 12.9 Adoption Assistance: Continuation, Renegotiation or Termination of Adoption Assistance Benefits to terminate adoption assistance benefits at the end of the child’s 18th birth month.

The Social Services Administration Unit (SSAU) Program Consultant will:

  1. Review the SMILE Adoption Children Almost 18 Report and make a preliminary over 18 adoption assistance eligibility determination for each youth.

  2. Within five business days of receipt of the SMILE Adoption Children Almost 18 Report, notify the Regional PAD Managers of each youth’s potential eligibility for adoption assistance past age 18.

  3. Upon receipt of an adoption assistance application in Georgia SHINES, review the adoption assistance application and supporting documentation for accuracy and completeness.

  4. If the adoption assistance application is incomplete, reject the application in Georgia SHINES documenting what information is required to make a determination.

    The application will remain in PROC status following the rejection until the application is re-submitted with the requested information.
  5. Within 10 business days of receiving the over 18 adoption assistance application and all supporting documentation/information make a final over 18 adoption assistance benefits eligibility determination.

Practice Guidance

Youth who are eligible to receive adoption assistance payments past the end of the child’s 18th birth month are also eligible to receive medical benefits under Medicaid. If the SSAU determines that a youth is eligible to receive adoption assistance benefits past the end of the child’s 18th birth month, the adoption funding type for a youth who receives Title IV-E adoption assistance monthly payments will be converted to state-funded.

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.

DFCS-Involved Transfer of Custody for the Purpose of Adoption

Refers to a child who was either:

  1. 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 Termination of Parental Rights hearing where all parental rights were terminated; or

  2. 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.

SMILE Adoption Children Almost 18 Report

The SMILE Adoption Children Almost 18 Report includes all children receiving adoption assistance who will be 18 years of age within the next 60 days.

SMILE Adoption Children 18 & Over Report

The SMILE Adoption Children 18 & Over Report includes all children 18 and over who were paid adoption assistance for the current month.

SMILE Per Diem Report

The SMILE Per Diem Report includes all children who were paid adoption assistance for the current month.