12.15 Recovery of Adoption Assistance Overpayments

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(12) Adoption Assistance

Policy Title:

Recovery of Adoption Assistance Overpayments

Policy Number:

12.15

Previous Policy Number(s):

109.27

Effective Date:

September 2015

Manual Transmittal:

2015-08

Codes/References

N/A

Requirements

The Division of Family and Children Services will ensure the timely recovery of funds whenever overpayments of adoption assistance benefits occur.

Procedures

The County Department or Regional Post Adoption Manager will:

  1. Notify the Social Services Administration Unit (SSAU) immediately, but no later than 30 calendar days after becoming aware of an adoption assistance overpayment. Include the following in the notification:

    1. A summary of the circumstances;

    2. An exact dollar amount of the overpayment and timeframes;

    3. An action plan for recovery; and

    4. Any other information that the county department deems relevant.

  2. Contact the adoptive parent(s) to develop an Adoption Assistance Repayment Agreement immediately after becoming aware of adoption assistance overpayment:

    The county department must first consult with the SSAU prior to initiating an Adoption Assistance Repayment Agreement if the amount of overpayment exceeds $6,000 or there is evidence of deception/fraud. In such cases, specific, written approval must be received from the SSAU prior to initiating an Adoption Assistance Repayment Agreement.

    1. Inform the overpayment recipient of the preference for repayment in full, via a lump sum, to be paid within 30 days of notification of overpayment.

      Lump sum payments within 30 days of notification of overpayment do not require a Repayment Agreement. However, lump sum repayment arrangements shall be documented fully in Georgia SHINES and the adoption assistance record, and coordinated with Regional Accounting.

    2. Develop and distribute a written Adoption Assistance Repayment Agreement whenever the overpayment cannot be repaid by the adoptive parent(s) within 30 days.

      1. Complete and sign the Adoption Assistance Repayment Agreement with the adoptive parent(s):

        1. Negotiate the repayment period. The repayment period on the Adoption Assistance Repayment Agreement will be 12 months or less, unless specifically pre-approved in writing by the SSAU.

        2. Discuss the method of repayment with the adoptive parent(s):

          1. Monthly or lump sum payment made by the adoptive parent(s), which does not involve reduction of the monthly adoption assistance payment; and/or

          2. Reduction in the adoption assistance payments, if agreed to by the adoptive parent(s).

        3. Review and sign the Adoption Assistance Repayment Agreement with the adoptive parent(s). Discuss the requirement of the agreement that, among other things, the adoptive parent(s) will provide written notification to the county department regarding any change(s) in his/her financial condition, mailing address, living arrangements and the onset of any life altering health condition(s) he/she may experience, within 10 days of the change or condition coming into effect. Such notification will include all necessary documentation to support the adoptive parent(s)'s stated claim.

      2. Provide a copy of the signed Adoption Assistance Repayment Agreement to the adoptive parent(s), Regional Accounting and the SSAU, and upload a copy of the agreement into Georgia SHINES External Documentation.

        For cases in which a reduction in the adoption assistance payments occur, the Social Services Case Manager shall send the signed Adoption Assistance Memorandum with the amended payment amount and begin date to Regional Accounting and the SSAU, and upload into Georgia SHINES External Documentation.

  3. Negotiate and monitor the Adoption Assistance Repayment Agreement - If an adoptive parent claims and can prove financial hardship due to unemployment, the county department may negotiate with the adoptive parent for a lesser monthly payment amount on the Adoption Assistance Repayment Agreement. Any Adoption Assistance Agreement that makes the repayment period greater than 12 months must receive prior approval by the SSAU.

    1. Throughout the unemployment period, the county department will conduct a diligent search of income and assets every 30 days, including communicating directly with the adoptive parent. The diligent search may include the use of resources, such as Accurint, the Department of Labor, TANF, Food Stamps, and Medicaid, to verify the adoptive parent(s)'s employment and overall financial status.

    2. For amounts that do not exceed $6,000, the county department will provide a full status report to the SSAU every 12 months for 36 months. Conversely, for amounts that exceed $6,000, the county department will provide a full status report to the SSAU every six months for 36 months.

    3. The county department will enter into a new Adoption Assistance Repayment Agreement within 90 days of the commencement of employment by the adoptive parent, increasing the monthly repayments amount and thereby reducing the length of the repayment period.

  4. For all cases in which an adoptive parent(s) has been paying at a lesser rate for nine months or more, and the parent continues to be unemployed or unable to pay at the necessary rate, the county department may:

    1. Continue to directly monitor and pursue the adoptive parent(s) for up to 36 months.

    2. Refer the matter to the SSAU for consideration of a referral to the DHS Office of General Counsel for further legal proceedings to ensure recovery.

    3. Consider foregoing to pursue the adoptive parent(s) any further if it would no longer be cost-effective or if justice would not be served by further pursuit of recovery.

      All final determinations to forego further legal proceedings will be approved in writing by the SSAU.

    4. The Social Services Case Manager and the Regional Accounting Office must communicate and work together in order to successfully track and manage the Adoption Assistance Repayment Plan.

  5. In the following circumstances, the county department will consult with the SSAU for consideration of a referral to the DHS Office of General Counsel for further legal proceedings:

    1. When the adoption assistance overpayment amount is greater than $6,000 and the adoptive parent cannot repay the amount in full via a lump sum payment or a repayment agreement. The referral to the DHS Office of General Counsel shall be made within 30 days of determination of the need.

    2. When the adoptive parent(s) refuses to enter into an Adoption Assistance Repayment Agreement within 30 days of discovery of overpayment.

    3. Adoptive parent(s) misses a total of two months of recovery payments, whether consecutive or not, without a fully corrected payment (i.e., a “double-payment”) on or before the next payment due date.

    4. Adoptive parent(s) fails to comply with the agreed upon terms of the repayment agreement.

    5. Any time the county department or the SSAU uncovers, or otherwise suspects fraud or abuse. The county department will work with the Office of Inspector General (OIG), as well as all other law enforcement and federal agencies reviewing or investigating the matter.

  6. Reinstate the full adoption assistance payment amount when the overpayment has been fully repaid and the adoptive parent(s) continues to be eligible to receive adoption assistance payments:

    1. Send the signed Adoption Assistance Memorandum to Regional Accounting and SSAU, indicating that the repayment is completed.

    2. Provide the begin date that the full amount of adoption assistance payment should be re-started.

    3. Upload Adoption Assistance Memorandum into Georgia SHINES External Documentation.

    There is no requirement to sign another Agreement when restoring the full adoption assistance payment amount.

  7. Document all steps taken toward recovery of the overpayment in full, throughout the entire recovery process by utilizing Georgia SHINES Contacts/Summaries and uploading supporting documents into Georgia SHINES External Documentation. The documentation shall remain as a permanent part of the adoption assistance record.

Practice Guidance

N/A

Forms and Tools

Adoption Assistance Repayment Agreement
Adoption Assistance Repayment Agreement (Spanish)