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Monthly cash assistance payments will be the primary source of post-adoption support for many families since they may not need or request any other services. (See Section 1600, Child Welfare Funding –Adoption Assistance). When post-adoption services involve the out-of-home placement for a child, it is important to note the federal guidelines on when adoption assistance benefits can be terminated. Once an adoption assistance agreement is signed and in effect, it can be terminated under one of the following circumstances:
• the child is 18 years old;
• the adoptive parent(s) has requested the termination of Adoption
Assistance benefits;
• the adoptive parent(s) dies
• the adoptive parent(s) is no longer legally responsible for or providing financial support for the child;
• a court of competent jurisdiction has terminated the parental right(s) of the adoptive parent(s);
• the child dies;
• the child is readopted;
• the child is emancipated;
• the child marries; or
• the child enlists in the military;
NOTE: The Federal guidelines, ACYF-CB-PA-01-01 dated January 23, 2001 states that a parent is no longer legally responsible for the support of a child when parental rights have been terminated, or when the child becomes an emancipated minor, marries, or enlists in the military. “Any support” is defined as various forms of financial support, including family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child’s special needs. When the child is placed in agency custody and the adoptive parents refuse to provide support for the child, a court order for child support is appropriate.
Sometimes adoptive families or adopted children make their own arrangements for out-of-home placements. Again, the fact that the child is not living in the home does not mean the adoption assistance should be terminated. Even when children return to the biological family, the adoptive parents are still legally responsible. Support can be provided through financial support to the biological parents, purchase of clothes and other necessities, and the maintenance of a home for the child. There have been many situations where a child has returned to the adoptive home after realizing that many of his beliefs about the birth families were fantasies. Other arrangements may include support in establishing a separate living arrangement by paying rent or utilities, or purchasing necessary items for the child’s new living arrangement. Often these arrangements prove to be temporary and the child returns to the adoptive family. Even if the arrangements continue, the adoptive parents are providing for the needs of the child in a manner that works for the family.
The vendor payment program is designed to assist with expenses related to remedial, psychological and medical needs that are not covered by Medicaid. Adoptive parents should be encouraged to use the vendor payments for needed supportive services. These funds can be used for a variety of services as long as it can be documented that the use of the funds relates to a special needs condition that existed prior to the completion of the adoption. The total amount of the annual vendor payments of $2400 can be used for any combination of remedial, medical and/or therapeutic services (non-medical services). This means that all of the funds can be used on medical services; all of the funds can be used for therapeutic services (non-medical services); or the funds can be used for a combination of medical and therapeutic services (non-medical services). (See Section 1600, Child Welfare Funding – Adoption Assistance Payments)
Medicaid benefits are critical to the successful placement of children with special needs. Refer to Medicaid website for information on available services: http://www.dhhs.state.nc.us/dma.
North Carolina joined the Interstate Compact on Adoption and Medical Assistance (ICAMA) in 1999. This allows children who receive non IV-E adoption assistance benefits to receive Medicaid when the adoptive parents move to a state that is a member of the compact. It is most important to complete the necessary paperwork to assure that Medicaid continues for children when the adoptive parents move to another state. Since many states will not provide Medicaid without the completed paperwork, counties should complete the ICAMA forms for all children regardless of the funding source for the adoption assistance when the family moves to another state. (See ICAMA under Adoption Assistance for children who come from other states. See Section 1600, Child Welfare Funding – Adoption Assistance Payments)
The LINKS program is described in Family Services Manual, Chapter IV: Child Placement, Section 1201. Adopted adolescents between the ages of thirteen and twenty-one (13-21) who exited the foster care system as teenagers are eligible to participate in this program. Agencies should consider this resource for adopted adolescents in the same way that they consider these services for other adolescents who are in foster care or had been in the foster care system. Youth adopted after the age of thirteen who are interested in participating in LINKS may contact their former foster care agency’s LINKS Coordinator or the LINKS Coordinator in their current county of residence to find out about the availability of LINKS services.
Funding is available for scholarships for youth who were adopted on or after the age of 12. The scholarships will supplement the cost of attendance, as defined by the Higher Education Act of 1965, at any branch of the University of North Carolina or any of the North Carolina Community Colleges. Federal grants, including Education Training Voucher and Pell grants, must first be applied to the cost of attendance. Educational loans incurred by students after July 31, 2007, may be eligible for repayment through this program.Students will be eligible for up to eight semesters of assistance as long as they are making satisfactory progress toward completion of their academic program. Students are eligible for assistance until their 26th birthday.
In response to the federal requirement under the Adoption and Safe Families Act, the Division has contracted with regional agencies to assure that post adoption services are available to each region in the state. Agencies may contact the Division for information on participating contractors to enlist help in providing post-adoption services to families even if the contract private agency was not involved in the adoption process. These agencies are resources and should not be used to substitute for the agency’s responsibility to provide post-adoption services.
When requests for post-adoption services are received from families who have adopted, the placing agencies should be contacted for support in providing services to these families. The extent of post-adoption services to these families will depend on the availability of resources to the agency and community.
If necessary, efforts should be made to contact the placing agency in the other state to obtain as much information as possible to assist the family. Services to these families must be provided to the extent that resources to the agency and community permit.
All children who receive IV-E funded adoption assistance benefits are eligible for Medicaid in this state. If the child was placed by a state that is a member of the Interstate Compact on Adoption and Medical Assistance (ICAMA) and the family is requesting Medicaid for the child who receives IV-E funded adoption assistance, the child is eligible for Medicaid in North Carolina. (Section 1600, Child Welfare Funding – Adoption Assistance Payments). If the family does not have a copy of the Adoption Assistance Agreement, the agency or the adoptive parents should contact the other state and request the necessary paperwork. The agency is not obligated to provide Medicaid for non-IV-E funded children who come from states that are not members of the Interstate Compact on Adoption and Medical Assistance. However, a referral to the Medicaid office is appropriate to determine if the family’s income meets the eligibility requirements for Medicaid in this state.
The Intercountry Adoption Act of 2000 (Section 205), mandates that all states collect and report information on all children who enter into state custody as the result of disruption or dissolution of an adoption. The data must include information on the plans for the child and the reasons for the dissolution. When these children come into the foster care system, services are provided in the same manner as all other children who enter foster care. Request for post-adoption services prior to a disruption or dissolution must be provided within limits of available funding and resources in the community.
See Services Information System (SIS), including codes for LINKS and Family Preservation Programs.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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