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If for some reason,
your child really does not meet the ADC-relatedness or judicial determination
requirements, there is a Plan B to federal Title IV-E adoption assistance
eligibility. A child is eligible for
federal adoption assistance if:
a. He or she meets the
disability requirements for the Supplemental Security Income (SSI) program,
prior to the final decree of adoption; and
b. He or she is
determined to be a special needs child.
As the Section 8.2B of the federal Child Welfare Policy Manual says,
echoing the federal law,
A child is eligible for adoption assistance if the child
meets the requirements for title XVI SSI benefits and is determined by the
State to be a child with special needs prior to the finalization of the
adoption.
There are no additional criteria that a child must meet
to be eligible for title IV-E adoption assistance when eligibility is based on
a special needs child meeting SSI requirements. Specifically, how a child is
removed from his or her home or whether the State has responsibility for the
child's placement and care is irrelevant in this situation.
Children who are exempt from the
ADC-Relatedness requirement are known as "applicable." children.
In the case of an "applicable" child,
For the purposes of determining whether
an applicable child is eligible for AA through the SSI criteria, the Title IV-E
agency may make the determination that the child meets the medical or
disability requirements for SSI benefits. (See federal Child Welfare Policy Manual Section 8.2B.12 , Question 3 and OAC rule 5101:2-49-02).
The PCSA can determine if the child meets the medical/disability
requirements for SSI. (see Disability Evaluation under Social Security. For non "applicable" children an
application for SSI must be submitted to the local Social Security office
before finalization. For a list and
discussion of childhood impairments and disabilities go to the Social Security
website at: http://www.ssa.gov/disability/professionals/bluebook/ChildhoodListings.htm
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Presumptive
Eligibility
Children with certain disabilities are considered "presumptively" eligible for SSI. Social Security regulations at 20 CFR 416.934 say:
We may make findings of presumptive
disability and presumptive blindness in specific impairment categories without
obtaining any medical evidence. These specific impairment categories are—
(d) Allegation of bed
confinement or immobility without a wheelchair, walker, or crutches, due to a
longstanding condition, excluding recent accident and recent surgery;
(e) Allegation of a
stroke (cerebral vascular accident) more than 3 months in the past and
continued marked difficulty in walking or using a hand or arm;
(f) Allegation of
cerebral palsy, muscular dystrophy or muscle atrophy and marked difficulty in
walking (e.g., use of braces), speaking, or coordination of the hands or arms.
(h) Allegation of
severe mental deficiency made by another individual filing on behalf of a
claimant who is at least 7 years of age. For example, a mother filing for
benefits for her child states that the child attends (or attended) a special
school, or special classes in school, because of mental deficiency or is unable
to attend any type of school (or if beyond school age, was unable to attend),
and requires care and supervision of routine daily activities.