It seems that I have neglected to
discuss the mediation process that was added to OAC rule 5101:2-49-05(H). Mea
Culpa. The Mediation process is
limited to disagreements over negotiating the amount of adoption
assistance. Mediation is not available to
settle eligibility disputes and other issues.
If the adoptive parents and county
agency cannot agree on an amount of adoption assistance after 30 days from the,
the initial meeting, the parents may request a “state mediation conference.” Parents seeking mediation request or download
form JFS 01470 "Adoption
Assistance State Mediation Conference Request" (rev.1/2014). The form can
be found on the Ohio Job and Family Services Web site. Click on M under Index of Services. Click on emanuals. Click on Family Children and Adult Services
Manual. Click on Forms. Fill out the forms and send it to Ohio
Department of Job and Family Services, Bureau of State Hearings. I would send
it to Elizabeth Foster at Elizabeth.Foster@jfs.ohio.gov. If you need to call her for instructions, you can reach her at 614-728-8416.
The mediation conference is supposed
to take place within 30 days. The conference
is limited to the state mediator, the adoptive parents and county agency
representatives(s). Apparently,
advocates and attorneys are not permitted to attend. You should ask the state to confirm that. If parents may not bring a representative,
then I would recommend that they clearly indicate to the state that the agency should not
have any attorneys within its delegation, either. Further, since agencies have the quaint habit
of loading up the team bus and bringing a gang to the meeting, parents should
press for an agency delegation of no larger than 2. Being outnumbered by a posse of agency
representatives is intimidating and inefficient. Everyone feels the need to throw in their
opinion and an already difficult discussion wanders all over the place.
According to the rule, if an
adoption assistance agreement for a particular payment rate is reached, it may
not be amended unless there is a change in the child’s needs or family
circumstances. This provision is not
really restrictive because parents' reasons for seeking an increase in adoption
assistance are almost always based upon increases in the child’s care needs and/or
changes in family circumstances.
I do not know very much about the
nature and effectiveness of the current version of mediation conferences. Dan Shook told we that at least some had gone well. I didn't press him for details.
Adoptive parents might consider mediation in cases where the agency is refusing to discuss the child’s overall needs and family circumstances as the parents define them. In one recent case, the agency limited discussion with the parents to 15 minutes. Some agencies also reject negotiation in favor of an approval process in which its representatives take a restrictive view of needs, contrary to federal and state policy and/or ignore the adoptive parents’ concerns about family circumstances. Faced with such intransigence and failure to failure to comply with current law, parents might consider mediation.
Adoptive parents might consider mediation in cases where the agency is refusing to discuss the child’s overall needs and family circumstances as the parents define them. In one recent case, the agency limited discussion with the parents to 15 minutes. Some agencies also reject negotiation in favor of an approval process in which its representatives take a restrictive view of needs, contrary to federal and state policy and/or ignore the adoptive parents’ concerns about family circumstances. Faced with such intransigence and failure to failure to comply with current law, parents might consider mediation.
In sum, adoptive parents might turn
to mediation in an attempt to get negotiations, unstuck. Requesting mediation might put some pressure
on an agency that is already under some pressure to finalize the adoption. The only thing to lose is time and time might
be an family’s ally, particularly if they receiving foster care payments.
In preparation for mediation,
parents should be ready to show how the agency has failed to comply with
negotiation requirements in the federal Child
Welfare Policy Manual and OAC rule 5101:2-49-05. See previous blog posts in Chapter 2. They might point that the provisions referring
to mediation in OAC 5101:2-49-05 actually refer to the failure on an “initial negotiation
meeting” which indicates that the state anticipates a substantive discussion will
take place and that the parents will be equal and active participants.
Parents should also bring
documentation supporting the child’s needs and family circumstances that
are of concern to them and shape their views of why adoption adoption is needed and how much is sufficient.