Earlier, we said that the mediation would focus
on the family budget in an attempt to determine if the amount of adoption
assistance proposed by the county agency was an adequate amount. At first glance, this approach appears inconsistent
with the rule forbidding the employment of means tests to determine the amount
of adoption assistance. It also seems at
odds with the statement in Section 8.2D.4 of the Child Welfare Policy Manual which states, Title IV-E adoption
assistance is not based upon a standard schedule of itemized needs . . . . “
Although we may be getting into a bit of a gray
area, one could argue that creating a portrait of a family’s overall situation
captures the children’s needs and family circumstances and sheds light on the
family’s ability to incorporate special needs adopted children into a permanent
household by presenting such things as:
- The monthly costs associated with meeting the adoptive children's current and anticipated needs. Such cost might include specific services, activities, lessons, experiences and the associated expenses such as transportation.
- The ordinary monthly costs necessary to sustain a permanent household for the children, including such expenses as food, mortgage payments, transportation, utilities, and various activities. Note: a number of household expenses cannot be easily subdivided among individual family members. Since adoption assistance is a supplement that is to be combined with the family’s resources, it can enable families to meet ordinary expenses and those associated with the particular special needs of the adopted children, which they might not be able to afford without the additional support.
- The loss of resources due to meeting the children’s care needs instead of working outside the home
One could even include the family’s monthly
income. It would not comprise a means test because the mediators are looking at
the whole range of children’s needs and family circumstances. The detailed portrait of the family’s
situation can then be examined in light of the children’s foster care payment rates
and the amount of adoption assistance the county agency has proposed.
Such a comprehensive picture gives the mediators
some idea about the adequacy of the proposed adoption assistance payments to
enable the family to incorporate special needs children into a permanent household capable of fostering the children’s healthy growth and
development. Although mediation is not
binding on the parties, if the gap between the family’s monthly expenses and
the family’s resources, including the proposed adoption assistance payments is
significant, it provides the mediators the opportunity to try and convince the
parties to reach an agreement for a more adequate amount of adoption
assistance.
Suppose a family’s monthly budget including the
current and anticipated needs of the three adopted children was $5,300 per
month for a household of 6. The adoptive
mother quit her job because the two adopted children required extensive care
and supervision as well as trips to doctors,and various therapeutic programs. The father takes home $3,300 per month. The agency has refused to agree to any
adoption assistance payments beyond $400 per child, per month. The children’s foster care payments were each
$800. The parents expect the shortfall
to grow as the adopted children show signs of more significant developmental
and behavior problems. The children's doctors and other professionals have stated that an increase in the severity of the children's problems is likely to occur based on their backgrounds and existing current patterns.
In such a situation, the discussion at the
mediation meeting might revolve around the amount of adoption assistance which
would relieve the family’s economic burden and help them to not only
incorporate the adopted children into a permanent family, but to provide
services, and activities that would promote the adopted children’s healthy
growth and development.
An Example of a monthly estimate of family costs
The following example offers some guidance on
submitting monthly family expenses. The
categories are meant as suggestions. If
parents can think of a way of identifying expenses that better captures their
particular situation, then by all means use it.
I suggest that you use the policy references and comparative totals as a
cover sheet. Try to use a somewhat
“typical” month, but you can choose a month in which expenses were above
average, as long as they are not way beyond the norm. If certain expenses occur annually or
semi-annually, you can always divide them by 12, or 6 or whatever is
appropriate.
Send a completed copy of the monthly family cost
estimate to the mediator a few days before the mediation session and keep a
copy for discussion.
Monthly Estimated Cost of Care for
We are presenting this cost
breakdown to:
1. Present a picture of
_________ and ___________ cost of care
along and our family circumstances which affects our ability to incorporate
them into a permanent capable of maximizing their growth and development.
2. To illustrate that we do not expect adoption
assistance to cover all of his needs. We
expect adoption assistance to function as a modest, adequate supplement that
combined with our family resources will enable to integrate ________ and _________into a healthy, happy permanent
home.
Legal and Policy Support
OAC 5101:2-49-05
The monthly AA payment amount should combine
with the adoptive parent(s) resources and circumstances of the adoptive family
and shall provide for the special and
anticipated needs of the child projected over an extended period of time.
Ohio Title IV-E adoption assistance rules are
based upon provisions of the federal Child Welfare Policy Manual. According to the federal Administration for
Children and Families
The Child Welfare Policy Manual contains mandatory policies that are based in federal law and/or program regulations. It also provides interpretations of federal laws and program regulations initiated by inquiries from state and tribal child welfare agencies or ACF Regional Offices.
The Child Welfare Policy Manual is used as a
guide in the ODJFS mediation process established on July 1, 2014.
Federal and state law states,
adoption assistance should
“combine with the parents' resources to cover the ordinary and special needs of
the child projected over an extended period of time. . . “ The children’s needs impact the family’s circumstances and
vice versa. As Section 8.2D.4 of the
federal Child Welfare Policy Manual
states,
During the negotiation of an adoption assistance agreement, it is important to keep in mind that the circumstances of the adopting parents and the needs of the child must be considered together. The overall ability of a singular family to incorporate an individual child into the household is the objective.
Total Average Monthly Costs:
_______________________________.
Average Loss of Monthly Family Resources Due to Changes in Family Circumstances: ________________. (Here put any losses in family resources. The most common being quitting a job to provide extensive care for special needs adopted children)
Average Monthly Income: _______________________________________. (Gross and Net)
Average Monthly Income combined with County’s proposal of $ ___________ in Adoption Assistance per month, per child:_________________________________. (If applicable)
Average Monthly Income combined with the foster care payments $___________ per child, per day or about ______________ per child, per month: ______________________. (If applicable)
Specific Expenses - List specific, items, services, programs and costs under appropriate category
Expenses Addressing Children’s Special Needs: Things like therapy,
services not covered by Medicaid or insurance.
You can include specific recreation, sports, music, camps, lessons,
activities if you feel that they have a therapeutic or socialization purpose.
If not put them in the ordinary category.
Also specialized child care and transportation costs to services. Specify or estimate the monthly cost of each
item or expense. If it is has therapeutic or socialization goals, mention
them.
Anticipated Expenses: Things that you want to provide for the
children based on future needs. If
possible explain the anticipated needs in terms of a doctor, therapist or
educator or some other professional’s conclusions. Things related to the children’s health,
medical, developmental, educational or psychological problems. Identify each item or expense and specify or
estimate the monthly cost of each. If you
cannot estimate the expense even in general terms, just list the service,
program, therapy or procedure that is anticipated
Ordinary Family Expenses: Here you can include food, clothing, heat,
utilities, mortgage, the need for a larger vehicle, school expenses,
transportation and other things that you are aware of that may place a burden
on the family budget. Certain expenses
are for the entire family and can’t be easily divided among individual
members. In those cases put down the
entire monthly cost. The justification
is the objective of negotiating adoption assistance is “the overall ability of a singular
family to incorporate an individual child into the household.” The impact on the family of incorporating
additional special needs children into the household meeting their overall
needs is a legitimate topic for negotiation.
Identify each item or expense and specify or estimate the monthly cost
of each.
Family Circumstances: This is more of a case of family situations that reduce family resources such
as one parent giving up work outside the home, loss of a job by the primary earner, illness, injury to a parent or other factors that strain or reduce
the family resources. Adoption assistance won't compensate for a loss of wages
or a salary, but it will help parents to make the necessary sacrifices and
adjustments to sustain a successful adoption. Explain the loss of family resources.
If it is due to the time and energy required to meet the children’s
details, give them a little narrative about a day or two in your life.
Add the cost of each item or
expenses and put the monthly total above in the space allotted. Subtract losses due to various family
circumstances. Use the policy citations up
to and including the “Average Monthly Income combined with the foster care
payments” as a cover sheet preceding the more detailed expenses.
In order to reach an agreement, Mediators see if the county
is willing to increase its proposed amount of adoption assistance and the if
the parents are willing to come down from the children’s monthly foster care
rates. It might be helpful for parents
to remind the Mediators that federal and state funding cover the entire first $250 in adoption assistance per
child per month. For every additional
amount above $250 federal funding covers 62.64%. of the cost up to the child’s foster care payment rate and county
agencies $37.53% in federal 2016 which extends to September 30,
2016.
For example
Monthly Monthly
County Cost
Adoption Assistance (37.53%
of any amount of
Payment Adoption
Assistance over $250
|
$400
|
$56.30
|
|
$500
|
$93.38
|
|
$600
|
$131.36
|
|
$700
|
$168.89
|
|
$800
|
$206.42
|
|
$900
|
$243.95
|
|
$1,000
|
$281.48
|
Parents can use the county’s actual monthly cost, for
example, to argue that a modest investment of $168.12 per child per month would
provide $700 in adoption assistance. For adoptive families of modest incomes a
few hundred dollars more in adoption assistance can make a crucial difference
in the family’s ability to provide services, activities and experiences to
enhance the growth and development of a special needs child, while still
meeting the child’s ordinary basic needs.
This
post primarily focuses on the negotiation of the initial adoption assistance
agreement. In the next post, we will consider additional issues involved
in the negotiation of an increase in the adoption assistance payments.
