Thursday, December 29, 2016

Submitting Family Expenses for a Typical Month in Response to Agency Proposals fort Adoption Assistance that are Out of Compliance with Federal and State Law

In the previous post, I presented a generic letter to a county agency, requesting an amendment to the child's existing adoption assistance agreement with the goal of increasing the monthly payment.  Whether in response to negotiation of the initial agreement or an amended agreement, a number of county agencies resort to the following tactics.  All are out of compliance with federal and state adoption assistance law.

1,  The county agency attempts to unilaterally determine the amount of adoption assistance by asking parents to itemize cost figures for the child. 

2.  The county agency attempts to restrict the list to expenses covered by adoption assistance to those  that are directly associated with the treatment of the child's special needs.  Parents may want to provide child care or activities such as sports, dance, music, summer camps, tutoring and a variety of other experiences for therapeutic purposes to promote the child's social, emotional and physical growth and reinforce more formal medical or psychological treatment.  The agency rejects those types of expenses as inappropriate uses of adoption assistance. 

3. The county agency, by focusing on treatment costs, argues that Medicaid will cover a large portion of the child's needs and concludes that the parents do not need much in way of a monthly adoption assistance payment.  After adding up the limited monthly expenses, the agency may insist that only a portion be covered and that portion determines the monthly amount of adoption assistance.  Such tactics result in agency proposals for adoption assistance payments as low as $220 to $350 per month regardless of the child's foster care rate or her level of care.

Areas of Non-Compliance with Federal and State Law

1. Such practices are not negotiations, they are agency approval procedures.  Federal and state law require that adoption assistance be determined through negotiation.

2. The above practices completely ignore the federal and state requirement that family circumstances be considered together with the child's current and anticipated needs.  Family circumstances, broadly stated, considers the adjustments and sacrifices parents must make in providing a permanent home for a special needs child; a family in which the child has the opportunity for healthy growth and development,  Giving up work outside the home to provide more intensive care for the child certainly affects family circumstances.  The purpose of adoption assistance is to provide a supplement that will enable the parents to meet the child's needs.  Adoption assistance does not replace the income from a job or serve as substitute for family resources. Rather, combined with the family budget, it can provide an essential amount of additional support so the parents don't have to choose between ordinary care and activities and/or programs that will foster healthy growth.  Discussing a loss in family resources due to the loss of a job outside the home is a legitimate topic for negotiating an adoption assistance agreement.

As Question 1, Section 1 of the Federal Child Welfare Policy Manual states,



Title IV-E adoption assistance is not based upon a standard schedule of itemized needs and countable income. Instead, the amount of the adoption assistance payment is determined through the discussion and negotiation process between the adoptive parents and a representative of the State agency based upon the needs of the child and the circumstances of the family. The payment that is agreed upon should combine with the parents' resources to cover the ordinary and special needs of the child projected over an extended period of time and should cover anticipated needs, e.g., child care. Anticipation and discussion of these needs are part of the negotiation of the amount of the adoption assistance payment.
·        Source/Date: ACYF-CB-PA-01-01 (1/23/01)
·        Legal and Related References: Social Security Act - section 473 (a)(3). [Note the reference to federal law above]

3,  According to Question 1 of Child Welfare Policy Manual 8.2D.1, " Since there is no itemized list of approved expenditures for adoption assistance, the State cannot require an accounting for the expenditures."

Legal and Related References 
     Social Security Act - sections 473.  [Note the reference to federal law]

Presenting the County Agency with a Typical Monthly Family Budget

Often, agencies, employing some variation of the tactics outlined above, will

  parents a form with a limited list of "approved" expenses that do not address the things 

Often, agencies, employing some variation of tactics described above, will send the
adoptive parents a form to complete, which contains a limited list of "approved"
adoption assistance expenses that do not address the things that the parents want help to 
provide for their special needs child.   In such cases, the parents might write "See
 Attached" on the agency form and submit a typical monthly budget that includes, 
the activities, programs and experiences they want to provide for their child; any
 resources lost through such adjustments as working less outside the home and the 
ordinary expenses such as food, shelter, mortgage payments, utilities, transportation
and child care. 

The parents should have some amounts of adoption assistance in mind that, together
with their own resources, believe would enable them to meet their child's and sustain the 
family. They can include a proposed amount of adoption assistance in submitting the
"monthly family expenses" or wait to see how the agency responds. 

If parents submit a specific proposal, it is probably a good idea to present a figure well
over the minimum they feel that need. inform the agency that the proposed amount is not
necessarily, the final proposal.  Depending on the agencies response, the parents have the
flexibility to inform the agency that they are willing to continue negotiations, as long a
the adoption assistance is adequate to enable them to sustain the child in a permanent, 
nurturing family where she will have the opportunity to reach her full potential.  In a
many cases, the negotiations may go back and forth a number of times.  

The following is a possible response to an agency that, either verbally or via printed
form. has presented an overly restrictive view of what may be included in the negotiation
of adoption assistance


Monthly Estimated Family Expenses Including Expenses to Meet _________’s Needs  

We are presenting this cost breakdown to:

1. Present a picture of _________'s  and __________'s 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 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.  

According to Question 1 of Child Welfare Policy Manual 8.2D.1, " Since there is no itemized list of approved expenditures for adoption assistance, the State cannot require an accounting for the expenditures."  County agencies do not have the authority to determine that certain programs, activities or experiences must be excluded from adoption assistance negotiations, especially if the adoptive parents regard them as important to the child's growth and development. 
Both Federal and state law provide, 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: ________________.
Average Monthly Income: _______________________________________.
Child’s Monthly Foster Care Payment ______________.   
Total Monthly Income Including Foster Care Payment_____________________________.

Detailed List of Monthly Expenses by Category
Note: You can delete the descriptions below and list expenses in each category (or loss of resources).  Costs can be estimated

Expenses Addressing Child’s Special Needs: LIST 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 Addressing Child’s Special Needs: LIST 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.

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 purpose and goal 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; 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.  Illness of a parent or loss of main bread winner’s job are also important.  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.  Put the cost of individual items and expenses on a spreadsheet if you like, but use the policy stuff up to and including the “Average Monthly Income combined with the foster care payments” as a cover sheet.