Do federal and state policy anticipate a thorough discussion between the public agency and the adoptive parents concerning the need for adoption assistance to help sustain the child in a healthy permanent home?
Yes. Section 8.2D.4, Question 1 of the Child Welfare Policy Manual provides,
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 title IV-E agency . . . .
The amount of monthly adoption
assistance is set forth in a written “Adoption Assistance Agreement” form, the Ohio
JFS 01453. The adoption assistance
agreement form itself, JFS
01453, provides guidance on the kind of discussion that must take
place. Item 2 of Article IV of the
Adoption Assistance Agreement sates, “the agency has discussed the child’s
existing and anticipated emotional, medical, mental, developmental or physical
problems in light of the child’s family background and medical history.” Item 3 stipulates, “the agency and the
adoptive parent(s) have had an extensive discussion about the child’s present
and future service needs and the adoptive parent's/parents' ability to
incorporate the child into the adoptive family and to meet the child’s needs.” You can find the JFS 01453 Adoptions Assistance Agreement form under "E-Manuals," "Family and Children Services," "Forms."
Practical Note: In many cases across Ohio,
agency procedures do not include an actual negotiation. County agencies may ask the parents to fill
out a worksheet or otherwise communicate their need for adoption assistance via
e-mail to the parents. The worksheet or written
description of the need for adoption assistance may then be sent to a panel
that determines the amount of monthly adoption assistance payment the agency is
willing to support. Many such worksheets do not provide for a sufficient consideration of family circumstances.
This process provides little opportunity for the adoptive parent to engage the agency in a thorough discussion of the need for adoption assistance, and to consider their child’s needs in light of their family situation. If the adoptive parents do speak to an agency representative, the representative rarely has the authority to actually negotiate an agreement. More often than not, adoptive parents confront an agency approval process instead of an opportunity to negotiate support for the special needs child are incorporating into a permanent family.
Practical Suggestion: Agency Failure to Negotiate. No Discussion
There are a number of ways that an agency can fail to comply with negotiation requirements. For one, the agency representative can start sending you e-mail proposals for specific monthly adoption assistance payments, without any thorough discussion with you. Usually the proposed amounts are significantly, if not profoundly, less than your child's foster care payment rate. The agency representative may assume this meets the criteria for negotiation. It may be an invitation for you to come back with a higher figure or not.
That is all very interesting, O'Hanlon, but what do you suggest I do about it?
One possibility is patiently writing back to the agency and politely, but firmly reminding the representative that a thorough discussion of the child's needs and family circumstances is anticipated in both federal and state law.
1. You can take the high ground by expressing a desire to keep negotiating for the well-being of the child, as well as confidence that you can reach an agreement in your child's best interest. You can say that you know the agency's goal is the same as yours, namely to ensure that the child is sustained in a permanent, loving family. Your expression of confidence may be a wee bit exaggerated, but you are not giving the agency representative any pretext for reacting to your "unreasonable" demands.
2. After affirming your desire to actually discuss the child's needs in light of your family circumstances, you can point out that, based on your research and consultation with IV-E Adoption Assistance policy specialists, it is your understanding that a thorough discussion, a dialogue with the agency is required. You can cite the applicable sections of the federal Child Welfare Policy Manual and the Ohio Administrative Code (OAC 5101:2-49-05) and include relevant quotes.
3. You can say that you intention is to ensure that both parties (you and the agency) have a mutual understanding of the negotiation process. And ask, if the agency disagrees with your interpretation, to please state the nature of its disagreement and the rule or policy on which it is based.
Question: OK O'Hanlon, what is the point of those suggestions, aside from consuming large quantities of time and practicing my prose skills? Is this part of your unrelenting campaign to annoy both state and county child welfare officials?
No, indeed. I come in peace. There are few guarantees in the wacky world of adoption assistance negotiations. Putting in writing a diplomatic, but strong reminder that a thorough discussion of the child's needs in the context of your family's overall circumstances is worth a try.
1. By conveying you have a good working knowledge of the negotiation process, you may have a somewhat better opportunity to negotiate a better adoption assistance agreement than the one first proposed by the agency.
2. A written response creates a record of your interactions with the agency. As we will see, mediations and appeal hearings, which are next steps when negotiations fail, are primarily based on whether proper procedures were followed. Your accurate portrayal as the reasonable parent-advocate trying to negotiate an adoption assistance agreement in accordance with existing rules and policies can be contrasted with the agency's -
a. Lack responsiveness. (The agency ignores your claims and questions) and/or
b. Incomplete or incorrect responses.
If you present your efforts and the agency's inadequate responses, the mediator and/or hearing officer is more likely to order the agency to resume negotiations with you in accordance with the rules.
Next: The Criteria for Negotiating Adoption Assistance Agreements
