What are the criteria for negotiation of Title IV-E Adoption Assistance? Does federal and state policy stipulate that the parents and agency must consider the child’s needs and parent’s circumstances in arriving at an agreement for adoption assistance?
Yes. Federal and state law have always required that the child’s needs and parent’s circumstances be considered in reaching an agreement for monthly adoption assistance. Section 8.2D.4, Question 1 of the Child Welfare Policy Manual, stipulates, “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 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.
Question 3 in the same section of the federal manual, emphasizes the inclusion of the adoptive parent’s (family’s) circumstances as part of the negotiation of an agreement for a monthly adoption assistance payment. "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. Families with the same incomes or in similar circumstances will not necessarily agree on identical types or amounts of assistance. The uniqueness of each child/family situation may result in different amounts of payment. Consistency is not the goal.
This last
point is particularly applicable to Ohio, which has no uniform statewide foster
care or adoption assistance payment rate schedules. As we will explain,
the “Maximum Statewide Adoption Assistance Payment” of $1,166 per month is not
a statewide adoption assistance payment schedule in any normal sense of the
term. (See the previous post on Foster Care Maintenance rates as the Maximum Adoption Assistance Payment).
O.K. O'Hanlon (OK Boomer), You have slyly quoted from the federal Child Welfare Policy Manual. What about Ohio regulations?
You caught me. Actually in signing the Ohio IV-E State Plan, the Ohio Department of Job and Family Services "agrees to administer the programs in accordance with the provisions of this plan, title IV-E of the Act, and all applicable Federal regulations and other official issuances of the Department." The Child Welfare Policy Manual contains "official issuances."
Ohio IV-E regulations must conform to the Child Welfare Policy Manual. Ohio Administrative Code rule 5101:2-49-05 reflects the language of the federal manual. It is just not as clearly written because of the quaint tradition of rule writing by committees dedicated to paraphrasing federal policy statements, rather than simply using the same language.
OAC
5101:2-49-05 (D) states in pertinent part,
The
monthly AA payment amount should combine with the adoptive parent(s) resources
and circumstances as provisionally required by the adoptive homestudy and shall
provide for the special and foreseeable future needs of the child. When changes
occur to the special needs and circumstances of the child and family, those
needs shall be addressed or reviewed pursuant to rule 5101:2-49-12 of the Administrative Code.
Are County Agencies well informed about the authority of the Child Welfare Policy Manual?
No.
The state has not really communicated the status and role of the Child
Welfare Policy Manual to the county agencies. In negotiating adoption
assistance agreements, it is a good idea to cite the federal manual and point
out how the state rule must conform to it and does conform to it. The
manual sections provide a better framework for integrating proposals for
meeting your child's needs with descriptions of your family
circumstances. You can use that framework and also cite the state rule (OAC 5101:2-49-05).
Next: What does consideration of the child’s needs and parent’s circumstances mean?
