Tuesday, September 28, 2021

Negotiation: Policy into Practice

 What statewide practices and procedures for negotiating Title IV-E Adoption Assistance can be derived from federal law and policy?

 

A. A Change in Philosophy.  County agencies and adoptive parents should share the same goals with respect to negotiating adoption assistance.  That is, to support the child’s incorporation into a permanent family.  By the time negotiations begin, the eligible child has been categorized as a special needs child.  Instead of assuming a gatekeeper role with the objective of providing a minimal amount of adoption assistance, federal policy anticipates that public agencies will focus on how they can support the establishment of the child in a healthy family.  A number of other principles follow.

Practices Consistent with Federal and State Policy

1. The agency should treat the adoptive parents as partners during the negotiation process.    

The agency has assessed the parents and approved them as an adoptive home before negotiations begin.  The agency should keep in mind that the parents are responsible for the child’s care.  Instead of citing the parents’ responsibilities for raising the child as a reason why the parents should ask for as little support as possible, agencies should encourage the parents to tell their story about why they need adoption assistance.  

Practices Consistent with Federal and State Policy 

2.    Listen to the adoptive parents and trust their experiences in caring for the child.  After speaking with hundreds of adoptive parents over the years, I have found that their hopes and concerns inevitably fall into the categories of the child’s needs and the parent’s particular circumstances.  Take seriously the adoptive parent’s concerns and plans for the child.      

What is the Common Practice Among Ohio Counties?   

 

Agencies treat adoptive parents as “applicants” instead of partners.  This reflects a failure to recognize the difference between adoption assistance and other benefit programs.  Other benefits programs have no provision for negotiations because the amount and type of assistance is defined, based on an income means test.  Agencies frequently approach the adoptive parents’ proposals for adoption assistance with skepticism.  This, in spite of the fact that the agency has approved their desirability as caregivers again and again and the vast majority of adoptive parents have cared for the child as foster parents for at least two years

 

Practice Consistent with Federal and State Policy 

 

3. Use the knowledge accumulated during the child’s time in foster care in negotiating adoption assistance.  Over 70% of children in Ohio’s public foster care system are adopted by their foster parents.  By the time, the agency is engaged with the foster/adoptive parents in the negotiation of adoption assistance, the agency is well aware of the child’s needs and the parent’s circumstances.

  

What is the Common Practice Among Ohio Counties?  

  

The agency’s knowledge of the needs of the foster child and circumstances of the foster parents prior to the initiation of adoption proceedings is not an integral part of the negotiation process.  It is common for agencies to insist that adoption imposes more responsibility on foster parents, when they become adoptive parents. 

 

While this is true in a legal sense, it has no bearing on the issues that may be considered during the negotiation of adoption assistance.  In most cases, the child’s needs and parents’ (family’s) circumstances are pretty much the same after the formal transition from foster care to adoption.

 

Practice Consistent with Federal and State Policy 

4. In requesting additional information, the agency should explain clearly what additional information and/or documentation they seek and in what form.  For example, is a letter from an important medical or health care provider sufficient, and, if so, what should it say?

 What is the Common Practice Among Ohio Counties?

Agencies often fail to inform the parents about the specific type and content of information or documentation that would help the agency to take a more informed position in the negotiation of adoption assistance.

Practice Consistent with Federal and State Policy

5.  The adoptive parent’s submission of information and documentation should be the basis for the discussion and negotiation to follow.  It does not substitute for the discussion and negotiation between the agency and adoptive parents. 

What is the Common Practice Among Ohio Counties?

It is common for agencies to collect information and pass it on to a committee or agency administrator to propose a specific amount of adoption assistance without any direct discussion with the adoptive parents.  This practice is inconsistent with federal and state law.