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Georgia State Subsidy Profile Updated February 2008 State Subsidy Contact Person Mr. Adrian Owens NACAC Subsidy Representatives (parent/volunteer) Jymme Reed Kathryn Karp Adoption subsidies are available for children with special needs. Federal subsidies were created by Congress (through Public Law 96-272—the Adoption Assistance and Child Welfare Act of 1980) to encourage the adoption of special needs children and remove the financial disincentives to adoption for the families. Children may receive a federally funded subsidy under Title IV-E or a state-funded subsidy as per state guidelines. Below we have outlined information related to definitions of special needs, benefits available, and procedures in your state. Answers to select questions were made available by the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (AAICAMA) through the Child Welfare Information Gateway (www.childwelfare.gov). Profiles for each state’s subsidy program are available on our web site at www.nacac.org. If you have additional questions, please call the North American Council on Adoptable Children (NACAC) at 651-644-3036 or our subsidy help line at 800-470-6665, or e-mail us at adoption.assistance@nacac.org. If you have state-specific questions, please call your State Subsidy Contact Person or the NACAC Subsidy Representative (listed above) for more information. Adoption Resources on the Web: http://www.adoptions.dhr.state.ga.us/toc.htm Georgia’s state-specific medical assistance: Georgia’s adoption assistance: http://www.adoptions.dhr.state.ga.us/financia.htm
A child with special needs is defined as a child that has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:
Note: Children must be legally free for adoption to be eligible for adoption assistance. 2. What are the eligibility criteria for the State-funded adoption assistance program? In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and have been in the permanent custody of the Georgia Department of Human Resources. 3. The maximum basic monthly adoption assistance maintenance payment in Georgia is: Basic Rates:
Specialized rates are based on 100 percent of the applicable family foster care per diem that the child was receiving immediately prior to adoptive placement. The rates are dependent on the needs of the child. 4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Georgia offers these rates, the criteria used to define them are as follows: If a child receives a specialized family foster care rate, assistance payments can be up to 100 percent of that amount. A foster care worker submit an application to the Adoption Unit for a determination for a higher per diem based on the exceptional special needs of the foster child. The foster care rate is determined by the Provider Support unit. Specialized family foster care rates range between $20 to $60/day. 5. Parents can receive payment or reimbursement for certain nonrecurring adoption expenses directly related to the finalization of an adoption. Below are the allowed expenses and the limit per child. Nonrecurring expenses include: reasonable and necessary adoption fees, court costs, attorney fees, and other expenses (i.e., physicals, costs of pre-placement visitation, etc.) directly related to the legal adoption of a child with special needs. Reimbursement for nonrecurring expenses will be made only after the adoption is finalized. International children are not eligible unless they meet the state definition of special needs. The reimbursement limit is $2,000 per child. 6. What Medicaid services are available in Georgia? The state contact person for eligibility questions is Teresa Johnson, 404-657-7263, and for questions on services call Yvonne Dove, 404-463-2135. 7. Children who have federally funded (Title IV-E) subsidy are automatically eligible for Medicaid benefits. However, it is the state's decision whether state-funded (non-Title IV-E) children are eligible for Medicaid benefits inGeorgia. Below is information on the Medicaid benefits available for state-funded children. A child receiving State-funded adoption maintenance assistance is not eligible for Medicaid unless he/she has an identified medical or rehabilitative need when placed for adoption (if such a need exists, coverage is the same as that for a Title IV-E child). In practice, staff indicate that children have a “future need for counseling” so all children may receive Medicaid. 8. What mental health services are provided by your State? Public mental health services for children in Georgia are administered through the Department of Community Health (DCH), Division of Medical Assistance and include the following examples: psychological services, in-patient hospital services, mental health clinic services, targeted case management for the chronically mentally ill, therapeutic residential intervention, and pharmacy services. DMA and Medicaid covered services: http://dch.georgia.gov/02/dch/home/0,2467,31446711,00.html Note: Not all services may be available in all cases. Contact your adoption assistance worker or medical assistance specialist for information regarding process, eligibility, availability, and duration of services. 9. Does your State provide additional finances or services for medical or therapeutic needs not covered under your State medical plan to children receiving adoption assistance? Georgia provides limited funding under the Special Services Adoption Assistance Program. Funds are available for children who were ineligible for a higher level of adoption assistance payments at the time of placement and whose needs have changed or increased. Special Services funds are available only to children who had been in the permanent custody of DHR. Special Services funds are approved on an annual basis. These funds are contingent on availability and need. Family income and availability of community resources is considered in these requests. Special Services funds are provided by a separate agreement. The county social services case manager is the source of contact for application. Georgia DFCS, DHR county contact: Note: Not all services may be available in all cases. Contact your adoption assistance worker for information regarding process, eligibility, availability, and duration of services. 10. What types of post adoption services are available in your State and how do you find out more about them? Post adoption services in Georgia are administered by the Department of Human Resources thorough the DFCS, Office of Adoptions and community resources. DHR post adoption services include the following examples:
Each county department has a local listing that adoptive families may call. In addition, a toll free number for the Georgia Center for Adoption Resources and Support is available and will provide families with information relating to resources, support groups, local and statewide adoption related activities. The number for the resource center is 1.866.A.Parent (1.866.272.7368). Various adoptive parent support groups and community resources exist throughout the state. Research the Office of Adoptions post adoption services: http://www.adoptions.dhr.state.ga.us/pstadopt2.htm or contact your local DFCS case manager.Georgia DFCS, DHR county contact: Special Services Adoption Assistance—Provides a time-limited or one-time special service that is identified prior to the filing of the adoption petition when no other family or community resource is available (i.e., orthodontics, prosthetics, psychological counseling, respite). Families apply for this annually, during the renewal process, or anytime a need arises. If families cannot meet their need for respite through their family or community resources, we approve state-funded respite. Call Adrian Owens, 404-657-3558, for more information. In addition, many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate Georgia’s respite programs: http://www.respitelocator.org/ Note: Not all services may be available in all cases. Contact your adoption assistance worker or post adoption services contact for information regarding process, eligibility, availability, and duration of services. 11. If the additional assistance (listed above in questions #8 -10) is to cover specific services (e.g., counseling/mental health services, respite care, etc.), must these services be explicitly identified in the adoption assistance agreement? No. Items may be added after an assistance agreement is signed. These are covered under a separate agreement and paid through special services funds. 12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services? Families requiring residential treatment should contact their county social service office or mental health center. Funding is dependent on meeting specific eligibility criteria and availability of funds. Families must be Georgia residents in order to be eligible for this service. Any child is eligible whether or not initially in Georgia DHR custody. 13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Georgia offer such agreements? Yes, Georgia offers deferred agreements. If a child does not meet the definition of a child with special needs prior to adoption finalization, a deferred adoption assistance application is completed by the adopting parent(s). If a condition develops in the child at a later date that is related to the child’s background factors, adoption assistance and Medicaid may be instated at the time the condition is known and a determination of special needs is made. The benefit would be equal to the amount the child received as a family foster care board rate prior to adoptive placement. 14. Does Georgia operate a subsidized guardianship program? No.
15. Who makes the final determination of a child's subsidy eligibility in Georgia? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? Initial determinations for adoption assistance are made at the local level (county office). The caseworker recommends the amount to be provided. The county director or designee authorizes the payment. Approvals for special services funds and policy waivers are made at the state office. Medicaid is applied for locally. 16. Will Georgia consider my family income to determine my child's eligibility for subsidy? Written documentation of a family's financial circumstances must be submitted with the initial application. This information is not used to establish eligibility for subsidy, but it does give the agency an idea of the family's ability to meet the special needs of the child. An estimate of the cost of care of the child is also submitted. Most subsidies are set at the maximum available amount. Special services adoption assistance does take family income into consideration. 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin at adoptive placement. 18. Do children adopted from private agencies in Georgia receive the same subsidies as those children adopted from public agencies? Only Federal (IV-E) subsidies are available to children in the custody of private agencies at this time. Children placed through private agencies are ineligible for state-funded subsidy. Special Services Adoption Assistance is not available to children in the custody of private agencies. 19. When my child turns 18, which benefits, if any, are available to our family? A child may continue to receive state-funded adoption assistance after age 18 if attending secondary school on a full-time basis and the need for assistance remains. [Note: Children receiving IV-E adoption assistance who meet this requirement can begin receiving state assistance at age 18]. All payments of this kind will terminate when a child reaches age 21 or finishes school. An exception is made for any child placed at/or after age 13. They may continue to receive benefits to age 21 if attending college or vocational school on a full-time basis. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Georgia? A renewal form is sent annually to update family information and to inquire about the child(ren)'s needs. The amount of assistance may change upward or downward at recertification depending on relevant needs and circumstances.* The county worker shall notify a family of the need for recertification approximately 45 days prior to the end of the authorization period. 21. Can adoption assistance agreements be modified if requested by adoptive parents? Adoptive parents may request a change in the adoption assistance agreement at any time. Parents are directed to make change requests to the social services case manager who is responsible for their child’s adoption assistance. If parents feel they are being denied benefits or disagree with an agency’s decision regarding adoption assistance, they may request a fair hearing. Every adoption assistance agreement and annual renewal form the parents receive indicates the name, address and phone number of the county department that is responsible for child’s adoption assistance benefits. Requests may be made in person, in writing, or over the phone. If a fair hearing is requested, this must be in writing and made to the social services case manager in the county that is responsible for the adoption assistance. Policy does not allow for an increase in the adoption assistance benefit beyond the amount the child received in family foster care immediately prior to the adoptive placement. However, the family may have other requests such as post adoption services, referrals for community and/or agency resources, a change of address, etc. Any requests or notifications by the parents are made to the case manager. This is outlined in the adoption assistance agreement. If an adoptive family is unsuccessful in making contact with the case manager, they should contact the supervisor or county director. Georgia DFCS, DHR county contact: 22. What are the exact steps a family must go through to access the fair hearing/appeal process in Georgia? Adoptive families can request a fair hearing any time there is a disagreement with a DFCS decision affecting their child’s adoption assistance agreement. Parents are directed to contact their local county Department of Family and Children Services to request a fair hearing. All requests must be made in writing and provided to the county DFCS case manager who will send a formal referral to the Legal Services Department of DHR for processing. DHR in turn forwards the request to the Office of State Administrative Hearings. The Office of State Administrative Hearings will notify the family, in writing, of the date and location of the hearing. Hearings are usually held in the county of residence of the petitioner. Requests for an administrative hearing by telephone are possible. The request for a telephone hearing must be made in writing to the fair hearing officer identified in the hearing notice. Georgia DFCS, DHR county contact: After the bureau of state hearings receives a request for a fair hearing, a notice giving the date, time, and place of the hearing is sent to adoptive parents. This notice will be sent at least ten days before the hearing. The notice also will tell parents what to do if they cannot come to the hearing as scheduled. Families may bring witnesses, friends, relatives, or a lawyer to help them present their case. The hearing officer will listen to both sides but will not make a decision at the hearing. Instead, parents will receive a written decision in the mail, issued by the hearing authority, a few weeks later. Parents should receive a hearing decision within ninety days of their hearing request. The hearing officer will record the hearing so that the facts are taken down correctly. After the hearing decision is issued, parents can get a free copy of the tape by contacting the hearings section. If parents disagree with the hearing decision, the written decision sent to them will explain how to ask for an administrative appeal of the decision. See the Office of State Administrative Hearings regarding Procedural Rules and Legal Resources: http://www.osah.ga.gov/documents/procedures/rules%20of%20procedure.pdf 23. Families may request a subsidy after the finalization of an adoption under certain circumstances. Below is the process by which families access a subsidy after finalization. In order to start the process, families should contact the county where they live or contact Adrian Owens at 404-657-3558.
24. How is the subsidy program operated and funded in Georgia? The system is state supervised in terms of policy writing, consultation, and some training. Counties administer the adoption program. All adoption studies and life histories are registered with the state adoption exchange. Initial applications for adoption assistance and requests for non-recurring adoption expenses are approved at the county level. All requests for special services adoption assistance are approved at the state level. The federal contribution to Title IV-E-eligible children is 63.10% in Georgia. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded entirely with state funds. 25. Below are other programs that may delineate Georgia's adoption assistance program from others around the country. Georgia does not pay college tuition for adopted children. However, they pay state-funded adoption assistance between ages 18 and 21 if the child is still a full-time student and s/he was placed at or after age 13. Georgia pays state-funded adoption assistance through high school or to age 21, whichever comes first. |
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North American Council on Adoptable Children (NACAC)
970 Raymond Avenue, Suite 106
St. Paul, MN 55114
phone: 651-644-3036
fax: 651-644-9848
e-mail: info@nacac.org
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