Adoption
Subsidy

Louisiana State Subsidy Profile

Updated November 2007

State Subsidy Contact Person

Genita Hunter
Department of Social Services (DSS)
Office of Community Services
333 Laurel Street, P.O. Box 3318
Baton Rouge, LA 70821
Phone: 225-342-2844
Fax: 225-342-9087
E-mail: ghunter1@dss.state.la.us

NACAC Subsidy Representative (parent/volunteer)

Pam Bolke
LA Foster/Adopt Parent Association
4368 Rose Garden Circle
Zachary, LA 70791
Work Phone: 225-928-9398
Work Fax: 225-928-9490
E-mail: PBolke1@yahoo.com

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.dss.state.la.us/departments/ocs/Adoption_Services.html

Louisiana’s state-specific medical assistance links:

http://www.dhh.state.la.us/offices/?ID=92

Louisiana’s adoption assistance links:

No such link.

1. What specific factors or conditions does your State consider to determine that a child cannot be placed with adoptive parents without providing financial assistance? ("What is your State definition of special needs?")

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:

1. African American male infant or older; African American female five years of age or older; Caucasian male eleven years of age or older; Caucasian female twelve years of age or older
2. Ethnicity
3. Member of a sibling group of two or more children who should not be separated
4. Physical, mental or emotional disability
5. Medical condition
6. Significant, chronic, or genetically predisposed medical or mental health risk factors in child’s birth family history

Provisions for exceptions to the definition of a “special needs” child may be made on a case-by-case basis.  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 in the custody of the state of Louisiana (foster care). Additionally, the adoptive family must undergo an income analysis often referred to as a means test. The income analysis is conducted to determine whether or not a prospective adoptive family’s annual income exceeds the State’s eligibility requirements to qualify for state funded maintenance subsidy for adoption of a special need child.

3. The maximum basic monthly adoption assistance maintenance payment in Louisiana is:

Specialized rates are established in foster care. There is a cap of $258/month added to the regular rate for children previously receiving the specialized foster care rate. For details as to what types of impairments or disabilities fall into specialized category, families should contact their local adoption worker, or their regional adoption supervisor or district supervisor.

There is a cap of $240/month for children who were receiving the regular specialized foster care rate.

4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Louisiana offers these rates, the criteria used to define them are as follows:

Specialized rates are established in foster care and the cap of $258/month is added to regular rate. For details as to what types of impairments or disabilities fall into a specialized category, families should contact their local adoption worker, or their regional adoption supervisor or district supervisor. (Louisiana would prefer to share this information directly with families).      

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.

Reimbursable expenses include legal fees, court costs, revised birth certificates, and possibly agency fees. The amount of payment for nonrecurring expenses shall be determined through agreement between the adopting parents and the Office of Community Services. There must be no means test. Families must have signed a subsidy agreement prior to or at the time of final decree of the adoption to be eligible. International adoptees are not eligible.
           
The reimbursement limit is $1000 per child.

6. What Medicaid services are available in Louisiana?

A Medicaid Services Chart (updated June 2007) lists various service areas and contact numbers for individuals to call for more information.  (Look below for a partial list.)  To access information on-line, go to the following links:

http://www.dhh.louisiana.gov/offices/?ID=119

http://www.dhh.louisiana.gov/offices/page.asp?id=92&detail=6736

Or, please call Mr. Rhett Decoteah, program specialist at the Bureau of Health Services Finances, Louisiana Department of Health and Hospitals, with questions about Medicaid services at 225-342-5774.

• HIV, Case Management Services— Susan Robinson 225-342-2778, Janet Thomason 225-219-9939
• Infants/Toddlers, Case Management Services—Brenda Sharp 225-342-8820
• MR/DD Waiver, Case Management Services—Becky Palmer 225-342-8843
• Durable Medical Equipment—James Phillips 225-342-3935; Jackie Jackson 225-342-4839; or Sylvia Green 225-342-1247
• EPSDT Case Management Services—Traci Perry 225-342-8223
• EPSDT Dental Services—Terri Norwood 225-342-9403
• EPSDT Personal Care Services—Lynda Wascom 225-342-9485
• EPSDT Psychological and Behavioral Services— Lynda Wascom 225-342-9485
• EPSDT Services – KIDMED—Brian Bagdan 225-342-1461
• Home Health (PT, OT and Speech/Language Therapy—Jackie Jackson 225-342-4839
• Hospital, Inpatient Services—Derek Stafford 225-342-2715; Darlene White 225-342-2119 or Wendy McGraw 225-342-9475
• Hospital, Outpatient Services or Emergency Services—Darlene White 225-342-2119 or Wendy McGraw 225-342-9475
• Laboratory Tests/X-rays—Judy Cain, 225-342-9490
• Medical Transportation (Emergency/Non-Emergency)—Stephanie Young 225-342-2604
• Mental Health Clinics— Pamela Brown 225-342-6255
• Optical Services— For Eyeglasses, Terri Norwood 225-342-9403; all other optical services, Judy Cain 225-342-9490
• Pharmacy Services—M.J. Terrebonne 225-342-9768
• Physician/Professional Services—Judy Cain 225-342-9490
• Podiatry Services— Judy Cain 225-342-9490
• Pre-Natal Care Services— Judy Cain 225-342-9490
• Therapy Services—Brian Bagdan 225-342-1461
• Waiver Services—866-783-5553
• Children’s Choice Waiver—Teresa Frank 225-342-8762
• Rural Health Clinics—Melissa Jacobs 225-342-3870

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 inLouisiana.  Below is information on the Medicaid benefits available for state-funded children.

Yes.  Non-IV-E eligible children are eligible for Medicaid benefits. Non-IV-E children who receive adoption assistance through other states but reside in Louisiana are eligible. This coverage applies to children under age 18 who have special needs for medical, rehabilitative, and mental health services.

8. What mental health services are provided by your State?

Public mental health services for children in Louisiana are administered by the Department of Health and Hospitals, Bureau of Health Services Financing (Medicaid). Mental health services are provided through the EPSDT Psychological and Behavioral Services Interim Program for eligible children. Services include the following examples: evaluations, family education and training, clinical intervention, periodic follow up, linkages to emergency mental health services in crisis situations, and psychological services.

See the Office of Public Health Topics under mental health to link to the Office of Mental Health at the following link: http://www.dhh.state.la.us/offices/?id=62.

Or phone the Referral Assistance Hotline at 877-455-9955.  See Louisiana Medicaid’s general link at: http://www.dhh.state.la.us/offices/?ID=92.

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?

Louisiana provides additional services to meet the special pre-existing needs of child receiving adoption assistance through its Special Service Subsidies.  Special Service Subsidies are authorized when no other resource or benefit, public or private, is available to meet the child’s anticipated need for a specific service(s).  Service needs are assessed and documented by a specialist and should include treatment type, duration and cost.  If it is determined that the child’s condition or circumstance make it difficult to predetermine treatment costs, service funding may be granted for an unspecified sum. 

Special Service Subsidy includes the following examples:

1. special medical costs  (surgical costs, prescription medication, drugs, physical therapy, etc.) in connection with any physical condition which existed prior to the date of the judgment of adoption;
2. special dental/orthodontic, psychiatric/psychological care, customized physical devises/special equipment, prosthetic devices or physical or speech therapy costs that are associated with a pre-existing condition;
3. other special services determined to be necessary for the care and education of the child, or training necessary to meet the particular needs of the child.

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 Louisiana are administered by the Department of Social Services, Office of Community Services (OCS) and include the following examples:

1. Information and referral
2. Educational programs
3. Educational materials
4. Support programs
5. Therapeutic intervention
6. Advocacy
7. Respite Care
8. Resource libraries
9. Voluntary Reunion Registry

Louisiana funds ten Family Resource Centers throughout the state and holds yearly adoption conferences sponsored by the Louisiana Adoption Advisory Board. There is no centralized intake or website available that provides information relative to the Family Resource Centers, however specific information can be obtained by contacting the Regional Program Specialist housed in the in the local regional office.

Additionally, several parent organizations such as the Foster/Adoptive Parent Association and the Foster/Adoptive Parent Resource Centers offer adoption support services. 

One such group, F.A.I.R. Visions, Inc. (Foster Adoptive Information & Resources), sponsors support groups in rural areas.

F.A.I.R. Visions, Inc.
610 South 16th Street
Monroe, LA 71202
Phone: 318.340.0230
e-mail: kirp50@juno.com.

The Offices of Community Services (local regional offices) link: http://www.dss.state.la.us/departments/ocs/OCS_Directory.html.

Many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate Louisiana’s respite programs: http://www.respitelocator.org/.

Note: Not all services may be available in all cases. Contact your adoption assistance worker, post adoption services specialist, or local regional office 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?

Yes.

12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services?

The adoption assistance program does not provide payment for residential care. If services are Title XIX eligible, they may be accessed through Medicaid.

13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Louisiana offer such agreements?

No, Louisiana does not offer deferred adoption assistance.

14. Does Louisiana operate a subsidized guardianship program?

Louisiana offers a kinship care subsidy program (effective 3/1/2000) to provide cash assistance for eligible children who reside with qualified relatives other than biological parents.  For more information, contact Martha Walton at 225-342-4069.

Programmatic Procedures

15. Who makes the final determination of a child's subsidy eligibility in Louisiana? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation?

In the past, the State Office Adoption Subsidy Program Manager approved all subsidy cases. Recently, the majority of this responsibility has been transferred to the Regional Offices. All regions must provide copies of approvals to the Program Manager in the State Office for review and necessary consultation. The Program Manager is still responsible for approvals of subsidies post-finalization, private agency requests, and independent (no agency involvement) adoption subsidy requests.

16. Will Louisiana consider my family income to determine my child's eligibility for an adoption subsidy?

Family income is considered for non-IV-E eligible children. A family’s eligibility for non-IV-E maintenance subsidy is determined by comparing its annual gross income (including non-taxable income such as Social Security benefits, VA benefits, unemployment compensation, public assistance, and any regular income available to the adoptive child) to a scale based on 115 percent of the Louisiana median income.

Note: There may be unique case circumstances that warrant requests for exceptions to established policies on maximum family income.

17. When do subsidy payments begin?

Adoption assistance payments and benefits may begin on the first day of the month following the month in which the adoption petition is filed with the court.

18. Do children adopted from private agencies in Louisiana receive the same subsidies as those children adopted from public agencies?

Federally funded services are available, but very few (if any) children qualify for them because the criteria for children in the custody of private agencies are difficult to meet. These children are not eligible for special service subsidies.

19. When my child turns 18, which benefits, if any, are available to our family?

None.

20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Louisiana?

The review process may occur anytime between one and five years for Title IV-E eligible children.  Families with children classified as Title IV-E eligible must complete an application and verify proof of continued custody.  Families with children classified as non- IV-E must submit their prior year income verification, complete application, and verify proof of continued custody.

21. Can adoption assistance agreements be modified if requested by adoptive parents?

Adoptive families may request changes to the adoption assistance agreement at any time and whenever the needs of the child or the circumstances of the family change.  Adoptive parents are directed to contact their adoption assistance worker in the region of origin to discuss these changing circumstances and to request a modification to the adoption assistance agreement as needed. The Offices of Community Services directory link is: http://www.dss.state.la.us/departments/ocs/OCS_Directory.html.

Federally funded adoption assistance (Title IV-E) must be reviewed at least every five years up until the child turns eighteen years of age. State funded adoption assistance must be re-determined at least annually until the child turns eighteen years of age.

22. What are the exact steps a family must go through to access the fair hearing/appeal process in Louisiana?

Adoptive parents who are in disagreement with the agency’s (OCS) decision relative to their adoption assistance application request, or who feel that their civil rights were violated in the process, may appeal the agency’s decision by requesting a fair hearing. The adoption assistance application and notification of decision provide directions for this process. The fair hearing process is thoroughly reviewed with all adoption assistance applicants by the adoption assistance worker as a matter of agency practice. The adoption assistance application form itself may be used to request a fair hearing appeal.  Requests are to be made in writing by the adoptive parent within thirty (30) days from receipt of their written notification of the agency’s final adoption assistance decision. Upon notification of the adoptive parent’s request, the Appeals Section will schedule the fair hearing and notify all concerned parties in writing of the hearing date, time and location. Adoptive parents may represent themselves at the hearing, or they may authorize someone else to assist them, such as legal counsel, relative, friend or other spokesperson.  Fair Hearing decisions are binding.

Adoptive parents may send their appeal requests either to the local regional Office of Community Services or directly to the following address:

DSS Appeals Section
P.O. Box 2944
Baton Rouge, Louisiana, 70821

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.

Families may access a subsidy after finalization if the child was previously in the State Foster Care System. Approval or disapproval is based on one or more of the following criteria:

1. Relevant facts regarding the child, biological family, or child’s background were known or unknown but not presented to the adoptive parents prior to finalization;
2. Erroneous denial of the subsidy based upon a means test;
3. Erroneous determination by the State that a child is ineligible for Title IV-E adoption subsidy; or
4. Failure by the State Agency to advise adoptive parents of the availability of the adoption subsidy.

To start the process, families should initially contact the Adoption Specialist in the Regional Office. The specialist will complete the application process and submit it to the State Office Adoption Subsidy Program Manager for a decision.

System Operation and Program Funding

24. How is the subsidy program operated and funded in Louisiana?

State supervised/region or parish administered. Louisiana is divided into State and Regional Offices. The State Office makes policy and indirectly supervises the Regional and Parish Offices. Parish offices work directly with families.

Louisiana operates a separate state-funded subsidy program for children who are not Title IV-E eligible. This program is funded with all state dollars. Basically, the same rules apply to both programs, except that a means test is used when considering state-funded monthly maintenance subsidies.

The federal participation rate for Louisiana’s Title IV-E maintenance assistance payments is 72.47%. The remaining portion of the costs is funded with state dollars.    

25. Below are other programs that may differentiate Louisiana's adoption assistance program from others around the country.

In the case of a deceased adoptive parent, the state continues to provide assistance to legal guardians in state-funded subsidies.

As a result of 2001 legislation, Louisiana offers in-hospital mental health services in subsidy agreements executed after Sept. 1, 2001 under the following conditions:

1. Funding is appropriated by the legislature for such services (currently unfunded);
2. The child had to be in the custody of DSS at the time the subsidy agreement was signed;
3. Services will only be for acutely medically in-hospital mental health treatment; and
4. The child is not eligible for, or has otherwise exhausted benefits under Medicaid, LA CHIP, or any other benefit/insurance plans.

IV-E Maintenance—Not related to family income level. Payments are made up to a maximum of 80 percent of the regular monthly foster care board rate. Special board rates may be applied where appropriate.

Non-IV-E Maintenance—Payments are related to the income level of the family. Payments are made up to a maximum of 80 percent of the regular monthly foster care board rate. Special board rates may be applied where appropriate.