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Maine State Subsidy Profile Updated March 2007 State Subsidy Contact Person Susan Harris or Virginia Marriner NACAC Subsidy Representative (parent/volunteer) Bette Hoxie Gail Neher 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.state.me.us/dhs/bcfs/fosteradopt.htm, http://www.afamilyforme.org, and http://www.adoptuskids.org/states/me Maine’s state-specific medical assistance links: http://www.state.me.us/dhs/bfi/MaineCare.htm Maine’s adoption assistance links: http://www.cwti.org/Publications/PAR/finance.htm and definition of special needs (an eligibility criterion for adoption assistance) at: http://www.afamilyforme.org/abuse.html 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:
Note: Children must be legally free for adoption and in the custody of the state of Maine or other licensed child-placing agency 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 Maine, Tribes or other licensed child-placing agency. 3. The maximum basic monthly adoption assistance maintenance payment in Maine is: Effective July 1, 2004, rates for adoption assistance are negotiated for each child from $0 to $30 per day. Maine also offers an exceptional medical rate ($1,800/month or $60/day). 4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Maine offers these rates, the criteria used to define them are as follows: The guidelines follow the same levels of care rates as in family foster care. Levels of Care – DefinedLevels of Care (LOC). The following levels of care designations are used to determine the reimbursement rate to be paid to the foster parent.
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. The Department agrees to reimburse adoptive parents for reasonable and necessary nonrecurring adoption expenses, including: adoption fees, court costs, attorney fees, and other expenses (the adoption study, health and psychological examinations, costs of placement supervision prior to adoption, and the costs of transportation and food/lodging necessary to complete the placement process) which are directly related to the legal adoption of an eligible special needs child. 6. What Medicaid services are available in Maine? For information on Maine’s services, contact Bob Thibodeau, 207-287-5054. 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 inMaine. Below is information on the Medicaid benefits available for state-funded children. Non-IV-E children receive the same Medicaid benefits as IV-E children. 8. What mental health services are provided by your State? Public mental health services for children in Maine are administered through the DHS, Bureau of Family Independence. The medical assistance program is formerly known as Medicaid and now called MaineCare. MaineCare medical assistance services include the following examples: psychotherapy, family, play, and group therapy, attachment therapy, neurofeedback, inpatient and outpatient hospitalization, and prescription drugs. Mental Health Resources: http://www.cwti.org/Publications/PAR/MHR.htm. DHHS MaineCare: http://www.state.me.us/dhs/bfi/MaineCare.htm and MaineCare covered services: http://www.state.me.us/dhs/bfi/ See also Maine’s Medicaid (MaineCare) description http://www.cwti.org/Publications/PAR/finance.htm DHHS Behavioral and Developmental Services: http://www.state.me.us/dmhmrsa/ and Child Development, Heath, and Medical Resources: http://www.cwti.org/Publications/PAR/CDSHMR.htm 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? Maine offers the following additional services to children receiving adoption assistance. The services must be explicitly identified in the adoption assistance agreement if the needs are known at the time. It is possible to modify agreements with Central office approval to include specified services after the adoption assistance agreement is drafted. Supplemental Services. Severely handicapped children are eligible for supplemental services, including therapeutic equipment not covered under state Medicaid, therapeutic summer camp (upon professional recommendation) and education beyond high school depending on annual funding allocations. Limited Period Assistance. May be a monthly payment for a limited period of time, or a payment (on a recurring basis for a specified period of time) for medical or mental health costs, such as orthodontia, medical treatment, physical and mental health therapy, etc., or, if the child meets relevant criteria, educational benefits. One-Payment Assistance. A one-time, nonrecurring payment can be made to meet a special need of a child. Examples include payment for an operation necessitated by a child's medical condition, payment of legal fees (up to $400), or payment for special orthopedic devices. 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 Maine are administered by the Department of Health & Human Services through an eight-district system of DHHS and parent-sponsored programs. Post adoption services include the following examples:
Support programs in Maine take several forms. Examples include the following:
Application for children adopted from the Department of Health & Human Services can be made through the District office where the child was adopted or the DHHS office where the child is currently living, and can be made over the phone. DHS office locator: http://www.state.me.us/dhs/DHSaddresses.htm. Adoptive parents can read about the Goals of Post Adoption Support: http://www.cwti.org/Publications/PAR/introduction.htm. Respite Care—No formal program is offered by the adoption assistance program, but respite care can be paid from district allocations of post-legal adoption services funding for eligible children. Additionally, some adopted children qualify for one weekend/month of respite through the Department of Behavioral and Developmental Services. Contact the Department of Behavioral and Developmental Services. It is offered on a first come, first served basis. Many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate Maine’s respite programs, link: 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? Yes—if needs are known at the time. However, it is possible to modify agreements to include specified services with Central office approval. 12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services? In Maine, residential placement or treatment (including specialized foster care provided through a mental health facility or other agency) is presently the legal responsibility of the Department of Behavioral and Developmental Services. The adoption subsidy program provides Medicaid which pays for the treatment costs, the Department of Education pays for the educational costs, and the Department of Behavioral and Developmental Services pays for the remaining “room and board” costs. 13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Maine offer such agreements? Yes, Maine offers deferred adoption assistance. 14. Does Maine operate a subsidized guardianship program? Yes, a new Permanency Guardianship program will be implemented in Maine on April 3, 2006. The subsidy rates will follow the same amounts as offered in Adoption Assistance. This is a state funded program and is offered only to children who have been in the foster care system and the family must meet all of the same requirements as foster and adoptive families. The program is open to relatives as well as non-relatives.
15. Who makes the final determination of a child's subsidy eligibility in Maine? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? The state adoption program specialist (utilizing all information provided by the district office involved) makes the determination. 16. Will Maine consider my family income to determine my child's eligibility for an adoption subsidy? Maine does not use a means test or income scales, but we do follow the federal guidelines of “Adoption Assistance is to be combined with the family’s resources.” 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin at adoption placement. 18. Do children adopted from private agencies in Maine receive the same subsidies as those children adopted from public agencies? Children adopted through the tribes receive assistance if the children are eligible. Children adopted through private agencies may apply for non-recurring adoption expenses if the child is documented with special needs and the agency follows all required recruitment procedures. 19. When my child turns 18, which benefits, if any, are available to our family? Adoption assistance may be provided at state option until age 21 for children if the parent(s) and the Department agree that the need for such support exists. Eligible children are children who (a) are in need of educational benefits or (b) have severe physical, mental, or emotional handicaps. Children falling under category (a) are the usual recipients of this post-majority assistance. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Maine? There shall be an annual review of the need for assistance. At least 60 days prior to the yearly anniversary of the assisted adoption placement, the Department shall send an application for continuation of assistance to the adopting family. The family should then return the application for continuation at least 45 days prior to the yearly anniversary date. If they do not, a second notice will be sent. 21. Can adoption assistance agreements be modified if requested by adoptive parents? An adoptive parent can request a change in the adoption assistance agreement any time there are changes in the needs of the child or circumstances of the family. Requests must be made in writing to the Department and parental documentation of need is required. Documentation is supplied via forms supplied by the Department at the time of request. The adoption assistance agreement specifies:
Send requests to the following address and contact information: Susan D. Harris 22. What are the exact steps a family must go through to access the fair hearing/appeal process in Maine? Any adoptive parent, who has applied for, is receiving, or whose application for adoption assistance is not acted upon in a timely manner, is entitled to appeal the decision through what is known as an Administrative Hearing. Parents must send a written request for an administrative hearing to Maine’s Department of Health & Human Services Commissioner or Adoption Program Manager within ten days of receipt of the contested decision. Maine adoption assistance workers are responsible for making individuals interested in adopting with assistance aware of their rights to appeal Department decisions. Maine’s administrative hearing (fair hearing) process: Adoptive parents have the right to appeal any decision made by the Department concerning Adoption Assistance through an Administrative Hearing procedure. To appeal the Department's decision to increase or decrease adoption assistance benefits, parents must make a written request within ten days from receipt of decision notice, in accordance with the provision of 5 MRSA 1003. Reasons for disagreement with the decision must be given in the request for Administrative Hearing. Failure to respond in ten days will result in this decision becoming final. An Administrative Hearing Officer will review the Department’s decision and a decision will be made. If a parent disagrees with the decision of the Hearing Officer, they have the right to appeal to Superior Court. Send requests for an Administrative Hearing to the following address: Commissioner (or designee) of the Department of Health & Human Services Department of Health & Human Services 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 should contact: Susan D. Harris System Operation and Program Funding 24. How is the subsidy program operated and funded in Maine? The program is state supervised/state administered, with eight district offices. This means that both policy and eligibility decisions are made by personnel at the state office. All caseworkers are in district offices. The federal contribution to Title IV-E-eligible children is 62.90% in Maine. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded entirely with state money. 25. Below are other programs that may differentiate Maine's adoption assistance program from others around the country. State law now permits transfer of adoption assistance benefits to a legal guardian if the adoptive parents die prior to the child reaching age 18. (Effective 8/95)Because of its expansive definition of special needs, Maine qualifies almost all of its children for some level of adoption assistance.
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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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