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Oregon State Subsidy Profile Updated March 2007 State Subsidy Contact Person Angela Cause or Ann J. Bennett NACAC Subsidy Representative (parent/volunteer) Danielle Vander Kooy 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.oregon.gov/DHS/children/adoption/ Oregon’s state-specific medical assistance: http://www.oregon.gov/DHS/healthplan/index.shtml and Oregon Health Plan client information: http://www.oregon.gov/DHS/healthplan/clients/main.shtml. Oregon’s adoption assistance: http://www.oregon.gov/DHS/children/adoption/ Oregon Adoption Assistance Handbook
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 and legally free for adoption. 3. The maximum basic monthly adoption assistance maintenance payment in Oregon is: The maximum is the amount of foster care payments that would be paid for the child in foster care. The rate of the monthly payment cannot exceed what the child would currently require if placed in family foster care. However, not all services and activities covered in foster care reimbursement are allowable in Adoption Assistance. Therefore, the amount of Adoption Assistance can be, and often is, less than foster care.Current base foster care rates:
4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Oregon offers these rates, the criteria used to define them are as follows: Rates are negotiated on a case-by-case basis. There is no list of specific criteria 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. Families can be reimbursed for reasonable and necessary attorney fees and other costs required to legally finalize an adoption of a special needs child. Costs can include an adoption home study, health and psychological exams, transportation, and the costs of lodging and food for the child and the adoptive parents when necessary to complete the adoptive process, and not covered by another source such as interstate compact. The reimbursement limit is $1,500 per child (including attorney fees). 6. What Medicaid services are available in Oregon? The state contact person is Judy Calvo, 503-945-6930.state contact person is Judy Calvo, 503-945-6930. 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 inOregon. Below is information on the Medicaid benefits available for state-funded children. Oregon joined ICAMA on October 1, 1999. We now provide medical cards for all state-funded children residing in Oregon, with a valid adoption assistance agreement with another state. We require the 6.01 ICAMA form to be sent to set up this medical card. 8. What mental health services are provided by your State? Public mental health services for children in Oregon are administered by the Department of Human Services (DHS), Office of Medical Assistance Programs (OMAP), Addictions and Mental Health (AMH) through the Community Mental Health Services Program and the Intensive Mental Health Services Program. Community Mental Health Programs could include the following examples: individual, group, and family psychotherapy; crisis intervention; parent training; follow-up of hospitalized youth and case management; consultation to families, school, and other agencies; specialized services to families; prescription medication; and respite. Intensive treatment services include the following examples: children’s treatment services at the Secure Children's Inpatient Program; Secure Adolescent Inpatient Program; psychiatric day treatment services; psychiatric assessment and evaluation services; sub acute treatment; and psychiatric residential treatment Services (PRTS). In October 2006, the Children’s System Change Initiative began with a focus on community-based services. Publications on child and adolescent mental health include: Frequently Asked Questions (FAQs) About Intensive Community Based Treatment and Support Services: http://www.oregon.gov/DHS/mentalhealth/child-mh-soc-in-plan-grp/faqs-update.pdf and Family Voice and Family Choice: Strategies to Ensure Meaningful Family Involvement: http://www.oregon.gov/DHS/mentalhealth/child-mh-soc-in-plan-grp/famworkgrouprprt.pdf Oregon’s mental health overview: and medical coverage for children receiving adoption assistance: http://dhsforms.hr.state.or.us/Forms/Served/DE9050.pdf Crisis hotlines by county: http://suicidehotlines.com/oregon.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? Oregon may provide one-time payments for services approved in exceptional cases as negotiated between DHS and the adoptive family. DHS may authorize these expenses for a limited duration, subject to the agency’s discretion and availability of resources. If necessary, the family will be requested to provide documentation substantiating the need for assistance to DHS. Payment is made to the adoptive family who is then responsible for reimbursing the provider for 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 Oregon are administered by the Department of Human Services (DHS), Children, Adults and Families (CAF) through contract with Northwest Resource Associates, a private provider. Post adoption services include the following examples:
Adoptive families can access these services through the Oregon Post Adoption Resource Center (ORPARC), which provides information/referral services in addition to training and a lending library of books, videos and audiotapes. ORPARC Oregon began a Cooperative Adoption Mediation Program (CAMP) to encourage mediation and assist in search and reunification efforts. Oregon also has a voluntary Adoption Registry and all parties to adoption are informed of its availability. Parents of children receiving in-state funded adoption assistance must contact the local child welfare office intake unit to request services. DHS contact: http://www.oregon.gov/DHS/contact_us.shtml and local offices: http://www.oregon.gov/DHS/localoffices/locations.shtml. Parents may also telephone or write to the Oregon Post Adoption Resource Center at the above address and phone numbers to request services. Provision of services is based on the needs of the child and family and the availability of DHS and community resources. Many private organizations offer a variety of support services. See the ARCH National Respite Network Respite Locator Service, search by state to locate Oregon’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? Yes. 12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services? Placement in residential care can only be accomplished by going through the local DHS branch office or the local Mental Health program. Both programs can refer children to residential programs. For the state to pay for this service the providing program must be licensed and contracted with the Mental Health Division and be a Medicaid provider. Families placing their children in residential care through any other avenue will be held responsible for the cost. Yes, Oregon offers deferred adoption assistance. Deferred adoption assistance agreements provide assurance that the family can request a change in benefits if the need or circumstance arises in the future. The adoptive parents, through the caseworker, must submit an adoption assistance application for what is known as “agreement only” which must be signed by the adoptive parents and the agency prior to adoption finalization. 14. Does Oregon operate a subsidized guardianship program? Yes. The department operates a subsidized guardianship program through its federal IV-E waiver demonstration project. This program is available only to Title IV-E-eligible children. The program is time-limited. At the present time, the program has been extended to March 31, 2009. Detailed information can be found in Oregon’s OAR by accessing the web site: http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-e362.pdf
15. Who makes the final determination of a child's subsidy eligibility in Oregon? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? The initial subsidy discussion is done by the caseworker/adoption worker. An adoption assistance coordinator reviews the adoption assistance application. The coordinator then negotiates the amount with the assistance of the caseworker/ adoption worker. When there is difficulty reaching a negotiated agreement, the coordinator refers the case to a Review Committee. If the family is dissatisfied with the decision of the Review Committee, the family may request a review by the Adoption Services Unit Program Manager. If the family is dissatisfied with the decision of the Adoption Services Unit Program Manager, they are entitled to a contested case hearing before a hearing officer. 16. Will Oregon consider my family income to determine my child's eligibility for an adoption subsidy? No means test is used. 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin at adoption placement. The following criteria must also be met:
The adoption assistance agreement must be complete prior to adoption finalization. 18. Do children adopted from private agencies in Oregon receive the same subsidies as those children adopted from public agencies? Yes. Workers must provide recruitment efforts to establish IV-E eligibility for children, and get a court order determining that returning to the biological home is “contrary to the child's best interests.” The court order must occur within six months of an out-of-home placement when there is a voluntary relinquishment. The child must also meet “special needs” criteria. 19. When my child turns 18, which benefits, if any, are available to our family? Subsidy payments shall not be made after the child reaches 18 years of age. Oregon’s 2001 Legislature passed a measure providing payment for on-going education for foster children and former foster children under certain circumstances. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Oregon? Renegotiation of subsidy payments can be requested at any time. Documentation of increased need is required. 21. Can adoption assistance agreements be modified if requested by adoptive parents? Adoptive families may request a change in the adoption assistance agreement when there is a change in the circumstances of the family or the needs of the child. Families may request renegotiation any time by contacting their Adoption Assistance Coordinator. There is no specific form and requests are to be mailed to the assigned adoption assistance coordinator. The family must submit a written request for change that describes the change in family circumstances or the needs of the child to their adoption assistance case manager. The request for renegotiation of the agreement must also specify the services or goods sought to meet the new need and estimate their cost. The adoptive family may also be asked to provide documentation that supports their request for renegotiation of the adoption assistance agreement. Disputes over renegotiation of the adoption assistance agreement are resolved through the Appeal Procedures of Adoption Assistance. For a detailed explanation of the fair hearing process in Oregon, see Question #22. Send requests for change in the adoption assistance agreement to the following address: Department of Human Services Contact local DHS offices: http://www.oregon.gov/DHS/localoffices/locations.shtml. 22. What are the exact steps a family must go through to access the fair hearing/appeal process in Oregon? Adoptive parents can request a fair hearing whenever they disagree with a DHS decision that affects their child’s adoption assistance benefits. First, a resolution is sought with the adoption assistance coordinator. If the family and the adoption assistance coordinator cannot reach agreement, the family may verbally request a review of the case by the Adoption Assistance Review Committee. If the family is not satisfied with the recommendation of the Review Committee, they may request, in writing, that the Adoption Program Manager review the case file and make a decision. If the family remains unsatisfied, they may then appeal, in writing, this decision to a Fair Hearing before an administrative law judge. There is no mandatory form that adoptive parent(s) must use to request a fair hearing. Requests must be made within thirty days of the receipt of an adverse decision. Hearings are conducted by what are known as Administrative Law Judges (ALJs). The Department of Human Services is represented legally by the Oregon State Attorney General’s Office. Adoptive families have the right to be represented by legal counsel and to bring witnesses to support their case before the ALJ. Requests for fair hearing must be written and sent to the following address: Department of Human Services Contact local DHS offices, link: http://www.oregon.gov/DHS/localoffices/locations.shtml. See the Oregon Administrative Rules, OAR, Section 413-130-0120 for complete information on the fair hearing process, See also, Oregon’s Child welfare policies, Oregon Administrative Rules and Protocols: 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. Adoptive parents may request the opportunity to apply for adoption assistance after the adoption has been finalized by submitting a written request to the adoption assistance program. The request should include relevant information and available documentation about the adoption that will assist the staff in determining eligibility. Within 30 days of receipt of the written request, staff will determine whether the child meets the Title IV-E eligibility requirements. Using the information submitted by the adoptive parents plus information available from existing records, the staff will assess whether the case meets the “extenuating circumstances” criteria for federal post-adoption assistance eligibility as well as basic program eligibility. For eligible cases, a fair hearing is scheduled per federal requirements. For non-IV-E cases, the Adoptions Manager reviews and makes the decision.
System Operation and Program Funding 24. How is the subsidy program operated and funded in Oregon? The program is centrally administered and budgeted from the state office in Salem. Each branch office and private agency has subsidy application forms and submits completed forms to the central office. All annual reviews, agreements, nonrecurring expenses, and training for public and private agency staff are handled in the central office by the adoption assistance staff. The federal contribution to Title IV-E-eligible children is 61.07% in Oregon. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is paid for with state general funds. 25. Below are other programs that may differentiate Oregon 's adoption assistance program from others around the country. There are benefits for foster children through the Independent Living Program, and more limited benefits for children who were previously in foster care and currently adopted. For more information, go to: www.oregon.gov/DHS/children/teens/ Oregon’s tax credit expired at end of 2005. There is legislation currently being considered so there is no definitive answer at this time. Oregon’s Department of Revenue can be accessed at http://www.oregon.gov/DOR/ The Department of Human Services partners with Portland State University to offer a Post-Graduate Training Certificate in Therapy with Adoptive Families. This is specialized training for mental health therapists with focus on adopted children and their families. For more information, email: kellieh@pdx.edu
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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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