NACAC | Adoption Subsidy

Diane Savage
DCYF
560 Wood Street
Bristol, RI 02809
Phone: 401-254-7020
Fax: 401-254-7068
E-mail: Diane.Savage@dcyf.ri.gov

Patti Nenna
Adoption Rhode Island
500 Prospect Street
Pawtucket, RI 02860
Office: 401-724-1910
Fax: 401-724-9443
E-mail: PNenna@cox.net

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.

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 to be eligible for adoption assistance. If a child is at high risk of developing a medical condition or a physical, emotional or mental disability, based upon family background or history, they may be eligible for deferred adoption assistance. See Question #13 for information on deferred 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 Rhode Island is:

Age	Rate
0-3	$100.73/week
4-11	$95.48/week
12+	$110.53/week

Specialized rates:
Established on a case-by-case basis.

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

We have a Computerized Information System that includes a Foster Care Payment Assessment (FCPA) mechanism. The FCPA represents a performance-based contracting system for foster homes and an automated system for calculating the rates that are to be paid. It was designed specifically for DCYF as a means of rationalizing payments to foster parents, based on each individual child’s needs. The purpose of the FCPA is to assist caseworkers and foster parents to make rational and equitable determinations about the reimbursement each family will receive in exchange for a specific set of activities a family will be expected to perform on behalf of a child placed in their care. The FCPA is also utilized to determine the maximum amount of adoption assistance that the child would be eligible for at the time of the adoption.

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.

Examples of reimbursable nonrecurring adoption expenses include: adoption fees; court and attorney fees; costs of the adoption home study (including necessary health and psychological examinations); costs of supervision of an adoptive placement prior to finalization; and the reasonable costs of lodging and food for the child and the adoptive parents when necessary to complete the adoption process. Applications must be submitted and processed prior to the finalization of the adoption.

The reimbursement limit is $400 per child.

6. What Medicaid services are available in Rhode Island? Who is the Medicaid contact person in Rhode Island?

Kevin Savage
Medical and Benefits
101 Friendship Street
Providence, RI 02903
401-528-3629

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

Public mental health services for children in Rhode Island are administered by the Department of Children, Youth and Families (DCYF), Division of Children’s Behavioral Health and Education and include the following examples: diagnostic assessment services, day treatment, residential counseling centers, residential treatment, psychiatric hospitalization, educational services, and prescription medication.

The Division of Children’s Behavioral Health and Education is responsible for the design, implementation, and monitoring of a continuum of therapeutic and clinical services to seriously emotionally/behaviorally disturbed children and youth, as well as providing programs aimed at maintaining healthy family functioning through an array of community-based therapeutic/supportive services. Children who are placed in the custody of the Department due to abuse, neglect, and dependency, as well as children who remain in the custody of their parents or legal guardians, are eligible for these services. Most of these services are delivered in community-based settings, and are accessed primarily through the eight Community Mental Health Centers. Children’s Behavioral Health and Education: http://www.dcyf.state.ri.us/cbh.htm.

The Project REACH federal grant provides funding for non-traditional wraparound services through local coordinating councils established in each of the eight Community Mental Health Center catchments areas. These local coordinating councils have evolved from the Child and Adolescent Service System Program (CASSP), which provided a community-based family-focused, inter-disciplinary model for providing care coordination for seriously emotionally disturbed children and youth. Additionally, these REACH funds have enhanced the service capacity within the CIS programs, providing more counseling and home-based services for children and families. The REACH federal grant was a five year $15.8 million research-based service implementation grant awarded in 1994 from the Center for Mental Health Services, providing the Division of Children’s Behavioral Health about $3-million annually.

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?

Rhode Island offers Other Services. Funding is available for medical needs not covered by the family’s private insurance or Rhode Island Medical Assistance (Medicaid). The need for this service must be substantiated and included in the adoption assistance agreement. Services include the following examples: day care, respite, and psychological/emotional/behavioral counseling.

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 Rhode Island are administered and provided by the Department of Children, Youth and Families, Division of Family Services, and through community services and parent organizations. Post adoption services include the following examples:

Eligibility for childcare services is based upon family income and the need for care. In the event an adoptive parent(s) is not found eligible for childcare services through DCYF, the adoptive parent(s) may apply to this Department for childcare services for a child up to the age of six (6) as part of the adoption assistance agreement. The adoptive parent(s) must provide verification of denial of eligibility for childcare services through DCYF. If an adoptive parent has questions regarding adoption assistance, the Adoption Services Unit is available to help the family, including assisting with referrals for community services. The DCYF provides many of the same services to families adopting older/special needs children as would be provided by private adoption agency. Examples of these services include: preparation of the children to help them understand and accept the adoption experience, preparation of the family to help them gain an understanding of the children’s past experiences, on-going supervision from Family Service Social Worker knowledgeable in community resources that will help access services.

Respite Care—primarily for medically needy children. Respite care can be accessed for other children (i.e., children with severe behavior problems) through the adoption subsidy administrator. Negotiations must be done before finalization with the social worker who is preparing the subsidy. Parents are also encouraged to access respite services through their local mental health agency. In addition, several organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate Rhode Island’s respite programs: http://www.respitelocator.org/.

Adoptive Families in Action provides educational functions and supports to adoptive families in the Cranston area, contact person, Paul Wynn, phone 401-944-2342.

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?

It is recommended that parents identify these services in the subsidy agreement at the time of finalization (even if services are not currently needed, but may be in the future). These services can be negotiated after finalization, but it is difficult to do so. The Department will give consideration to post-finalization request for these services; approval will be based on case-specific considerations.

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

Costs may be assumed by the Department on a prior-approval basis after all other available funding (e.g., adoptive parents' medical coverage, funding by local educational authorities, etc.) is fully utilized. The Department meets with the family to negotiate continued adoption assistance based on the needs of the child and the parent’s continued financial and legal responsibility for the child. If the child needs more intensive services and they are not funded by other sources, the parent may sign a Voluntary Placement Agreement with the Department for assistance with continued funding.

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

Yes, Rhode Island offers deferred adoption assistance. A child at high risk of developing a medical condition or a physical, emotional or mental disability, based upon family background or history, may be eligible for deferred adoption assistance, which would include medical assistance without financial assistance. In the event a disability, based upon family background or history, is diagnosed in the future, the child may then be eligible to receive financial assistance. For a child to be eligible to receive deferred adoption assistance, an adoption assistance agreement must be created, signed, and approved prior to the finalization of the adoption. The specific background factor(s) or family history that might place the child at risk for future problems must be included in the adoption assistance agreement.

Yes. For information, contact the adoption subsidy administrator (401-254-7020).

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

The Title IV-E Eligibility Unit determines if a child is eligible for federal or state funding. Initial determinations of eligibility for subsidy (State or IV-E) are made by the primary caseworker and supervisor.

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

Family income is not considered for eligibility purposes, but may be considered in determining the amount of subsidy.

Adoption assistance payments and benefits may begin after adoption finalization.

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

Yes, but it is determined on a case-by-case basis and the child would need to meet the eligibility criteria of the subsidy program. Private agency subsidies are very rare.

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

Adoption assistance payments are terminated when a child reaches 18 and 21 if the child has a physical or mental disability.

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

The Department will review all subsidies annually to re-determine continued eligibility. The Recertification of Subsidized Adoption and cover letter are sent to adoptive parents four to six weeks prior to the anniversary of the finalized adoption. Adoptive parents are asked to respond within 30 days. If the Coordinator receives no response within this 30-day period, a second letter is sent. If there is no response within 30 days of the second correspondence, a letter is sent by the Coordinator to the adoptive parents informing them that adoption assistance will be terminated.

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

Adoptive parents or the Department of Children, Youth and Families (DCYF/Department) may request an adjustment in the adoption assistance payment at any time during the term of the Adoption Assistance Agreement. To request a change in an adoption assistance agreement, a written request must be submitted to the adoption services unit, Adoption Subsidy Coordinator, with documentation attached that supports the request for change. A request for new or additional post adoption services is a change in the adoption assistance agreement and must be forwarded in writing to the Adoption Services Unit with supportive documentation attached to the request. Contact the Adoption Services Unit by phone: 401-254-7021 or send requests for change to the following address:

Situations that may justify an increase or decrease in payments or services include:

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

Adoptive parents can request a fair hearing whenever a DCYF decision affects their child’s adoption assistance benefits. Requests for fair hearing are made by filling out a written request for fair hearing form sent by the DCYF in response to a decision affecting adoption assistance benefits. Parents are directed to complete and return the form to their adoption assistance worker or Adoption Assistance Coordinator. Parents must then be available for the fair hearing when scheduled. A fair hearing will be scheduled and parents will be notified of its date, time, and place.

(See Page 2 for information on the first step in the hearing process, known as Supervisory and Divisional Appeals, and Page 4 through 6 for information on the second step in the hearing process, The Formal Hearing, for complete information on the fair hearing process.)

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.

The family, or the agency that handled the adoption, would submit a written request for Post-Finalization Adoption Assistance. The family and/or their agency would be expected to provide facts and documentation pertinent to the child’s eligibility for adoption assistance at the time of the adoption, along with any explanation as to why adoption assistance had not been offered previously. The request would be reviewed by the Adoption Subsidy Coordinator and then would be submitted for administrative review and Fair Hearing.

The program is state supervised/state administered. This means that both policy and eligibility decisions are made by personnel at the state office.

The federal contribution to Title IV-E-eligible children is 54.45% in Rhode Island. 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 differentiate Rhode Island's adoption assistance program from others around the country.