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Virginia State Subsidy Profile

Updated July 2012

State Subsidy Contact Person

Phyl Parrish
Acting Permanency Program Manager
Virginia Department of Social Services
801 E. Main Street, 11th Floor
Richmond, VA 23219
804-726-7926
Fax: 804-726-7895
phyl.parrish@dss.virginia.gov

NACAC Subsidy Representative (parent/volunteer)

Kathy B. Sauter
Vice President, Adoption
FACES of Virginia Families
3900 West Broad St
Richmond, Virginia 23230
H: 804-693-4753
C: 804-815-8981
Toll Free: 877 VA FACES (877-823-2237)
E-mail: ksauter@facesofvirginia.org
Web: www.facesofvirginia.org

 


What Is Adoption Subsidy?

Parents who are thinking about or are in the process of adopting a child with special needs from foster care should know about adoption assistance (also known as adoption subsidy). Federal (Title IV-E) and state (often called non-IV-E) adoption assistance programs are designed to help parents meet their adopted children’s varied, and often costly, needs. Children can qualify for federal adoption assistance or state assistance, depending on the child’s history. Adoption subsidy policies and practices are, for the most part, dependent on the state in which the child was in foster care before the adoption.

Below is information related to definitions of special needs, benefits available, and procedures in Virginia. 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 other states’ subsidy programs are available. If you have additional questions, please contact NACAC at 651-644-3036, 800-470-6665, or 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.

For more information on Title IV-E eligibility, view our fact sheet Eligibility and Benefits for Federal Adoption Assistance.

Adoption resources on the web:
http://www.dss.virginia.gov/family/ap/index.cgi

Virginia state-specific medical assistance information:
http://www.dss.virginia.gov/benefit/medical_assistance/

Code of Virginia, Title 63.2, Chapter 13 Adoption Assistance for Children with Special Needs, §63.2-1300 through §63.2-1304
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC63020000013000000000000

Virginia Administrative Code 22VAC40-260-10 Definitions and 22VAC40-260-20 Subsidy (click next to scroll the VAC)
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+22VAC40-260

Virginia DSS Adoption Assistance Manual
http://www.dss.virginia.gov/family/ap/manual.cgi


Who is Eligible for Adoption Assistance or Subsidy?

1. How does Virginia define special needs to determine eligibility?

The child must be under 18 years of age, in the custody of a local department of social services or a licensed child placing agency at the time the petition for adoption is filed, legally free for adoption through termination of all parental rights, and placed by the agency with the prospective adoptive family for the purpose of adoption.

In addition, the child must have one or more of the following individual characteristics:

  1. Physical, mental, or emotional condition existing prior to legal adoption
  2. Hereditary congenital problem or birth injury that could lead to substantial risk of future disability
  3. Six years old or older
  4. Minority or mixed racial heritage
  5. Member of a sibling group that will be placed together at the same time
  6. Significant emotional ties with foster parents with whom the child has resided at least 12 months when adoption is in the child’s best interest and when adoption assistance is necessary to complete the adoption with these foster parents [When this criteria is the child’s only characteristic, the child receives state-funded adoption assistance only.]

A child who is SSI eligible qualifies as a child with special needs.

2. Does the state-only funded adoption assistance program differ in any way from the Title IV-E program?

Eligibility requirements are the same as above. The child may not be eligible for Medicaid (See question 10).

3. Are children adopted from private agencies in Virginia eligible for adoption assistance?

Yes, if the child meets all eligibility criteria.

What Supports and Services Are Available?

Monthly Payments

4. What is the maximum basic monthly adoption assistance maintenance payment in Virginia?

Age Rate
0-4 $448
5-12 $525
13+ $666

5. Does Virginia provide specialized rates (based on the extraordinary needs of the child or the additional parenting skill needed to raise the child)?

Virginia policy allows for enhanced maintenance payments when the child is determined to require additional daily support and supervision. This determination is made at the time the adoption assistance payment is first negotiated and requires the administration of the Virginia Enhanced Maintenance Assessment Tool (VEMAT). The VEMAT-determined amount is not necessarily the amount the family will receive but is used to negotiate the final adoption assistance payment. The payment cannot be more than the child would have received in foster care.

In addition, the family may receive Special Service Payments—payments to provide special services to a child that the adoptive parents cannot afford and that are not covered by insurance or other sources, including but not limited to: (a) medical, surgical, and dental care; (b) equipment such as prosthetics, braces, crutches, hearing aids, eyeglasses, etc.; (c) individual tutoring or remedial educational services, books, or equipment; (d) psychological and psychiatric evaluations and treatment; (e) speech, physical, and occupational therapy; (f) premiums for major medical insurance policies for a child if the child is not covered by a family policy; (g) residential placement (documentation that less restrictive alternatives have been assessed and ruled out must be maintained).

Payments for special services are negotiated with the adoptive parents taking into consideration alternative resources available to defray costs involved.

6. When do adoption assistance payments begin?

Adoption assistance payments and benefits may begin at adoption placement.

7. When a child turns 18, which benefits, if any, continue?

Adoption assistance payments typically cease when the child reaches age 18. If it is determined by the local department of social services based on documented evidence that the child has a mental or physical disability (or an educational delay resulting from such disability) warranting the continuation of assistance, adoption assistance payments can be made until the child reaches age 21. If the adoption assistance agreement is continued, the child remains eligible for all benefits.

8. Does Virginia offer deferred adoption assistance agreements (agreements where initial monthly maintenance amount is $0 for children at risk of developing special needs later)?

Yes, the state offers conditional agreements with a $0 payment. Conditional agreements are issued when either the child is at risk of developing special needs or the child meets Virginia’s definition of special needs, but the adoptive parents have chosen to not receive adoption assistance benefits at that time. The conditional agreement allows the family to apply in the future for either Title IV-E or state-funded adoption assistance any time before the child reaches age 18.

With a conditional agreement, the state simply issues a Medicaid card for the child.

Medical Care

9. What Medicaid services are available in Virginia?

  • Inpatient hospital
  • Outpatient hospital
  • Rural health clinic
  • Lab and x-ray
  • Nursing facility
  • EPSDT—Early and Periodic Screening, Diagnostic and Treatment Services
  • Family planning
  • Physicians
  • Clinic services
  • Dental
  • Prescribed drugs
  • Prosthetic devices
  • Eyeglasses
  • Rehabilitative services
  • Nurse-midwife
  • Case management
  • Hospice
  • Extended prenatal services
  • Emergency hospital
  • Intermediate care facility for the mentally disabled
  • Physical therapy and related services (PT, OT, speech, hearing and language)
  • Other practitioners (podiatry, optometry, clinical psychology)
  • Home health care nurse, aide, supplies and equipment, PT, OT, speech and audiology)
  • Community mental health services (case management, day treat/part. hospital, crisis intervention, intensive in-home services to children and adolescents, therapeutic day treatment for children, psychological rehabilitation)
  • Community mental retardation services (case management, day health and rehabilitation)

For more information on Medicaid, parents should contact the county adoption worker or unit from which their adoption assistance agreement originated.

Medicaid services are provided through the Department of Medical Assistance Services in Virginia. For more information, visit http://www.dmas.virginia.gov/ or http://www.dss.virginia.gov/benefit/medical_assistance/index.cgi

10. What medical benefits are available for state-funded children? (Children who have federally funded/Title IV-E adoption assistance are automatically eligible for Medicaid benefits.)

Medicaid coverage is automatically provided for IV-E children. Medicaid may be provided for children receiving state-funded assistance when, at the time of placement, the child is receiving treatment for certain medical or rehabilitative conditions. These conditions include but are not limited to: (a) diagnosed physical, mental, and emotional disabilities; (b) diagnosed congenital problems and birth injuries; (c) diagnosed medical conditions that do not require immediate treatment, such as sickle-cell anemia; (d) medical or emotional conditions requiring regular medication, such as epilepsy, allergies, or attention deficit disorders; and (e) severe visual and dental problems requiring non-routine medical treatment.

11. What mental health services are available?

Public mental health services for children in Virginia are administered through the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services through 40 Community Services Board across the state. Services are covered through a family sliding fee, insurance, Medicaid, or a state-funded special services program. For eligible children, Medicaid provides community mental health services such as case management, day treatment/partial hospital, crisis intervention, intensive in-home services to children and adolescents, therapeutic day treatment for children, and psychological rehabilitation for eligible children.

Virginia also contracts with several providers to provide adoption-competent mental health assessment and consultations for children who have been adopted. For the name of these providers, parents should contact Lyndell Lewis at 804-726-7531 or lyndell.lewis@dss.virginia.gov.

Other Benefits

12. In Virginia, what nonrecurring adoption expenses directly related to the finalization of an adoption may be reimbursed?

Parents may be reimbursed up to $2,000 per child for nonrecurring expenses such as: (a) reasonable and necessary fees of adoption agencies; (b) transportation and other expenses incurred by adoptive parents related to the placement of the child (expenses may be paid for more than one visit); (c) court costs related to filing an adoption petition; and (d) attorney fees directly related to finalizing the adoption.

Parents must submit a bill or receipt before payment can be made. Bills or receipts must be submitted no later than six months after the end of the month in which the expense was incurred.

Internationally adopted children are not eligible.

13. Is child care available? If yes, who is eligible and how do families access child care?

Child care is available if it is directly related to the child’s special need. Families can discuss this with their local department of social services at the time adoption assistance is negotiated.

14. Is respite care available? If yes, who is eligible and how do families access respite care?

The adoption assistance program does not specifically cover respite care, but many private organizations offer respite options. Parents can search for Virginia programs in the ARCH National Respite Network Respite Locator Service at http://www.respitelocator.org.

15. Is residential treatment available? If yes, who is eligible and how do families access residential treatment services?

Residential treatment costs may be covered under Medicaid when the eligible child meets the medical necessity criteria of Medicaid or under the Special Service Payments program (assuming that parents can document that less restrictive alternatives have been assessed and ruled out). New requirements for the provision of residential services are forthcoming in fall 2012.

16. What other post-adoption services are available in Virginia and how do families find out more about them?

Post-adoption services in Virginia are administered by the Department of Social Services through the Adoptive Family Preservation Services program oerated by United Methodist Family Services. DSS post-adoption services may include:

  • Information and referral
  • Educational training programs
  • Support groups
  • Respite care
  • Counseling
  • Search services
  • Therapeutic intervention

Parents should contact the Adoptive Preservation Services Program’s Intake and Assessment Team at 888-821-HOPE (4673). Other family and parent organizations also offer post-adoption supports, including the Adoptive/Kinship Parent Group of Southwestern Virginia in Roanoke (http://www.cccofvirginia.org or 540-344-2748) and Fostering Adoptive Families in Charlottesville (http://Bethany.org or 434-979-9631).
Not all services may be available in all cases. Parents should contact their adoption assistance worker or post-adoption services contact for information regarding process, eligibility, availability, and duration of services.

17. If the assistance listed above in questions 12 to 15 are for specific services, must these services be explicitly identified in the adoption assistance agreement?

Yes.


What Should Families Know About Applying for Subsidy?

18. Who initiates the adoption assistance agreement?

The family must initiate the request for adoption assistance. New forms for making these requests will be available in fall 2012.

19. Who makes the final determination on an adoption assistance agreement?

Qualification for adoption assistance payments shall be determined by the local department of social services in accordance with rules and regulations established by DSS.

20. How do families request adoption assistance after finalization of an adoption?

An application for adoption assistance must be submitted within 12 months of a diagnosis of a congenital or hereditary defect. The family may apply for state adoption assistance only. Children for whom adoption assistance applications are made after finalization of adoption are not eligible for Medicaid, unless the family income makes them generally eligible for Medicaid.

Families should contact Lyndell Lewis 804-726-75315 at DSS for more information.


How Can a Family Adjust an Adoption Assistance Agreement?

21. Can adoptive parents ask to change an adoption assistance agreement?

An adoptive parent can request a change in the adoption assistance agreement whenever there are changes in the child’s condition or the parents’ circumstances that warrant a change in the assistance. To request a change, the family should contact the agency that is a party to the agreement and will need to submit a form requesting a review of their adoption assistance. Local offices are listed at http://www.dss.state.va.us/localagency/.

Each year, within 30 days of the anniversary date of the approved agreement, adoptive parents must submit to the local board an affidavit that certifies that the child's condition that required adoption assistance continues to exist. The agency is responsible for notifying parents by mail two months before the anniversary date informing them that the affidavit is due.

22. What steps does a family go through to appeal an adoption assistance decision in Virginia?

Adoptive parents can request a fair hearing any time they believe the local DSS agency has taken inappropriate action in the application of a policy or law. Parents are asked to send a written request to regional hearing authorities. Then, parents are assigned an impartial hearing officer who will review the case, hear their concerns, and make a decision in the matter. Hearing officers are located in the Richmond Central Office, four regional offices (Virginia Beach, Warrenton, Roanoke, Abingdon), and the Lynchburg Child Support Enforcement District Office.

For more information about the appeal of a specific local agency decision, contact the local department of social services office. Local offices are listed in the Government Listings in the phone book under "Social Services" or at http://www.dss.state.va.us/localagency/

For more information on appeals and fair hearings, visit http://www.dss.virginia.gov/division/afh_manual.pdf.


What Else do Families Need to Know?

23. How is the adoption assistance program operated and funded in Virginia?

The program is state supervised/locally administered, which means that staff at the state office make policy decisions about the adoption assistance program and provide guidance to local offices. Local offices make decisions related to children's eligibility.

The federal contribution to Title IV-E-eligible children (the Federal Financial Participation or FFP rate) is 50% in Virginia. The remaining cost of the program is funded with state general funds.

24. Does Virginia operate a subsidized guardianship program?

Not yet. There are plans to implement a program in October 2012.

25. Does Virginia offer a tuition waiver program?

Virginia offers a Tuition Grant Program that covers tuition and fees at any Virginia community college for high school graduates or students who have a general education development (GED) certificate who were in foster care in the custody of a social services agency or were considered a special needs adoption at the time of graduation or GED completion. For eligibility and application information visit http://www.vccs.edu/Students/TuitionGrant.aspx

In addition, the Virginia Education and Training Voucher (ETV) Program may provide up to $5,000 per year for youth in college or a vocational or technical training program. Youth may qualify if:

  1. They are 18, 19 or 20 years old.
  2. They are in foster care or were in foster care as a teenager and are a U.S. citizen or qualified non-citizen.
  3. They aged out of the foster care system at age 18 or were adopted from foster care with adoption finalization after their 16th birthday.
  4. They have been accepted into or are enrolled in a degree, certificate, or other program at a college, university, technical or vocational school and show progress toward that degree or certificate.

To find out more about the specific eligibility requirements, parents or youth can contact their caseworker or:

Letha Moore-Jones
Independent Living Program
Virginia Department of Social Services
7 North Eighth St.
Richmond, VA 23219
804-726-7576 • letha.moore-jones@dss.virginia.gov

26. Does Virginia offer a state adoption tax credit?

No.

27. Does Virginia have any program to support an adoptee whose adoptive parents die until the child is adopted again?

No.

28. What else differentiates Virginia’s adoption assistance program from others around the country?

The adoption assistance program for Virginia is changing as a result of new policy that will take effect in fall 2012. For more information, visit http://www.dss.virginia.gov/family/ap/manual.cgi or contact the local department of social services after September 2012.

 


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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