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Washington State Subsidy Profile Updated February 2008 State Subsidy Contact Person Lonnie Locke LaShonda Proby, ICAMA Administrator NACAC Subsidy Representatives (parent/volunteer) Margie Leon Gaitan
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://www1.dshs.wa.gov/ca/adopt/index.asp Revised Code of Washington Title 26, Chapter 33 (RCW 26.33) http://apps.leg.wa.gov/RCW/default.aspx?cite=26.33 Washington Administrative Code Title 388, Chapter 27 (WAC 388-27) http://apps.leg.wa.gov/WAC/default.aspx?cite=388-27 Washington’s state-specific medical assistance: https://wws2.wa.gov/dshs/onlinecso/Medical.asp and https://wws2.wa.gov/dshs/onlinecso/childrens_medical.asp Washington’s adoption assistance: http://www1.dshs.wa.gov/ca/adopt/how_Cost.asp and http://www1.dshs.wa.gov/ca/adopt/how_supportsummary.asp
"Special needs" means the specific factors or conditions that apply to the child and that may prevent the child from being adopted unless the department provides adoption support services. To be considered a child with special needs the following three statements must be true:
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; is in state funded foster care or was determined by the state to be eligible and likely to so placed. The state must have opened a case and determined that removal from the home was in the child’s best interest 3. The maximum basic monthly adoption assistance maintenance payment in Washington is: Monthly maintenance payments are determined through the discussion and negotiation process between the adoptive parents and department representatives based on the needs of the child and family circumstances. The payment agreed upon must not exceed the amount the child would receive if the child were in a foster family home. 4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Washington offers these rates, the criteria used to define them are as follows: Washington no longer has specialized rates for adoption assistance, per se. The parents and department staff agree upon a rate that must not exceed the amount the child would receive if in a family foster home. Foster Care Rates (effective July 2007):
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. Nonrecurring adoption costs necessary to complete the adoption process shall include: reasonable and necessary adoption fees, court costs, attorney fees, and costs associated with the adoption study, health and psychological examinations, supervision of the placement before adoption, and necessary costs of transportation, food, and lodging. International adoptions are not eligible. The reimbursement limit is $1,500 per child 6. What Medicaid services are available in Washington? The medical needs of a child in the adoption support program shall be met from the department's medical services program. For the purposes of Medicaid, adoption support kids get categorically needy scope of care. The criteria for coverage is medically necessary, safe and effective, and not experimental. For information regarding the medical service coverage provided under the various programs offered by Washington’s Medical Assistance Administration, go to: http://www1.dshs.wa.gov/esa/eazmanual/Sections/ScopeOfCare.htm. 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 inWashington. Below is information on the Medicaid benefits available for state-funded children. Non-IV-E-eligible children receive the same Medicaid coverage and services as IV-E children. 8. What mental health services are provided by your State? Public mental health for children in Washington is administered by the DSHS Mental Health Division (MHD), under their Medical Assistance Programs and includes the following examples: medical/corrective/rehabilitative services such as psychiatric services, counseling, and medical care. The adoption support program can supplement residential or group home treatment with counseling to facilitate transition back home. Requests for psychiatric care require special procedures and are submitted to the Department for approval prior to receipt of services with payments made directly to the service provider. Mental health treatment can be accessed through the publicly funded system for children and adolescents by calling the Regional Support Network (RSN) that serves the county of residence and request the name and phone number of the mental health agency that serves the area. Call the mental health agency for an appointment. They may do a screening over the phone and schedule an intake appointment. Outpatient mental health services are provided by community mental health agencies. Services could be provided at the mental health agency, in-home, or elsewhere in the community. Locate the local Children's Administration office: https://fortress.wa.gov/dshs/caoffices/internetapps/ Contact DSHS: http://www1.dshs.wa.gov/geninfo/contact3.html. See Washington’s mental health links: Mental Health Division (MHD): http://www1.dshs.wa.gov/mentalhealth/ Medicaid Mental Health Benefits: https://wws2.wa.gov/dshs/onlinecso/childrens_medical.asp Mental Health Services for Children and Youth: http://www1.dshs.wa.gov/mentalhealth/mhservicesforkids.shtml Frequently Asked Questions: http://www1.dshs.wa.gov/mentalhealth/parentfaqs.shtml Note: Not all services may be available in all cases. Contact your adoption assistance worker or state medical assistance specialist for 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? No. A family may negotiate for an increase in monthly maintenance to provide needs not covered under state medical plan. The increase must not exceed the amount the child would receive if the child were in a family foster home. 10. What types of post adoption services are available in your State and how do you find out more about them? There are no state funded post adoption services available in Washington. Respite Care—There is no formal respite care program, but the family may be able to increase their cash payment in their adoption assistance agreement to help meet these costs. The family would be responsible for finding a respite care provider. Call 800-562-5682 for more information. If the family is already receiving the maximum cash payment, they will not be able to have respite added. Families may also access respite through their local developmental disabilities office. The Seattle area has a parent support group, Adoptive Friends and Families of Greater Seattle (AFFGS). AFFGS: http://www.affgs.org and phone 206.903.9664. Several private organizations provide respite options throughout the state. See Washington Respite Programs: http://www.respitelocator.org/searchStates.asp. 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? N/A 12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services? With appropriate adjudication, the state pays for residential treatment for eligible children. (Paid through local DCFS offices. Call the nearest office for more information.) Each region handles residential treatment differently. Call the state adoption office (800-562-5682) with problems or questions. 13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Washington offer such agreements? Yes, Washington offers deferred adoption assistance. Adoptive parents can enter into an adoption assistance agreement with a zero amount (no payment) in the same way they enter into an Adoption Assistance agreement. 14. Does Washington operate a subsidized guardianship program? No. Washington has dependency guardianships with a licensed caretaker (relative or non-relative). The licensed caretaker/ guardian may receive regular foster care rates. Unlicensed relatives who are guardians may receive non-needy public assistance.
15. Who makes the final determination of a child's subsidy eligibility in Washington? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? The assistance application is initiated in the field office or child-placing agency in conjunction with the adoptive family. The application is then forwarded to the regional adoption support unit for approval. The program manager is responsible for the final eligibility determination and assistance negotiations. 16. Will Washington consider my family income to determine my child's eligibility for an adoption subsidy? Following confirmation of a child's eligibility, various factors are considered in determining payment amounts, including: family size (including the adopted child), the family's usual living expenses, special needs of family members, family income, other family resources and savings, medical care and hospitalization needed, and any other pertinent expenses. 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin in Washington after adoption finalization. 18. Do children adopted from private agencies in Washington receive the same subsidies as those children adopted from public agencies? Yes. The state must be paying for the child's cost of care or the child must meet Title IV-E eligibility requirements. The child’s custody and placement may be with the state agency or a private agency. 19. When my child turns 18, which benefits, if any, are available to our family? Adoption support may continue until the child reaches 18, or 21 if the child has not yet completed high school (or high school equivalent), is a full-time high school student and continues to be dependent on the adoptive family for support. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Washington? Assistance agreements must be reviewed at least once every five years. The adoptive parents complete a questionnaire relative to changes in their circumstances or the child's circumstances that are related to the agreement. Adoptive parents' failure to participate in the review may result in suspension from the program. A copy of the parents’ most recent IRS 1040 may be requested if they are requesting a change. 21. Can adoption assistance agreements be modified if requested by adoptive parents? Adoptive parents can request a change in the adoption assistance agreement at any time. Requests must be in writing by a parent who is a signed party to the adoption assistance agreement. Requests for review of the amount of any payment or level of continuing payments can be made whenever there are changes in a family’s economic circumstances or the condition or needs of the child. Adoption assistance payments may be modified or discontinued and later resumed. There are no automatic increases—families must request payment increases. Substantiation of the need for change is required. Adoptive parents will need to complete a questionnaire regarding changes in circumstances of the family or the child related to the agreement and a copy of the parents’ most recent tax return may be requested. Adoption assistance agreements undergo mandatory review every five years and failure to renew may result in termination from the program. Contact the Adoption Support Program Manager or your adoption assistance worker to request an adoption assistance agreement modification. Children’s Administration office locator: https://fortress.wa.gov/dshs/caoffices/internetapps/ 22. What are the exact steps a family must go through to access the fair hearing/appeal process in Washington? Adoptive parents have the right to request a fair hearing to contest decisions made by the Department of Social and Health Services that affects their child’s adoption assistance benefits. Adoptive parents are asked to contact the Office of Administrative Hearings or their adoption assistance worker to request a fair hearing, or phone 800.562.5682 for further information. Either the parent or their representative may request a hearing. The request must be made within in 90 days of the date of the decision. Decisions regarding the timeliness of a hearing request are the responsibility of the ALJ. All hearing requests should be forwarded for scheduling regardless of the date of the request. The request does not need to be in any particular form and can be made verbally or in writing. The request can be made to any responsible department employee. The request should include the decision being appealed and why the client is dissatisfied with the decision. However, any request indicating dissatisfaction with a department decision should be treated as a hearing request. Send requests to the following address: Office of Administrative Hearings The above information and further explanation of the fair hearing process can be found at the following: http://www1.dshs.wa.gov/esa/EAZManual/Sections/FairHearings.htm 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. Upon receiving the request, the child's archived adoption record is reviewed for possible IV-E Adoption Assistance eligibility. If the child would have met IV-E eligibility had an application for adoption assistance been made prior to the adoption, the program manager can assist the family in gaining access to the program. Families can contact their regional Adoption Support Program Manager.
24. How is the subsidy program operated and funded in Washington? The program is state supervised/state administered. This means that both policy and eligibility requirements are directed by personnel at the state office. There are six administrative regions in the state. Each region has adoption assistance staff who work with the families in their region. 25. Below are other programs or unique aspects of Washington's adoption program (i.e., state tax credits, tuition waiver/scholarship programs): The Governor's Scholarship was established to assist Washington youth who will emancipate from the state or federally recognized foster, group or kinship care to enroll in and complete degrees or certificates at eligible colleges in Washington. The Washington Education Foundation manages the Governor's Scholarship program. Each applicant for the Governor's Scholarship Program must:
For more information: Washington Education Foundation
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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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