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8.2D  TITLE IV-E, Adoption Assistance Program, Payments

1.May a title IV-E agency make title IV-E adoption assistance payments directly to a youth age 18 or older? (New 05/13/2013)

2.Must a title IV-E agency discontinue title IV-E adoption assistance payments provided per 475(8)(B) of the Act for a youth who is age 18 or older if the title IV-E agency determines that the youth is no longer meeting the education or employment criteria or is no longer incapable of meeting any of these criteria due to a medical condition, as elected by the title IV-E agency? (New 05/13/2013)

(New 05/13/2013)

Answer: No. A title IV-E agency must make the payments to the youth's adoptive parent(s). Section 473(a)(1)(B)(ii) of the Act specifies that the title IV-E agency may make adoption assistance payments to parents who adopt a child with special needs, either directly or through another public or nonprofit private agency.

• Source/Date: 05/06/2013
• Legal and Related References: Social Security Act – section 473(a)(1)(B)(ii)

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(New 05/13/2013)

Answer: Yes. A title IV-E agency must ensure that a youth receiving a title IV-E adoption assistance payment under section 475(8)(B) of the Act meets the education and employment criteria or is no longer incapable of meeting any of these criteria due to a medical condition, as elected by the title IV-E agency. Once a title IV-E agency determines that a youth no longer meets the criteria, the agency must discontinue title IV-E adoption assistance payments for the youth. However, if the youth meets the criteria at a later time, the title IV-E agency may resume payments to the youth.

• Source/Date: 05/06/2013
• Legal and Related References: Social Security Act – section 475(8)(B); ACYF-CB-PI-10-11

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