Section VI: Adoption Assistance Agreements

Title IV-E adoption assistance is available on behalf of a title IV-E eligible child if the State agency enters into an adoption assistance agreement with the prospective adoptive parent(s) prior to the finalization of the adoption¹¹. The agreement must be signed by all parties to the agreement (namely, the adoptive parent(s) and State agency representative), and a signed copy given to each party.

The agreement must specify:

the duration of the agreement;
the nature and amount of any payment, service and assistance to be provided;
that the child is eligible for title XIX Medicaid;
that the agreement shall remain in effect regardless of the State in which the adoptive parent(s) reside; and
that the interests of the child are protected in cases where the adoptive parent(s) and child move to another State.

The State may enter into an adoption assistance agreement and begin paying title IV-E adoption assistance prior to the finalization of the adoption once the child is placed in the adoptive home and determined eligible for title IV-E adoption assistance.

Once determined eligible for title IV-E adoption assistance, a child is eligible up to the age of 18. The State has the option to continue to provide assistance up to the age of 21 if the State determines that the child has a mental or physical disability which warrants continuation of adoption assistance. If the child does not have such a disability, the child is not eligible for title IV-E adoption assistance beyond the age of 18. States may limit the duration of payments under an adoption assistance agreement for an individual child to a period which may end before the child's 18^th birthday, but such decisions must be made on a case-by-case basis with the concurrence of the adopting parent(s) and taking into consideration the needs of the child and the circumstances of the parent(s). The State may not have a blanket policy which limits the duration of adoption assistance to a date earlier than the 18^th birthday of eligible children.

A title IV-E adoption assistance agreement can be terminated only under three circumstances: (1) the child has attained the age of 18 (or the age of 21, at State option, if the State determines that the child has a mental or physical disability which warrants continuation of assistance); (2) the State determines that the adoptive parent(s) are no longer legally responsible for support of the child; or (3) the State determines that the adoptive parent(s) are no longer providing any support to the child. A parent is considered no longer legally responsible for support of the child when parental rights have been terminated or when the child becomes an emancipated minor, marries, or enlists in the military. "Any support" is defined as various forms of financial support, such as family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child's special needs. Thus, title IV-E adoption assistance can continue even in situations where the child is no longer living in the home, so long as the State determines that the parent is providing some form of financial support for the child.

Questions Specific to the Adoption Assistance Agreement

(A) Is title IV-E adoption assistance available only when the adoption assistance agreement is in effect prior to the finalization of the adoption, unless a fair hearing rules in favor of an eligible child after the finalization of the adoption?

YESNONEEDS CLARIFICATION

If no, this is inconsistent with Federal requirements.

(B) Does the title IV-E adoption assistance agreement include all the required elements: 1) the duration of the agreement; 2) the nature and amount of any payment, service and assistance to be provided; 3) that the child is eligible for title XIX Medicaid; 4) that the agreement shall remain in effect regardless of the State in which the adoptive parent(s) reside; and 5) that the interests of the child are protected when the adoptive parent(s) and child move to another State?

YESNONEEDS CLARIFICATION

If no, this is inconsistent with Federal requirements.

If no, list the missing elements:
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(C) Does the State terminate or otherwise suspend title IV-E adoption assistance without the concurrence of the adoptive parent(s) for reasons other than those enumerated above?

YESNONEEDS CLARIFICATION

If yes, this is inconsistent with Federal requirements.

(D) If the State requires recertification of eligibility or renewal of the adoption assistance agreement, does the State terminate or suspend title IV-E adoption assistance if the recertification or renewal is not returned to the State or not returned in a timely manner?

N/AYESNONEEDS CLARIFICATION

If yes, this is inconsistent with Federal requirements.

(E) Does the State provide title IV-E adoption assistance beyond the age of 18 for any reason other than a child's mental or physical handicap which warrants continuation of assistance?

YESNONEEDS CLARIFICATION

If yes, this is inconsistent with Federal requirements.

(F) If the State begins title IV-E adoption assistance before the finalization of the adoption, does the State require that the child be placed in the adoptive home, all eligibility criteria be met and the adoption assistance agreement be signed by all parties?

N/AYESNONEEDS CLARIFICATION

If no, this is inconsistent with Federal requirements.

Steps to address areas needing clarification:
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List any areas noted above that are inconsistent with Federal requirements:
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Action(s) needed to assure the State's program meets Federal requirements:
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Citations for State laws, administrative rules, policies, etc., used for review of this requirement:
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Legal and Related References for Adoption Assistance Agreements:

Sections 473(a)(1)(A) and 473(a)(1)(B) of the Social Security Act
45 CFR 1356.40(b) and (d)-(e)
Child Welfare Policy Manual, Sections 8.2A.1 (1-3)

¹¹ Please note exception for favorable fair hearing decisions. back

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