Department for Community Based Services

Standards of Practice Online Manual

13.44 Discontinuance of Adoption Assistance

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 13-Adoption Services
Effective:
4/17/2015
Section:
13.44 Discontinuance of Adoption Assistance
Version:
2

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The R&C worker:

  1. Advises the adoptive family of the discontinuance in writing using the DPP-154A Notice of Intended Action, at least ten (10) calendar days prior to the intended action;
  2. Notes the date and reason for discontinuance;
  3. Sends with the notice the DPP-154 Protection and Permanency Service Appeal informing the family of their right to file a service appeal as outlined in SOP 30.1 Service Appeals.

Practice Guidance

Adoption assistance may be discontinued for any of the following reasons:

  • Federal title IV-E funded adoption assistance:
    • At the request of the adoptive parent;
    • When the child reaches age:
      • Eighteen (18); or 1
      • Twenty-one (21) if the state determines that the child has a mental or physical disability that warrants continuation of assistance;
    • The Cabinet determines:
      • The adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
      • The child is no longer receiving support from the adoptive parents;
      • No adoptive parent who signed the adoption assistance agreement remains living; or
      • In the event of a new adoption assistance agreement.
  • State funded adoption assistance:
    • When the child reaches age eighteen (18);
    • Upon high school graduation or the child's nineteenth (19th) birthday, whichever comes first;
    • Upon the death of the adoptive parents;
    • The Cabinet determines that the child is no longer receiving support from the adoptive parents;
    • The Cabinet determines that the adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
    • Upon the child's death, full-time employment, marriage or military service;
    • In the event the state legislature fails to appropriate funds to support the adoption assistance program; or
    • In the event of a new adoption assistance agreement.
  • Temporary discontinuance of state funded adoption assistance may occur during periods of time the adopted child:
    • Is placed in foster care;
    • Is placed in a residential treatment facility;
    • Is placed in a psychiatric residential treatment facility (PRTF);
    • Is placed in a psychiatric hospitalization exceeding thirty (30) consecutive calendar days;
    • Is placed in detention outside of the home for a period of thirty (30) consecutive calendar days; or
    • Is absent from the home for a period of thirty (30) consecutive calendar days, unless the child is absent due to medical care or school attendance.
  • The adoptive parent is responsible for notifying the Cabinet of any circumstances that would cause a change or discontinuance.
 

Footnotes

1. If a child receiving a IV-E funded subsidy turns eighteen (18) and is still in high school, the R&C worker refers to SOP 13.46 Continuation of Adoption Assistance After Age 18 for guidance.

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