State funds may be available when a finalized adoption (for which adoption assistance has not been previously approved) is near dissolution due to the need for extraordinary medical care, but a monthly subsidy is not an option available in state funded post finalization requests.
Approval is contingent on the following criteria:
- The child was placed for adoption by the Cabinet;
- The child was considered special needs prior to the adoption;
- The parents have made a reasonable effort under the circumstances to meet the needs of the child without assistance; and
- The child is under eighteen (18) years of age.
The R&C worker:
- Must explore other resources including Medicaid eligibility prior to submitting a post finalization adoption assistance request;
- Contacts the central office (CO) adoption specialist to request that the adoption file be pulled from archives and to discuss the situation;
- Negotiates the assistance request and submits a Post Finalization Adoption Assistance Request Form to the CO adoption specialist through appropriate supervisory channels;
- Attaches supporting documentation to the request form; 1
- Sends the adoptive parent a DPP-154 Protection and Permanency Service Appeal with the denial letter from the Commissioner if the request is not approved. 2
The central office adoption specialist:
- Reviews the file to make a preliminary determination of eligibility as well as to determine which funding stream will be accessed; 3
- Notifies the SSW of the initial determination and funding eligibility;
- Reviews the request to verify eligibility and submits it for the Commissioner's approval.
- The adoptive parents bear the burden of proving extenuating circumstances and adoption assistance eligibility in a fair hearing.
- If the hearing decision supports the complaint, adoption assistance is approved for payment no earlier than the date of the request for fair hearing.