Department for Community Based Services

Standards of Practice Online Manual

13.45.2 Federal Title IV-E Post Adoption Finalization Adoption Assistance Request

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:
12/3/2010
Section:
13.45.2 Federal Title IV-E Post Adoption Finalization Adoption Assistance Request
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Title IV-E (federal) funds may be available for monthly subsidy if a service appeal, as described in SOP 30.1 Service Appeals, determines that the child was wrongly denied benefits.

Practice Guidance

  • If adoptive parents feel they have been inaccurately denied benefits on behalf of an adoptive child, they have the right to a fair hearing. The following constitute grounds for a fair hearing:
    • Relevant facts regarding the child were known by the Cabinet or child placing agency and not presented to the adoptive parents prior to the finalization of the adoption;
    • Denial of assistance based upon a means test of the adoptive family;
    • Adoptive family disagrees with the determination by the Cabinet that a child is ineligible for adoption assistance;
    • Failure by the Cabinet to advise potential adoptive parents about the availability of adoption assistance for children in foster care;
    • Decrease in the amount of adoption assistance without the concurrence of the adoptive parents; and
    • Denial of a request for a change in payment level due to a change in the adoptive parents circumstances.
  • In situations where the final fair hearing decision is favorable to the adoptive parents, the Cabinet can reverse the earlier decision to deny benefits under title IV-E.

 

 

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