a) Eligibility for Adoption Assistance
Adoption assistance agreements may be entered into with adoptive parents for children who are Illinois residents (including children who are in foster care whose permanent home is Illinois, even though the child may be a Department ward receiving residential or other specialized care out-of-State), who are legally free for adoption and who meet the criteria of a child with special needs as defined in subsection (c) below because of which it is reasonable to conclude the child cannot be adopted without adoption assistance.
When determining the initial eligibility for adoption assistance, the financial circumstances of the adoptive parents are not to be used as a factor. However, the special needs of the child are taken into consideration on an individual basis when determining the types and amounts of adoption assistance to be provided under each adoption assistance agreement. How this consideration is done is explained in subsections (c), (d), (e) and (f) of these procedures. The types of adoption assistance that may be provided include:
1) One-time Only Payments
One-time only payments of non-recurring adoption expenses incurred by or on behalf of the adoptive parents in connection with the adoption of a special needs child who is a resident of Illinois, up to a maximum of $1500 per adopted child for all non-recurring expenses. See subsection (d) for a fuller discussion of one time only non-recurring expenses.
2) Health and Special Care Needs
The Department may pay for physical, emotional and mental health needs, not wholly payable through public or private insurance or other public resources, that are associated with or result from a condition(s) whose onset has been established as occurring prior to the completion of the adoption. In addition to health care benefits through the issuance of a Medicaid card, the Department may pay for counseling and therapeutic day care services for the adoptive family and children following finalization of an adoption.
3) Ongoing Monthly Payments
In order to receive an ongoing monthly payment in an amount not to exceed the licensed foster family care payment level, a child must, in addition to being a child with special needs, meet the eligibility requirements of subsection 302.310(e) of these procedures.
4) Conditional Adoption Assistance
A child who meets all the other eligibility criteria for adoption assistance is eligible for conditional adoption assistance if it is determined that the child may eventually require care for a documented medical condition or disability related to a pre-existing physical, mental, or emotional disability or risk factors (such as possible HIV infection, parent's mental illness, prenatal drug exposure, etc.) that is not yetexhibited at the time of the adoption. No payments will be made for conditional adoption assistance agreements and no medical card will be issued when the agreement is signed, but payments may be initiated and/or a medical card issued if the child's pre-existing condition warrants treatment or professional intervention at a later date. No payments will be made for nonrecurring adoption expenses in cases where children qualify only for conditional adoption assistance.
b) Informing Prospective Adoptive Parents
Prospective adoptive families shall be made aware of the availability of adoption assistance for special needs children and, in the case of ongoing monthly adoption assistance payments, that such payments may be increased automatically based on the child's age and any cost of living increases in the foster care rate. In addition, the adoption assistance may be increased based on a change in the child's level of care (i.e., type of foster care the child would be in, if still in foster care). While such payments may increase based on the child's level of care, the payment will not decrease due to a change in the level of care. Such payments are subject to review at least every two years and may be redetermined based on the circumstances of the family and the needs of the child. Families shall also be apprised of their right to refuse any or all payments offered by the Department. The family shall indicate their desire to apply, or not apply, for adoption assistance. A negative decision shall be recorded on the CFS 470-B, Adoption Assistance Information and Application Form. A positive decision shall result in completion of the adoption assistance application forms described in subsection (i) of these procedures.
c) Determining Special Needs
The determination of whether a child free for adoption is a child with special needs requires the presence of three criteria:
1) Child Cannot or Should Not Be Returned Home
To be considered a child with special needs, the Department must first have determined that the child cannot or should not be returned to the home of his or her parents, as determined by:
A) a judicial finding that a child has been abused, neglected or dependent or there is probable cause to believe that a child is abused, neglected or dependent. This means that there has either been an adjudicatory hearing or a temporary custody order specifying the child is abused, neglected, or dependent; and
B) the Department has determined that the child is likely to suffer further abuse or neglect or will not be adequately cared for if returned to the parent(s). This requirement will be evidenced by the fact that the Department has established adoption as the permanency goal for the child.
2) Specific Factors or Conditions
In addition to (1) above, in order to be considered a child with special needs, the child must be one who:
A) has an irreversible or non-correctable physical, mental or emotional disability; or
B) has physical, mental or emotional disabilities correctable through surgery, treatment, or other specialized services; or
C) is one year of age or older; or
D) is a member of a sibling group being placed together and at least one child meets one of the criteria in (A) through (C) above; or
E) is a child being adopted by adoptive parents who have previously adopted, with adoption assistance, another child(ren) born of the same mother or father.
The worker shall use form CFS 470-A, Child's Summary, to document the assessment of special needs.
3) Reasonable Efforts to Place Child Without Adoption Assistance
In addition to (1) and (2) above, in order to consider a child as a child with special needs for purposes of adoption assistance, a reasonable, but unsuccessful, effort must have been made to place the child with adoptive parents without providing adoption assistance (unless the child has developed significant ties with the prospective adoptive parents while in their foster care) and the prospective adoptive parents are either unwilling or unable to adopt the child without adoption assistance, as evidenced by a written statement from the adoptive parents. The adoptive parents shall use Form CFS 470-B, Adoption Assistance Information and Application Form, to state their reasons why they will not or cannot adopt the child without adoption assistance. The form shall be filed in the child's case file.
A search for alternative adoptive placements without adoption assistance shall be made unless the Department or private agency adoptions supervisor determines that such a search is against the best interests of the child because:
o the child has developed significant emotional ties with the prospective adoptive parents while in their foster care,
o the child has accepted the foster parents as a parent substitute, and
o it would be harmful to the child to be moved to another adoptive placement.
A search for an alternative adoptive placement shall include but not be limited to:
o a search consisting of contacts with DCFS offices, local licensed adoption agencies, parent groups, appropriate religious and civic organizations, and service providers; and
o a search of the Adoption Listing Service (ALS) (refer to Appendix A of these procedures) to determine the availability of an appropriate family and contacting appropriate families; and
o listing the child with the Adoption Listing Service and following-up with any inquiries made on the listing; and
o an interstate search, when necessary, consisting of contacts with adoption agencies and referral/advocacy agencies to find a suitable adoptive placement.
The search to locate a viable adoptive resource without adoption assistance shall be recorded on the CFS 492, Case Entry, or through a case note entry for a private agency case.
d) Nonrecurring Adoption Assistance
1) Authorization for payment of nonrecurring adoption expenses shall be offered to families adopting a child with special needs who is an Illinois resident. Families who wish to apply for reimbursement for nonrecurring adoption expenses who are adopting such a child shall submit a CFS 470-B, Adoption Assistance Information and Application Form, to the regional Adoptions Unit. Following review/approval of the application, the worker shall forward a copy of the CFS 470-C, Agreement for Adoption Assistance form to the family for signature. Approval for payment of all non recurring adoption expenses is required prior to the finalization of the adoption, although all payment amounts may not be known until the adoption is finalized. Children qualifying only for conditional adoption assistance are not eligible for nonrecurring adoption expenses.
2) Approval shall not be given for any part of nonrecurring adoption expenses that are covered through another state or federal program. Approved expenses may include, but are not limited to, adoption fees, court costs, attorney fees, guardian ad litem fees, travel expenses related to pre-placement visits, health and psychological examinations and any other costs associated with the adoption finalization which are approved by the Department up to a maximum of $1500.00 per adopted child. The amount of the payment shall take into consideration the availability of pro bono services to the adoptive parents. The parents may refuse any or all nonrecurring adoption payments.
3) Legal Fees
The one-time only payment may be made, after finalization, for legal fees related to completion of the adoption of a special needs child. The amount the Department will approve for legal fees shall be limited to what is usual, customary and reasonable in the community and cannot exceed $1500.00 per child for all nonrecurring expenses of the adoption.
The parents need to sign the CFS 470-D-4, Agreement, RE: Adoption Assistance, Nonrecurring Adoption Expenses, and the payment will be made directly to the attorney handling the adoption or to the adoptive parent(s) as specified below under C. Payment.
In no case shall the total amount of all nonrecurring payments exceed $1,500.00 per adopted child.
A. Selection of Attorneys:
Adoptive parents shall select the attorney of their choice. The only limitation is that the attorney must be licensed to practice law in Illinois. If a child's case is in the Cook County Expedited Adoption Program, the adoptive parents have the same rights regarding attorney selection.
If adoptive parents wish to select attorneys prequalified by DCFS and/or for DCFS to pay their adoption attorney directly, they must choose an attorney who is on the Statewide Adoption Attorney Panel.
If adoptive parents choose an adoption attorney who is not on the Statewide Adoption Attorney Panel, they will be required to pay the attorney's fees and costs themselves. Once they can provide proof of payment, they can request reimbursement from DCFS.
DCFS and private agency workers are not to refer adoptive parents to attorneys. If an adopting parent wants the name of a qualified, trained attorney who is on the Statewide Adoption Attorney Panel, he or she should be advised to call the DCFS Advocacy Office for Children and Families at (800) 232-3798 or check the DCFS web site at www.state.il.us/dcfs. The adoptive parent may also be referred to a foster parent association for assistance in selecting an attorney.
B. Statewide Adoption Attorney Panel:
For the convenience of prospective adoptive parents, the Department has established a Statewide Adoption Attorney Panel. This is a listing of attorneys who have met the following established criteria:
· Have a current license to practice law in Illinois and a history of compliance with the Illinois Rules of Professional Conduct;
· Have malpractice insurance coverage;
· Have at least three years of practice as an attorney;
· Have represented adoptive parents in at least five adoptions in the last two years. (siblings adopted at the same time count as one case);
· Have completed DCFS training on adoption assistance agreements and adoption issues;
Attorneys whose names appear on the Statewide Adoption Attorney Panel will be reimbursed directly by DCFS for reasonable and necessary costs of a subsidized adoption.
Any attorney may apply to be on the Statewide Adoption Attorney Panel at any time. To obtain an application, the attorney should call the Department's Office of Legal Services at 312-814-8752.
C. Payment
The Department will pay a maximum of $1500 per adopted child for nonrecurring adoption expenses. These expenses include reasonable and necessary adoption fees, court costs, attorney fees, and Guardian ad litem fees that are directly related to a legal adoption proceeding of a child with special needs.
DCFS will pay attorneys who are on the Adoption Attorney panel directly on behalf of adoptive parents for necessary and reasonable legal fees and costs. To request reimbursement, attorneys must submit an itemized invoice with a copy of the adoption petition, interim order and final judgment to:
1921 S. Indiana, 4th Floor
Chicago, IL 60616
Downstate
DCFS Regional Office
When an adopting parent selects an attorney who is not on the Statewide Adoption Attorney Panel, DCFS will directly reimburse the adoptive parent for all
non-recurring adoption expenses, including legal fees, up to the maximum of $1500 per adopted child. To request reimbursement, adoptive parents must submit proof of payment, an itemized invoice from the attorney, and copies of the adoption petition, interim order and final judgment to:
The DCFS Post-Adoption Unit
1921 S. Indiana, 4th Floor
Chicago, IL 60616
Downstate
DCFS Regional Office
D. Attorney Review of Subsidies
Attorneys are responsible for reviewing and negotiating to completion the adoption assistance agreement (subsidy). Upon attorney request, Departmental staff must supply needed documentation for the attorney to successfully review the subsidy. Such documentation would include anything that relates to the child's special needs (i.e., medical documents, psychological assessments, school reports, etc.). If the supporting documentation contains confidential information, such as the name or address of the birth parent, said information must be redacted from the document prior to forwarding to the attorney.
e) Additional Eligibility Factors for Ongoing Monthly Payments and Medical Assistance
Ongoing monthly payments and medical assistance may be provided to parents adopting a child who is determined by the Department to have special needs in accordance with subsection (b) above. The child must also have:
1) been eligible for Aid to Families with Dependent Children (AFDC) under Title IV-A of the Social Security Act, in effect as of July 16, 1996, at the time the adoption petition was filed; or
2) been eligible for foster care maintenance payments under Title IV-E of the Social Security Act at the time the adoption petition was filed; or
3) been eligible for Supplemental Security Income (SSI) prior to finalization of adoption; or
4) been a child for whom the Department of Children and Family Services was legally responsible when the adoption petition was filed with the exception of a subsidized guardianship appointed under Rule 302.405 that subsequently transfers to adoption.
In addition, if the child is qualifying for adoption assistance because of age or membership in a sibling group, the child who qualifies for adoption assistance must have been in the care of the Department or another agency or person (other than his or her parents) pursuant to an order of the court for at least one year prior to the finalization of the adoption, unless the child is being adopted after October 1, 1997, and is a child who had previously been adopted with adoption assistance, but the adoption was dissolved and the parental rights of the adoptive parents were terminated or the adoptive parents have died. However, if the child or one of the child's siblings is determined to be a child with special needs based on physical, mental or emotional disabilities, he or she may receive monthly payments even if he or she has been in care for less than one year.
If adoption assistance is being provided for a child who is being adopted by a family who lives in another state or if a family already receiving adoption assistance is moving out-of-state, the caseworker shall contact the Interstate Compact Office for directions on how to manage the child's continued medical assistance.
f) Determining Ongoing Monthly Payments
The monthly adoption assistance amount is based on the licensed foster care amount for the type of foster care the child would receive if in foster care. Any change in the specialized foster care rate immediately before the adoption must be done through the standard approval process. The amount will increase whenever the child's level of care changes or there is a cost of living increase in the foster care rate or when the child moves into another age bracket of the foster care board payment standard (age increases do not apply to specialized foster care). However, the amount will not decrease based on the child's level of care. Children who are in unlicensed relative care prior to adoption are eligible to receive a maximum amount equal to the standard foster care board rate for their age bracket. The foster care board rates are found in Appendix A of Procedures 359, Authorized Child Care Payments.
When calculating the amount of the initial subsidy, the Department will determine if any of the benefits that the child is currently receiving while in foster care will continue subsequent to the finalization of the adoption. If it is determined the benefit will continue, (e.g.,Social Security, Veteran's Benefits, etc.), the Department may deduct the benefit from the subsidy payment only when calculating the initial subsidy agreement. In this instance, the child is receiving the full amount of the foster care grant, with part of the grant coming from the Department and part from the other benefit.
NOTE: Most government benefits that a child is receiving will terminate when the child's adoption is finalized. If the benefit was being received because of the child's condition or disability (rather than because of his or her biological parent(s)' death, condition, or disability), the adoptive parents may reapply and the child may be found eligible for continued benefits after the adoption. The redetermination of eligibility for benefits may result in a gap in benefits for a period of a few weeks to a few months.
g) Health Care Payments
1) Health Care
Every child adopted with adoption assistance after January 1, 1986 is eligible for an Illinois Medicaid card. The Medicaid card will be issued upon finalization of the adoption. The card is to be used only where the service is not covered by the adoptive family's health insurance or through other public resources, (i.e., Division of Specialized Care for Children, Easter Seals, etc.), and may be used for eligible services obtained through Medicaid enrolled providers. In no event can DCFS pay for a child's Medicaid-eligible medical services at a rate higher than that established by the Illinois Department of Public Aid or pay for the child's health care at a rate higher than the family insurance payment rates for that service.
As reflected by the CFS 470-C, Adoption Assistance Agreement, the Department may assume payment responsibility for any services related to the child's preexisting condition when such services are not covered by the adoptive family's health insurance, the Medicaid card or other public resources, or if the child's specified medical care needs are Medicaid-eligible and there is no enrolled Medicaid provider within a 25 mile radius. All services not payable through the family's insurance, Medicaid or other public resources which are paid by the Department require prior approval (Department approval prior to the child receiving the needed medical service) to assure that arrangements for adoption assistance payment are in place.
2) Payments for Counseling Services
Payments may be made for counseling services required as a result of the child's physical, mental or emotional condition(s) that existed prior to the adoption and which are not covered by other resources.
3) Other Services
The family may be eligible for other special services as specified in Procedures 359.4(c) and in Rule 309.170, Post Adoption Services.
4) Interstate Compact on Adoption and Medical Assistance
The Interstate Compact on Adoption and Medical Assistance is an agreement among the states to assure that medical and related services for special needs adopted children are provided when a family moves from Illinois into another state.
ICAMA assigns responsibility for coordinating the issuance of a medical card and support services to special needs children receiving adoption assistance who live out of state. Illinois children who are adopted and who are IV-E eligible are automatically eligible for Medicaid in their new resident state. Medicaid coverage for non IV-E eligible children will continue to be met at this time by Illinois Medicaid or by the Department.
ICAMA establishes uniform procedures to facilitate the issuance of the other state's medical card for special needs children receiving adoption assistance who are IV-E eligible. When a family receiving adoption assistance moves or has moved out of state, an ICAMA referral must be initiated to the ICAMA office.
The DCFS office that manages the Interstate Compact on the Placement of Children will also manage ICAMA. The Administrator of the Interstate Compact Office serves as the ICAMA Compact Administrator.
If a family receiving adoption assistance moves or has moved out of state, the child welfare worker shall notify the Interstate Office of the new address and send a copy of the CFS 470-C, Agreement For Adoption Assistance, and any subsequent renewal(s). If the family finalizes the adoption after their move, they should notify the Interstate Office when the adoption is finalized and send a copy of their adoption assistance agreement.
Notification of an out of state address change and the adoption assistance agreement should be sent to:
Deputy Compact Administrator
DCFS Interstate Office - Station 50
406 E. Monroe
Springfield, IL 62701-1498
If there are questions, please contact the Deputy Compact Administrator at 217-785-2590.
When placing a child with a family that lives in another state, or if a family that currently receives an adoption subsidy is moving out of state, please contact the Deputy Compact Administrator for assistance in completing the ICAMA referral.
h) Conditional Adoption Assistance
Conditional adoption assistance is available for children who:
1) do not currently exhibit any documented physical, mental or emotional disabilities that require treatment or professional intervention who are likely to require future treatment or professional intervention. Such conditions may be evidenced by the parent's medical history (e.g., drug involvement, mental illness, or HIV status), genetic predisposition, or child's background (serious abuse or neglect whose full effects have not yet been realized); or
2) are diagnosed to be at risk for developing a physical, mental or emotional disability due to a genetic and/or prenatal history.
The amount of the monthly payment will be determined based on the type of foster care the child would be in at the time the condition manifests itself and shall never exceed the foster care amount the child would be eligible to receive were he or she in licensed foster care.
i) The Adoption Assistance Agreement
In order to receive adoption assistance, the child must be placed in the adoptive home and the adoption assistance agreement signed prior to finalization of adoption. This includes children who qualify for conditional adoption assistance.
The worker completes form CFS 470-A, Child's Summary, for each child to be adopted with adoption assistance. (When care for the child is being purchased from a private agency, representatives of both the agency and DCFS are to sign the CFS 470-A.) The family completes form CFS 470-B, Adoption Assistance Information and Application Form. If the family is requesting an ongoing monthly payment, the worker shall calculate the amount based on the amount the child would be receiving if in licensed foster care.
Following approval of the family's application for adoption assistance, a CFS 470-C, The Adoption Assistance Agreement, is to be completed in duplicate with a copy kept by the family and the original maintained in the record.
The CFS 470-A, 470-A-1, 470-B and 470-C shall be completed and approved prior to finalization of the adoption. Upon adoption finalization, the child's previous record is to be closed and a new #ID and record immediately initiated. The opening date shall be the date of adoption finalization. (Refer to Procedures 327, Guardianship Services, for instructions relating to discharging DCFS legal responsibility, AP#5 for case closing instructions and Procedures 304, Appendix A, for case opening instructions.)
j) Reviews
All adoption assistance agreements not terminated by plan in the first year (e.g., nonrecurring or one-time only adoption assistance) must be reviewed every two years prior to the anniversary of the adoption. In addition, adoption staff shall review continuing eligibility for adoption assistance whenever adoptive parents report a change in their circumstances or the circumstances of the child as required by subsection (k) of these procedures.
At the first review of adoption assistance agreements entered into prior to March 1, 1997, the adoptive parents shall be asked to agree to a review every two years rather than an annual review. If they agree, adoption workers shall amend the original agreement to specify two year reviews. For those adoptive parents who do not agree, reviews shall be conducted annually.
Adjustments due to changes in the child's level of care, eligibility for other benefits, or the level of these benefits require prior written notice to the adoptive parents via the CFS 470-G-1, Review Disposition, before any change in payment takes effect. The adoptive parents have the right to appeal any changes resulting from the review.
The Regions will receive printouts indicating adoption assistance cases due for the two year reviews approximately three months prior to review dates with follow-up printouts sent one month prior to the renewal date. For any case in which the adoptive parents choose not to renegotiate their agreement to include two year reviews rather than annual reviews, Regions shall maintain their own controls to ensure that the review is conducted on time. For all cases, the Regional unit responsible for adoption assistance cases shall contact the adoptive family by letter (CFS 470-D, Notice of Review) no less than 60 days prior to theanniversary of adoption, enclosing two copies of the CFS 470-G, Adoption Assistance Review Information Form. If children are adopted with an adoption subsidy at different times, all renewals shall be done prior to the anniversary of the last adoption. A follow-up letter (CFS 470-D and two 470-G's) should be sent "return receipt requested," when a response has not been received within 30 days in order to allow the adoptive parents every opportunity to reapply. A copy of the CFS 470-G-1, Review Disposition, shall be sent to the adoptive parents notifying them of the results of the review, including any changes in the adoption assistance payment.
When the renewal has been approved, the MA-02, Medical Assistance Screen, must be updated with the effective date of the renewal to ensure continued Medicaid coverage through the DPA Medical Assistance program.
Conditional Agreements
Agreements for conditional adoption assistance are not reviewed until the adoptive parents begin receiving payments or services.
k) Adoptive Parent Responsibilities
The adoptive parents shall notify the appropriate Regional Office or ensure that the office is notified, in writing, when there is a change of address or:
· the child is no longer the legal responsibility of the adoptive parents;
· the child is no longer receiving financial support from the adoptive parents;
· the child no longer requires adoption assistance for the special needs for which adoption assistance was being provided;
· the child reaches age 18, or age 19 if the child is still in high school; or
· the child's condition has changed so that a change in the child's level of care or conditional payments is needed.
l) Transferability of Adoption Assistance
If an adoption is dissolved because of the termination of the parental rights of the adoptive parents or the death of the adoptive parents, a child adopted with adoption assistance continues to be eligible for such assistance if they are adopted again On or after October 1, 1997. The new prospective adoptive parents must complete the adoption assistance forms described in these procedures for the adoption assistance to be transferred.
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