Rule and Procedure Table of Contents


Section 359.42 Payment for Adoption Assistance - Subsidized Adoptive Homes

a) Basic Ongoing Monthly Adoption Assistance | b) Special Payments | c) Special Payments Applicable Only to

Type Service Code See Instructions below

Payment Documents: Use the CFS 906, Placement/Payment Authorization Form (Department Foster Care) for monthly adoption assistance, CFS 906-4, Special Service Fee and Payment Extension Form (use only to renew Special Service Fees authorized before November 28, 1995) and the CFS 932, Purchase Authorization Billing Statement for all other payments.

Instructions:


a) Basic Ongoing Monthly Adoption Assistance Payments

 

Ongoing monthly adoption assistance payments may be authorized following finalization of an adoption with adoption assistance. These payments are to be discontinued at age 18 (or 19 if the child is in school), unless the Department has determined that they should be continued until age 21 because the child has a physical, mental or emotional disability that warrants the continuation of assistance and the child is not eligible for sufficient other benefits. Eligibility for adoption assistance must be reviewed every two years prior to the anniversary date of the subsidy. The Type Service Codes and maximum amounts depend on the type of placement the child was in prior to the adoptive placement. The Type Service Codes are as follows:

Type Service Code 0331 Equal to the foster care board rate

Use this Type Service Code if the child resided in placements receiving the regular foster care board rate and is not eligible for other benefits (i.e. SSA, SSI, Veteran's, etc.). This code is used for adoption assistance cases for which the adoption assistance agreement was submitted to the family prior to July 1, 1995.

Type Service Code 0332 Equal to the foster care board rate

(see Appendix A (I) (c) for amounts)

Use this Type Service Code if the child resided in placements receiving the regular foster care board rate and is not eligible for other benefits (i.e. SSA, SSI, Veteran's, etc.). This code is used for adoption assistance cases for which the adoption assistance agreement was submitted to the family after June 30, 1995.

Type Service Code 0333 Equal to the intensive foster care rate.

Use this Type Service Code if the child resided in a foster family home receiving the intensive board rate or resided in a group home, institution or other residential placement and is not eligible for other benefits. This code is used for adoption assistance cases for which the adoption assistance agreement was submitted to the family prior to July 1, 1995.

Type Service Code 0334 Equal to the intensive foster care rate

(see Appendix A (I) (c) for amounts)

Use this Type Service Code if the child resided in a foster family home receiving the intensive board rate or resided in a group home, institution or other residential placement, and is not eligible for other benefits. This code is used for adoption assistance cases for which the adoption assistance agreement was submitted to the family after June 30, 1995.

Type Service Code 0335 Adoption Subsidy - Eligible Other Benefits

Use this Type Service Code if the amount of adoption assistance is being reduced by the amount of benefits being received on behalf of the child, such as SSA, Veteran's, etc. The Region must manually enter the amount of the subsidy. Because these cases will not receive automatic increases based on cost of living and age adjustments, Regions will have to adjust the subsidies manually to reflect those increases.

Type Service Code 0336 Specialized Rate - Manually Entered

Use this Type Service Code if the child resided in placements receiving a negotiated specialized rate. The amount of the subsidy must be manually entered by the Region. Because these cases will not receive automatic increases based on cost of living adjustments, Regions will have to adjust the subsidies manually to reflect cost of living adjustments. Cases receiving specialized rates are not eligible for increases based on age.

Type Service Code 0338 Adoption Subsidy - No Increases Due to Age or Cost of Living

Use this Type Service Code for any adoption assistance case where the adoptive parent(s) have indicated that they do not want cost of living increases or adjustments based on the child's age. The Region must manually enter the rate.

Type Service Code 0350 Adoption Subsidy Under Age 19 In School

Use this Type Service Code for any adoption assistance case where the child is age 18 and is still in school, proof of which is in the case file. The rate will mirror that prior to the child turning age 18 and must be manually entered.

Documentation of School:

Payment can continue until the youth's 19th birthday or their graduation from high school or the equivalent; whichever comes first.

· Documentation must include verification of school attendance and estimated date of graduation.

· If the 18th birthday is during the summer, documentation must include previous school year attendance and then a subsequent letter in the fall detailing the date of graduation.

Do not use the school codes if the youth has a disability

Type Service Code 0355 Adoption Subsidy Under Age 21 With a Disability

Use this Type Service Code for any adoption assistance case where the child is between age 18 and 21 and is disabled, proof of which is in the case file. The rate will mirror that prior to the child turning age 18 and must be manually entered.

Documentation of Disability:

· Letter from Social Security Administration indicating the youth is eligible for SSI.

Letter or report from a medical professional stating the mental or physical condition that meets the definition of disability per the Americans with Disabilities Act of 1990.


b) Special Payments

 

The following payments may be made on behalf of children adopted with adoption assistance regardless of the date the adoption assistance agreement was submitted to the family.

The Department will not subsidize non-recurring adoption expenses for persons who adopt children who do not qualify for adoption assistance, or who qualify only for conditional adoption assistance. The total amount paid for non-recurring expenses of adoption, including legal fees, cannot exceed $1500.00.

1) 0302, Legal Fees Related to the Finalization of the Adoption

The Department will pay a maximum of $1500.00 per adopted child for nonrecurring adoption expenses that are directly related to the legal adoption of a child with special needs. Adoptive parents shall select the attorney of their choice. The only limitation is that the attorney must be licensed to practice law in Illinois.

Adoptive parents should be advised to call the DCFS Advocacy Office for Children and Families at (800) 232-3798 or check the DCFS website at www.state.il.us/dcfs to receive a current list of attorneys on the DCFS Adoption Attorney Panel. Under no circumstances should an employee of the Department or a private agency refer an adoptive parent to a specific attorney.

Payment Directly to Adoption Attorneys

DCFS will pay attorneys who are on the State DCFS will pay attorneys who are on the Adoption Attorney Panel directly on behalf of adoptive families for necessary and reasonable legal fees and costs. The attorney shall submit to the Department an itemized invoice with a copy of the adoption petition, interim order and final judgment.

Reimbursement to Adoptive Families Who Use Attorneys Who Are Not On the Statewide Adoption Attorney Panel

When an adopting parent selects an attorney who is not on the Statewide Adoption Attorney Panel, DCFS will reimburse the adoptive parent for attorney fees and costs, up to the maximum of $1500.00 per adopted child.

Adoptive parents may send requests for reimbursement to:

o the DCFS Post-Adoption Unit, 1921 S. Indiana, 4th Floor, Chicago, IL 60616 for Cook County adoptions, or

o DCFS Regional Office for Downstate adoptions

Included must be an itemized invoice from the attorney, proof of payment by the adoptive parent, and copies of the adoption petition, interim order and final judgment.

Payment for Adoptions Not Finalized or For Adoptions That Are Vacated

Payment may also be made for services rendered if the adoption is never finalized or is vacated THROUGH NO FAULT OF THE ATTORNEY, when the attorney submits a statement itemizing expenses incurred up to the point the adoption is abandoned, provided an agreement for adoption assistance was previously established.

Attached to the itemized statement submitted must be a copy of the document filed with the court to vacate the adoption petition, interim order or final judgment identifying the facts regarding why the adoption was withdrawn or vacated. If withdrawing from the case prior to filing the petition or interim order, the attorney must attach to the itemized statement a detailed letter outlining the reasons the adoption was not finalized. Payment for all nonrecurring expenses, including legal fees cannot exceed $1500.00 per adopted child.

2) 0303, Medical Services - One time only or continuous payment may be made for any child receiving ongoing monthly payments who need medical services related to conditions which existed prior to the child's adoption which are not covered by the adopting family's medical insurance, by the Division of Specialized Care for Children or by the Department of Public Aid (DPA). Eligibility for this assistance must be re-determined whenever the family or child's circumstances change but at least once every two years prior to the anniversary date of the subsidy in order for payments to continue. See 359.90 for medical services and provider information for services covered by DPA.

There are three different categories under which children adopted with adoption assistance may fall:

A) Children adopted prior to June 17, 1980 are not eligible for Medicaid. The Department assumes responsibility for payment of medical services related to a medical condition that existed prior to the adoption when there is no family insurance or any other financial resource.

B) Children adopted between June 17, 1980 and January 1, 1986 may or may not be covered by Medicaid. If the child is Medicaid eligible, the Department assumes responsibility for only those expenses related to the child's preexisting condition that is not DPA covered services or are provided by a non-enrolled DPA medical vendor.

If the child is not covered by Medicaid, the Department assumes responsibility for any medical service related to the child's preexisting condition that is not covered by the family's insurance or another financial resource.

C) All children adopted after January 1, 1986 are Medicaid eligible. The Department assumes payment responsibility only for those medical services related to any preexisting conditions that are not Medicaid covered or that are provided by a non-enrolled DPA provider.

3) 0308, Counseling for Adoptive Family and Children Following Finalization of an Adoption - Payment may be approved for counseling services not covered by the family's insurance, DPA, or any other financial resource, provided the counseling is related to the child's documented preexisting condition. Approval must be obtained from the Department prior to the initiation of counseling. Eligibility for counseling must be re-determined whenever the circumstances of the family or child change but at least once every two years prior to the anniversary date of the finalization of the adoption.

4) 0310, Therapeutic Day Care - Payment may be made for day care that provides therapeutic intervention rather than only day care services. The day care must include treatment of a disability or a disease as an integral part of the programming (i.e., speech, physical or occupational therapy; behavior modification; psychological or psychiatric services). Approval of payment for therapeutic day care requires documentation of the child's specific physical, mental or emotional disability and the special training, licensing or credentialing of the individual providing the therapeutic day care.


c) Special Payments Applicable Only to Adoption Assistance Agreements Submitted to the Family Prior to November 28, 1995

 

1) Adoption Assistance

Type Service Code                                                                       Document

0307 Special Service Fees                                                    CFS 906-4

Special service fees may have been included in adoption assistance agreements submitted to the family prior to November 28, 1995. See Appendix A (I) (b) for maximum amounts that may be applied to one or a combination of the following services:

A) Transportation related to medical or school needs.

B) Diet related to medical needs.

C) Expenses related to special care based on the physical, mental and emotional problem/handicap of the child.

Adoptive parents receiving monthly subsidies under the November 28, 1995 policy or thereafter may not receive a special service fee.

Continuation of all special service fee payments requires the recommendation of the adoption coordinator and the approval of the Regional Administrator. The expenses shall be documented in the case record and shall be reviewed at time of renewal.

2) Other Special Services

Type Service Code                                                                                 Document

0304 Adoption Subsidy-Health Insurance                                          CFS 932

0310 Adoption-Other Special Services                                              CFS 906

Specialized Camp Fees; Tutoring; Respite Care

Time limited payments may have been negotiated prior to November 28, 1995, for services required as a result of the child's physical, mental or emotional condition or conditions that existed prior to the child's adoption and which are not covered by the adopting family's insurance, by DSCC, DPA or by any other financial source. These payments may be continued only if the need for these services was specified in an adoption assistance agreement submitted to the family prior to November 28, 1995.

Continuation of other special services requires the recommendation of the adoption coordinator and the approval of the Regional Administrator. The expenses shall be documented in the case record and shall be reviewed at time of renewal.

Adoption assistance agreements submitted to the family on or after November 28, 1995, are not eligible for other special service payments.

See Section 359.70(j) for Instructions on Travel for Pre-placement Visits for Prospective Adoptive Parents.

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