A New Series on the Negotiation of Adoption Assistance in Ohio, Part 5
Initial Communication with the Agency
Suppose the Agency Begins Negotiations by Sending You a Form or Checklist to Complete?
As we noted previously, the county agency may initiate negotiations by sending out a form or checklist with questions, especially those involving the child’s special needs. Suppose you receive such form. Here are some questions to consider.
Does the form capture your most important reasons for seeking adoption assistance?
Does the form invite you to address your particular family circumstances?
Does the form focus exclusively on identifying your child’s special needs instead of treating your child’s special needs?
Does the form encourage a discussion of anticipated needs.
Is the form a first step leading to negotiation, or a replacement for negotiation?
You probably won’t be able to answer the last question until later on in the process, but it is an important question to bear in mind. If the form provides a reasonable opportunity to address the remaining questions then, complete it and send it in with the following message. “It is our understanding that the information we are submitting will provide the basis for the negotiations to follow. We look forward to a productive discussion.” (Or words to that effect).
What if the form does not encourage you to present some important information such as your primary reasons for seeking adoption assistance or the family circumstances that will affect your capacity to incorporate your child into a healthy, permanent family?
Remember, any need or circumstance that is relevant to your capacity to provide a permanent family is relevant to the negotiation of adoption assistance. The agency is not required to agree to the amount of adoption assistance you seek, but there are no lists of topics that may be automatically rejected as invalid.
So, if you believe that the form does not encourage you to discuss important reasons for seeking adoption assistance, or is otherwise incomplete or inadequate, draft your own Addendum. Discuss issues that the form fails to address, such as
Particular Family Circumstances. For example,
“I left my job in order to ensure my son receives the tutoring, speech therapy and counseling services he needs.”
“I am a single parent and must secure specialized child care for the boy and girl I am adopting.”
“We are adding a child to our family of five.” Discuss the various adjustments, you need to make. For example, what if you need to purchase a larger car? Adoption assistance is a supplement to be combined with your own resources to successfully incorporate another child into a healthy family. You are saying that you need to purchase a larger car, in order to accommodate your larger family. As a supplement, adoption assistance can help you to do so, without sacrificing the child’s other needs.
Addressing Particular Needs, For example
Activities, programs that have a therapeutic and/or social component to address the child’s current special needs condition(s).
Activities, therapies, programs that have a therapeutic and/or social component to address the child’s anticipated special needs condition(s) at school age.
Do I send the Addendum to the Agency?
Yes, send it to the agency along with the completed agency form. Suggestions,
Send it with the message that you are submitting an Addendum to the agency in order to foster a more effective and transparent negotiation of adoption assistance for ___________ (child’s name).
Include a discussion of particular family circumstances and/or services that have an important bearing on the negotiations.
Cite Section 8.2D.4, Questions 1 and 3 of the federal Child Welfare Policy Manual as the basis for the Addendum.
Close by saying “It is our understanding that the information we are submitting will provide the basis for the negotiations to follow. We look forward to a productive discussion.” (Or words to that effect).
Is it a good idea to propose an amount of adoption assistance in your initial response to the agency?
It is not necessary. If the agency asks you for an amount right away, you can cite the foster care rate, but add that you are willing to negotiate.
What if the agency proposes an amount of adoption assistance without waiting for you to submit the form and an addendum?
If you believe the amount is satisfactory, accept it. Chances are good that it will not be a satisfactory amount. Agencies frequently start out with an amount of adoption assistance that is less than they are ultimately willing to accept. If that is the case, I suggest that you submit the information in the addendum and tell the agency it is your understanding that adoption assistance is to be negotiated based upon consideration of your child’s needs and your family circumstances. You can say, you don’t want to propose an amount prior to the negotiation.