A New Series on the Negotiation of Adoption Assistance in Ohio, Part 6

Possible Agency Reactions to Your Initial Communication and Some Suggestions

The county agency may propose an adoption assistance payment that suits your child’s needs and family circumstances. There are also a number of possible “disappointing” responses you may receive from the agency after submitting your “addendum” or other initial communication. I am assuming that you will reject such disappointing proposals and inform the agency that you want to continue the negotiation. Before discussing examples of “disappointing” responses, it might be a good idea to consider who you are communicating with, and if that person has the authority to negotiate adoption assistance agreements.

Are you negotiating directly with a decision maker or are you dealing with an intermediary who reports to an internal agency committee or a superior higher up the agency food chain?

If you receive a disappointing agency response, it might be a good idea to request a meeting with a decision maker who has the authority to negotiate an adoption assistance agreement. For example, you can say something like the following:

It is our understanding that the purpose of exchanging information with you is to facilitate an actual discussion regarding our child’s needs and our family circumstances. Federal and state policy anticipate that an adoption assistance agreement will be reached through dialogue, rather than an approval process. Accordingly, we request a meeting with a decision maker who has the authority to negotiate such an agreement. (Or words to that effect).

In addition to requesting a meeting with an agency decision maker, you can address any of the agency responses that apply to you. Any or all of the following examples might be reasons for rejecting the adoption assistance payment proposed by the agency.

Suggestion: Engage the agency with civility and with confidence. You know your own situation and are increasingly well-informed about federal policy.

What if the agency proposes a monthly adoption assistance payment of $350 or less?

Remember, $350 is not only a small amount compared to most foster care payment rates, but the first $350 of each monthly adoption assistance payment is covered entirely by federal and state funds. The county agency pays nothing.

Proposals like this are often negotiation tactics to raise the proposed amount in small increments as the negotiation proceeds. Unless the proposed amount coincides with your child’s needs and family circumstances, I suggest rejecting it, but express a desire to reach an agreement and offer to continue negotiations.

What if the agency justifies an adoption assistance payment that is significantly lower than what you believe is fair and sufficient, by stating it does not consider leaving outside employment or discussing a child’s anticipated needs as valid topics in the negotiation process?

You can reply that federal law at 42 United States Code 673 (a) (3) explicitly refers to “circumstances of the adopting parents” in the negotiation of adoption assistance. Also, the federal Child Welfare Policy Manual refers to “anticipated needs,” (Question 1), as well as to “circumstances of the adopting parents” (Question 3) as criteria in the negotiation of adoption assistance. You can include quotes from Questions 1 and 3 of the federal manual. In addition, you can cite OAC state rule 5101:2-49-05 (D), which also mentions “parent(s)’ circumstances” and “foreseeable future needs.” (Underlined portions are live links).

Federal and state law do not list specific family circumstances, but it is reasonable to conclude that any situation affecting the parents’ capacity to incorporate an adopted child into a permanent, healthy family is pertinent to the negotiation. You can also ask the agency to contact the Ohio Department of Children and Youth to confirm the points you are presenting.

Meanwhile, it might be helpful to prepare an estimate of the impact a lost salary has on your capacity to meet all of your child’s needs. You can present that information when you meet with an agency decision maker or later at mediation.

What if the agency justifies a proposed adoption assistance payment that is less than half of the child’s foster care payment rate by stating that since you will be legally responsible for the child, you should expect the adoption assistance payment to be significantly less than the foster care rate.

Agencies are not required to match the child’s foster care rate. On the other hand, there is no requirement in law that the adoption assistance payment must be lower than the child’s foster care rate. In fact, federal funding is available for adoption assistance payments up to the child’s current foster care payment rate, that is the payment the child receives or would receive were she placed in foster care. But the parties must agree.

Once again, the focus of the negotiation should be an adoption assistance payment that, when combined with the parents’ resources, will enable them to effectively incorporate the child into a healthy, permanent family. The child’s needs and family circumstances do not dramatically change on the date of the adoption.

Is it a good idea to counter the agency’s response with your own proposal for a monthly adoption assistance payment?

You can submit a counter proposal. In doing so, it is probably a good idea to consider how far you think agency’s proposal falls below an adequate level of adoption assistance. Let’s say the agency proposes $500 per month and you believe that you need at least $650 per month. Then, you might counter with $800 a month, but emphasize that you are willing to continue negotiations want to reach an agreement. Once again the goal is not to secure the highest payment possible, but one that will enable the effective integration of the child into a permanent family.

What About Attitude?

I suggest