Adoption Assistance Negotiation Scenario. The Agency Sends a Checklist
A Common Start to Negotiations
A number of county agencies begin the process of negotiating adoption assistance by sending the prospective adoptive parents (usually the child’s foster parents) a form, asking them to describe their child’s service needs. The form also may ask the parents to list the approximate cost of the services. The heavy, or even exclusive focus on services related to the child’s special needs, tends to distract the agency and parents from discussing the overall dynamic of integrating a special needs child into a permanent family.
The following scenario offers a possible response to an agency generated form that parents regard as either too narrow, or one that does not invite them to present their most important reasons for seeking adoption assistance. Please note. This just an example. Parents should consider their own situation, their relationship with the agency and tailor their responses accordingly. They may decide to reject this approach altogether. In Ohio’s county administered child welfare system there is no one correct approach.
Situation
You have cared for a sibling group of three for two and a half years as the children’s foster parent(s) and you have initiated procedures to adopt them. You apply for Title IV-E Adoption Assistance and the county agency determines that each of the children is eligible, which affirms that they are all classified as special needs.
The county agency sends you a form that asks you only to list the services each child needs and the approximate monthly cost. The form does not mention family circumstances.
A Possible Response
Dear,
Before we return the form you sent, we want to share our understanding of the policies and procedures for the negotiation of adoption assistance with you. Negotiation can be difficult and we offer our views in hopes of cultivating a productive dialogue on such an important matter.
As we see it, the form only covers part of the negotiation requirements in federal and state law. Specifically, it does not capture our family circumstances or address the larger goal of adoption assistance, which is
to provide a monthly supplemental payment that, when combined with our own resources, will enable the us to successfully incorporate and sustain a healthy permanent family for our three special needs children.
Obtaining services aimed at addressing our children’s special needs are certainly important, but are not the only challenges involved in providing a permanent family. Federal law at 42 U.S.C. 673 identifies “special needs” as an eligibility requirement. The broader term “needs” is used in the section dealing with the negotiation of adoption assistance.
What Should Negotiation of Adoption Assistance Look Like?
Section 8.2D.4, Question 1 of the federal Child Welfare Policy Manual explains the process and criteria for negotiating adoption assistance, as set forth in federal law.
Title IV-E adoption assistance is not based upon a standard schedule of itemized needs and countable income. Instead, the amount of the adoption assistance payment is determined through the discussion and negotiation process between the adoptive parents and a representative of the title IV-E agency. the amount of the adoption assistance payment is determined through the discussion and negotiation process between the adoptive parents and a representative of the title IV-E agency based upon the needs of the child and the circumstances of the family. The payment that is agreed upon should combine with the parents' resources to cover the ordinary and special needs of the child projected over an extended period of time and should cover anticipated needs, e.g., child care. Anticipation and discussion of these needs are part of the negotiation of the amount of the adoption assistance payment.
Question 3 in the same section of the federal manual, emphasizes the inclusion of the adoptive parent’s (family’s) circumstances as part of the negotiation of an agreement for a monthly adoption assistance payment. “During the negotiation, of an adoption assistance agreement,
it is important to keep in mind that the circumstances of the adopting parents and the needs of the child must be considered together. The overall ability of a singular family to incorporate an individual child into the household is the objective. Families with the same incomes or in similar circumstances will not necessarily agree on identical types or amounts of assistance. The uniqueness of each child/family situation may result in different amounts of payment. Consistency is not the goal.
Our Expectations for Negotiations
Here are some of our expectations based on guidance from specialists in the adoption assistance program.
We see adoption assistance as a monthly supplement that, when combined with our family resources, will enable us to meet all of our children’s needs both specialized and ordinary and allow us the make necessary adjustments in our family circumstances. We anticipate discussing the dynamic interrelationship between the children’s needs and are family circumstances.
Any adjustment that bears on our capacity to meet our children’s needs in a permanent family, such as leaving a job, obtaining appropriate child care, or retirement are all legitimate topics for negotiation. The fact that leaving a job or retirement may be personal “choices” is not relevant. Adoption itself is obviously a major life choice.
There are no federal or state laws, rules or policies that require adoption assistance to be less than foster care payments. The federal portion of IV-E Adoption Assistance at around 63.58% is available up to the child’s foster care payment. Adoption assistance was established to increase the pool of suitable adults who were able to incorporate children into permanent homes. The children’s care needs and our family circumstances will not abruptly change on the day the adoptions are finalized. Once again, we are willing to negotiate and offer these views so we are on the same page in our discussions.
We view $350 per month as a minimal starting proposal, inasmuch as $350 per month costs the County $0 and that amount is a small fraction of our children’s foster care payment rates.
We will provide you with any information about the connection between the children’s needs and our family circumstances that will enhance the negotiation. We will also include information about services. Please let us know if you agree with our understanding of the negotiation process send your suggestions for how to proceed.