Assuming Direct Custody of a Child Makes it Likely that the Child Will Not Be Eligible for Title IV-E Adoption Assistance

When a Relative, Friend or Caregiver with Custody Commits to Adopting Their Child

When grandparents, aunts, uncles, friends and involved non-relatives step forward to care for children who cannot remain in their birthparents’ care, Ohio County Agencies often encourage them to assume custody of the children through the local court. The caregivers petition for custody in good faith, but are not told that assuming custody will likely result in the child being declared ineligible for IV-E Adoption Assistance, if they later decide to adopt. Caregivers in this situation are very often people of modest means. The basic purpose of adoption assistance is to provide a supplement to the parents’ resources to enable them to sustain a healthy, permanent family for a child without one. For these relatives and other caring adults, adopting a special needs child without adoption assistance is clearly contrary to the child’s best interest and the essential purpose of the federal program.

Children in the custody of a relative or other caretaker share the same special needs with children in agency custody. Without parsing federal law and its references to “responsibility” and “care,” however, Ohio children must be placed for adoption by a public or private agency, in order to qualify for IV-E adoption assistance. The only exception to this requirement is for the child to meet one of the disability standards of the federal SSI program. (SSI and Title IV-E Adoption Assistance). Unless the child has an obvious or “presumptive” disability such as Cerebral Palsy, meeting an SSI disability standard is usually confusing, time consuming and difficult.

So, loving relative and non-relative caregivers granted custody must frequently choose between continued support and Medicaid coverage for their children and adoption with little or no support.

Suggestions for Reform

It goes without saying that before before relatives or others petition for custody, county agencies should be required to:

1. Carefully explain that by taking custody of a child, will probably make the child ineligible for IV-E adoption assistance should the caregivers adopt her. The only exception is the child meets one of the SSI disability categories.

2. Carefully explain, the opportunities and eligibility requirements for Ohio’s Kinship Support and Kinship Guardian Assistance programs.

What If the Relative or Other Caregiver Has Already Assumed Direct Custody?

When caregivers with direct custody are faced with the difficult choice of forfeiting the primary source of support as a condition for adopting the child they love, the agency, caregivers, Guardian Ad Litem, the court and other interested parties should collectively explore a remedy for obtaining adoption assistance for the child.

1. One possible option would be to consider a plan, in which the agency obtained permanent custody and agreed to place the child for adoption with her caretakers. Such a plan would seem particularly desirable in situations where:

a. The birthparents’ rights have not been surrendered or terminated, but there are clear reasons for the agency to initiate termination proceeding.

b. The agency and other involved parties such as the GAL approve of the child’s placement with her caregivers. The agency, GAL and others concur that it is in the child’s best interest to be adopted by her caregivers.

Given the above circumstances.

• Leaving the child in the custody of the caregivers does not assure permanency, which is the goal of child welfare.

• If the caregivers proceed with the initiative to adopt the child, the rights of the birthparents must be terminated or surrendered.

• The child could qualify for adoption assistance, whose very purpose in to support a permanent family for the child.

and others who decide to adopt after assuming custody of a relative child from the local court, it is a different story.  They discover that assuming custody of their prospective adoptive child jeopardizes the child’s eligibility for adoption assistance.   

For grandparents, aunts, uncles and others who decide to adopt after assuming custody of a relative child from the local court, it is a different story.  They discover that assuming custody of their prospective adoptive child jeopardizes the child’s eligibility for adoption assistance.