Colorado's Steps to Standardize the Negotiation of Adoption Assistance Payments
Some Implications and Questions for Ohio
The Ohio Adoption Assistance Negotiation Process Work Group several faces basic challenges in its attempt to “strengthen and standardize” the procedure for negotiating adoption assistance, which includes closing the enormous gap between family foster care and adoption assistance payments.
State regulations, such as the rules in the Ohio Administrative Code (OAC) must conform to federal law as amplified in the federal Child Welfare Policy Manual. Although, the state has embraced the Child Welfare Policy Manual as the authoritative source on the negotiation of adoption assistance, the wording on negotiation in the OAC does not provide sufficient guidance to county agencies. At the very least, the language in pertinent OAC rules, such as OAC 5101:2-49-05 and OAC 5101:2-49-12, should be revised the rules to reflect the language in the Child Welfare Policy Manual
The state has not developed practical guidance for Ohio county agencies on how to conduct the negotiation of adoption assistance in accordance with the federal law and the Child Welfare Policy Manual. As a consequence, the counties’ conduct of negotiation procedures is inconsistent and frequently inadequate.
There are statewide definitions of “difficulty of care” categories of specialized family foster care in OAC rule 5101:2-47-17, but few counties pay attention to them.
Ohio county agencies not only employ their own categories of family foster care, but foster care payments vary considerably from county to county.
The variation in definitions of specialized family foster care from county to county makes it difficult to apply a standard level of care instrument to determine if a child’s foster care classification and related foster care payments are consistent with his actual needs.
The fact that are no recognized statewide definitions for types of specialized foster care and no established provisions for level of care assessments contributes to the inconsistency of adoption assistance payment rates both within and across Ohio counties.
Colorado has developed a statewide instrument for the negotiation of adoption assistance.
Colorado, like Ohio, is a county administered state and has struggled with many of the same problems as Ohio over the years. Recently, Colorado took a major step forward with the creation and implementation of its Adoption Assistance Negotiation Worksheet. (See attached file). The Worksheet walks the adoptive parents and county agency through a comprehensive set of items that incorporate the federal requirements for adoption assistance agreements.
The Negotiation Worksheet considers both the child’s needs and individual family circumstances.
There are 21 separate items addressing the child’s needs divided into four subcategories:
Medical and Developmental,
Mental Health,
Behavioral Needs and
Other Needs.
A subsequent section presents 12 situations pertaining to the individual family’s circumstances. The Family Circumstances section also contains guidance for discussion and negotiation.
Implications for Ohio
If no other reforms are made, the use of an instrument like Colorado’s Adoption Assistance Negotiation Worksheet would help standardize the negotiation process in Ohio. We have been limited, up to now, to improving the negotiation of adoption assistance on a case-by-case basis. A comprehensive worksheet that covers a wide range of children’s needs and families’ circumstances could function as a training device for county agencies. Based on our experiences with individual cases, the use of a standardized tool, rooted in federal law, would probably result in fairer and more supportive adoption assistance agreements.
Without additional policy changes a comprehensive instrument such as Colorado’s Adoption Assistance Negotiation Worksheet would not cure:
a. Disparities in foster care payment rates among Ohio counties, or
b. The large gap between family foster care rates and adoption assistance both within and between counties.
Colorado has also established family foster care categories with daily “adjusted” foster care payment rates. The daily “adjusted” foster care rates set maximum adoption assistance payments in each of the categories below.
Ages 0-8; $40.02 per day.
Ages 9-14; $51.03 per day.
Ages 14+; $62.04 per day.
Therapeutic; $102.66 per day.
Treatment; $92.01 per day.
Colorado counties are not required, however, to make foster payments at levels set by the state. As in Ohio, foster care payment rates and therefore adoption assistance payments vary from county to county. At this point, I don’t know if Colorado counties have produced the same sizable gaps between foster care and adoption assistance payments.
Ohio might consider establishing uniform foster care definitions across Ohio counties. That change, along with standard provisions for level of care assessments for foster children could help to make the process of negotiating adoption assistance more consistent. Without additional changes, however, the disparities between foster care and adoption assistance payments would remain.
