Do We Need Clear Guidelines for the Negotiation of Adoption Assistance in Ohio?
I think we do. Here is a draft to consider
Negotiation and re-negotiation of Adoption Assistance is more difficult than determining eligibility for programs like Medicaid or SNAP. In those programs if the applicant meets the income test based on family size, a “defined benefit” is awarded.
On the other hand, federal and state laws governing the negotiation of Adoption Assistance provide an opportunity for the parents and agency to seriously consider the level of supplemental support that, when combined with the parents’ own resources, will enable them to integrate and sustain a traumatized child into a permanent, nurturing family. This is the universal concern of all of the adoptive parents I have worked with over many years.
For the adoptive parents, the negotiations are deeply personal because they have a direct effect on their lives and those of their children. Federal and state regulations recognize this by asking the parties to consider all of the challenges involved in providing a family:
Treatments designed to address obstacles to the child’s healthy growth and development,
Meeting the child’s daily needs, and
Making adjustments in time, travel and work patterns to provide for the child’s care needs.
Negotiation Procedures Prescribed in Federal and State Law Are Not Well Established in Ohio County Agencies
Standardizing the negotiation of Adoption Assistance in a county administered child welfare system like Ohio’s is no easy task for a number of reasons. Federal law itself does not provide a quantitative formula for determining if an Adoption Assistance Agreement reflects the child’s current and anticipated, special and ordinary needs given the “overall circumstances of the adoptive family. A number of county agencies, for example, routinely dismiss the impact on the family’s circumstances that occurs when a parent leaves employment outside the home to provide for their child’s extensive care needs.
While the state cannot be expected to establish a formula for determining Adoption Assistance payments, it can provide county agencies with guidance that would make steps in the negotiation process more consistent across the state and make life easier for mediators and hearing officers.
I am attaching a rough draft that attempts to walk the agency and parents through the process of negotiating Adoption Assistance as reflected in federal and state policy. The draft attempts to capture the important things that I think should be discussed and considered. It has no official status and I have asked various state officials to offer comment, but have received no responses so far.
Hopefully, the draft will generate thoughts and discussions about what a negotiation should look like and what issues should be considered. As always, feedback is welcome.
