Extending Title IV-E Adoption Assistance Beyond the Age of 18.

A Review

I don’t know if the procedure for extending Title IV-E Adoption Assistance from age 18 to 21 causes problems for many families. Just in case, I will review the current policy in Ohio. I suggest that adoptive parents explore the extension of adoption assistance soon after their child turns 17. Parents should allow enough time to familiarize themselves with the eligibility criteria, to raise any questions with the agency about meeting the criteria and to take necessary steps to meet the eligibility criteria.

For some families, a child’s (young adult’s?) special needs condition or disability will be sufficiently limiting that extending adoption assistance beyond age 18 will encounter little, if any, opposition. In other cases, the child’s impairment may be less obvious and require specific kinds of documentation. Contacting the county agency soon after the child’s 17th birthday to inquiry about extending the child’s adoption assistance is a sound move if a parent feels that more support is needed to help their child make the transition to adulthood.

A Reminder: The underlined portions of the text below are links to Ohio Administrative Code sections and relevant portions of the Ohio Revised Code (laws). Click on them for specific regulatory language.

Eligibility Criteria

Ohio Administrative Code (OAC) rule, 5101:2-49-04 (B) lays out a number of ways to extend adoption assistance to beyond age 18. As you will see, understanding how to satisfy the eligibility criteria, then taking the steps to do so, can be time consuming. That is why it’s a good idea to begin to explore the process well in advance of a child’s 18th birthday. The following are eligibility requirements, paths to continue a child’s adoption assistance.

Social Security Eligibility

A qualified employee of the Social Security Administration determines that the child meets one of the disability standards which makes him or her eligible for:

a. SSI

b. Social Security Disability benefits

c. Social Security benefits due to the death of a biological or adoptive parent.

Note: At age 18, the adoptive parents’ income is no longer considered or “deemed” as income to the child. Unless a child’s problems fall into a defined SSI disability category, going through the Social Security Administration can be a lengthy process.

A Medical Condition, Mental Disability or Physical Disability

Taking this pathway involves obtaining a detailed statement from a qualified professional (See Paragraph (B)(2) of OAC 5101:2-49-04. The statement must include:

a. A confirmation that the child is substantially limited in “one or more major life activities, including self-care and the overall capacity for self-sufficiency/meeting the ordinary demands of life.”

b. An opinion on the origins of the child’s disability or condition, including “past history, prognosis, and recommendations related to potential treatment needs.”

c. A determination that the child’s disability or condition “is the direct result of one of the following:

i. Developmental Disability “as defined in 28 C.F.R. 35.108 [August 11, 2016] and section 5123.01 of the Ohio Revised Code.”

ii. Medical Condition “causing permanent distress, pain, dysfunction or social problems. that require ongoing treatment.” The medical condition must have been diagnosed prior to the final or can be traced back to the child’s preadoptive history.

iii. Mental illness, as defined in section 5122.01 of the Ohio Revised Code.

Note: These criteria may look familiar because they bear a striking resemblance to the “Special Needs” ($20,000) category in the Ohio Adoption Grant Program. This road to extending adoption assistance to age 21 may not be as daunting as it first appears. As I mentioned, some children will have a diagnosed condition that obviously qualifies them for continuation of their adoption assistance. In other cases, there may be a need for additional clarity.

I am not aware of any written guidance that offers “qualified professionals” and adoptive parents information and examples of disability submissions that would qualify a child for an extension of adoption assistance beyond the age of 18. I suggest that adoptive parents contact the county agency and as their designated “professional” to contact the county agency and the Ohio Department of Children Services (ODJFS) as needed to clarify the information that must be submitted.

Paragraph (F) of OAC rule, 5101:2-49-04 requires county agencies to advise adoptive parents of “all necessary documentation that is to be submitted to continue an AA agreement.” Given variations in levels of training across the state, however I would advise adoptive parents to take the initiative.

Remedial Services

Some children may be able to meet one of the following eligibility requirements in this category more easily than the requirements listed above. The following list is taken directly from OAC 5101:2-49-04. The child is participating in one of the following rehabilitation programs:

a. Vocational rehabilitation as administered by the bureau of vocational rehabilitation through opportunities for Ohioans with disabilities.

b. Services for the visually impaired as administered by the bureau of services for the visually impaired through the opportunities for Ohioans with disabilities.

c. The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides. The adoptive parent(s) is responsible for providing official documentation from the school that the child is attending and participating in special education services.

d. The child is eligible for services administered through the department of developmental disabilities (DODD).

e. The child is participating in an equivalent to one of the above programs in the state where he or she resides.

Suppose the agency agrees that adoption assistance should be extended beyond age 18, what happens next?

The adoption assistance agreement must be amended. The amended agreement becomes effective on the date that one of the eligibility requirements listed above is met.

Can the monthly payment in the amended adoption assistance agreement be re-negotiated?

Presumably, yes. That is, I don’t see any provision on the law that would prevent a renegotiation.

Does that mean the adoptive parents would have the opportunity for mediation and the right to a hearing if the parties to the negotiation could not reach an agreement?

Presumably, yes. Once again, I don’t see any provision on the law that would prevent a renegotiation.

What if the agency determines that none of the eligibility requirements for extending adoption assistance beyond age 18 were met?

The agency must issue a written denial to the parents and inform them of their right of appeal through a hearing and how to request one. The Notice of Denial must inform the adoptive family the reason why it has concluded the child failed to meet the eligibility requirement in question, so the parents can prepare a counter argument for a hearing.

What is the deadline for requesting a hearing in cases such as these?

The adoptive parents have 15 days from the mailing date of the agency’s termination notice.

If the adoptive parents make a timely request for a hearing does the child’s adoption assistance continue?

Yes. The adoption assistance continues at least until the hearing decision is issued.

Can an agency terminate a child’s adoption assistance without providing the parents with a written Notice of Denial and sufficient information to enable the parents to exercise their right of appeal?

No.

Must the child’s/young adult’s disability be verified each year?

Yes. In most cases, however, once established the child’s/young adult’s disability status will not be difficult to reaffirm.