Federal Policy Anticipates All of the Adoptive Parents' Concerns Will Be Discussed During the Negotiation of Adoption Assistance

Negotiation Should Include Discussions of Individual Family Circumstances and the Child's Anticipated Needs

Last week, I helped an adoptive parent draft a response to an agency that proposed monthly adoption assistance payments of ranging from about $500-$650 each for two very young children with multiple problems. One child was receiving foster care payments of about $1,500 each month and the other around $1,180. 

Let me emphasize that I am in no position to judge the amount of adoption assistance a family needs. That decision is entirely up to the family. My role, as I see it, is to inform the adoptive parents about federal and state policy, so they can become effective, confident advocates for their children. Ultimately, the objective is not to negotiate the highest adoption assistance payment possible, but to reach an agreement that is consistent with the child’s needs and the family’s individual circumstances.

In this case, the adoptive parents were concerned that the amount of adoption assistance proposed by the agency was not an adequate supplement to their own resources, as they looked ahead to the integration of two special needs children into a permanent family. In crafting a response, the parents cited two issues, that the agency overlooked.

1. Family Circumstances. Only one parent worked outside the home at a modest salary. The adoptive mother was a full-time caregiver with four children in the home in addition to the two boys being adopted.

2. Anticipated Needs. Both boys being adopted were quite young and they were already receiving services from a number of medical specialists.

In support of their response, the adoptive parents cited two policy statements from Section 8.2D.4, Questions 1 and 3 of the federal Child Welfare Policy Manual which provides guidance on the process and criteria for negotiating adoption assistance.

From Question 1. (Emphasis is added).

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 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.

From Question 3. (Emphasis is added).

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.

So What?

The agency responded with a new proposal of adoption assistance payments over $1,000 a month for each child. The parents accepted the agency’s revised proposal as sufficient, even though they probably could have held out for higher rates.

I am not claiming any magic here. There are way too many variables to draw any reliable conclusions from this one example. Given the increase in state funding for IV-E Adoption Assistance in 2023 and access to the mediation process, however, a handful of individual cases suggest that informed adoptive parents may have a better opportunity to negotiate the adoption assistance their children need. See “Breaking News! Ohio Raises State's Financial Participation in IV-E Adoption Assistance Program,” January 5, 2023. See also, “A Few Adoption Assistance Agreements Negotiated in 2023,” July 27, 2023.

Retirement, leaving paid employment to provide greater care, the number of other children in the home and other specific family circumstances obviously affect the capacity of the adoptive parents to successfully incorporate a special needs child into a permanent home. As discussed in the Child Welfare Policy Manual, family circumstances are an essential concern of adoptive parents and therefore an essential feature of any negotiation of adoption assistance. Anticipated needs are also a common concern.

In the particular case cited above, the adoptive parents described specific family circumstances and anticipated needs of the children they were in the process of adopting in response to the agency’s initial proposal of adoption assistance for the two young boys, which the parents considered inadequate. Other parents faced with a similar situation would be well-advised to do the same, if key elements are missing from the negotiation.