Four Proposal to Make the Negotiation of Adoption Assistance in Ohio More Consistent and Less Stressful for Adoptive Families
These reforms could be written into Ohio Statutes as well as into state regulation
Draft Provisions to Make the Administration of Ohio’s Title IV-E Adoption Assistance More Consistent Across the State
Title IV-E Adoption Assistance is unlike other federal and state benefit programs in that adoption assistance payments are determined through negotiation between prospective adoptive parents and Ohio’s public county children services agencies (PCSAs). At least, according to federal law, they are supposed to be. Ohio’s county administered child welfare system, however, produces inconsistencies in knowledge and practice that work to the disadvantage of special needs adopted children and their parents.
The following draft provisions, if implemented, would not solve current inequities among Ohio counties, but they would mark an important first step toward greater fairness and more consistent practice across the state.
1. Enact a state rule preventing Ohio County Public Children Services Agencies (PCSAs) from threatening to find a new adoptive family as an intimidation tactic to aimed at preventing prospective adoptive parents from exercising their right to negotiate IV-E Adoption Assistance Agreements on behalf of their special needs children.
Draft Text. Adoptive and prospective adoptive parents shall have the right to negotiate Title IV-E Adoption Assistance Agreements with Ohio public children services agencies (PCSAs) in accordance with Section 473 (a)(3) of the Social Security Act, applicable sections of the federal Child Welfare Policy Manual and the Code of Federal Regulations at 45 CFR 205.10. The decisions of adoptive and prospective adoptive parents’ decisions to exercise this right and the right to appeal agency decisions shall not serve as a reason for finding another adoptive family for the child.
Explanation: The threat to find another adoptive family is an all too common tactic to prevent prospective adoption parents from exercising their due process rights to negotiate IV-E Adoption Assistance for their special needs children. The threat to sever the bonds between a child and the caretakers (usually the foster parents) committed to integrating the child into a permanent adoptive family is clearly contrary to the child’s welfare. Unfortunately. However, there is no explicit prohibition against this reprehensible practice.
2. The Ohio Department of Job and Family Services should issue a Procedure Letter and enact a state rule establishing the Child Welfare Policy Manual as an authoritative source for the interpretation of federal adoption assistance law.
Draft Text. The Ohio Department of Job and Family Services’ (ODJFS) shall recognize the federal Child Welfare Policy Manual as providing authoritative interpretations of federal adoption assistance law. Ohio PCSAs and ODJFS hearing officers shall apply applicable sections of the Child Welfare Policy Manual in their interpretations of Ohio adoption assistance policy and rules.
Explanation: The federal Administration for Children and Families’ Children’s Bureau at HHS has administered Title IV-E Adoption Assistance primarily through various Policy Issuances instead of federal regulations. In the early years of the 21st Century, the Children’s Bureau consolidated the Policy Issuances into an online Child Welfare Policy Manual, organized into sections by topic. The manual is updated regularly.
Ohio’s IV-E State Plan pledges to abide by pertinent federal laws, regulations and “official policy issuances” as a condition for federal funding. ODJFS, Ohio’s IV-E agency, has never formally confirmed the authority of the Child Welfare Policy Manual and informed the Ohio PCSAs or its own state hearing officers. ODJFS’ failure to communicate the authoritative role of the Child Welfare Policy Manual to PCSAs and ODJFS hearing officers has led to inconsistent and incorrect decisions that have imposed unnecessary hardships on adoptive families by incorrectly denying adoption assistance to their special needs children.
3. Enact a state rule Requiring Annual Training in the Title IV-E Adoption Assistance program
The Ohio Department of Job and Family Services (ODJFS) shall provide annual training on the Title IV-E Adoption Assistance program to Ohio PCSAs, ODJFS hearing officers and foster and adoptive parents. The training curriculum shall be developed by ODJFS policy staff, in collaboration with the North American Council on Adoptable Children (NACAC), or an expert on adoption assistance policy recommended by NACAC. The training shall be consistent with applicable sections of Child Welfare Policy Manual. At minimum it shall include:
A. The Fundamental Goal of Adoption Assistance. To Provide a monthly supplemental adoption assistance payment that, when combined with the family’s own resources, will enable the parents to successfully incorporate and sustain a special needs adopted child in a healthy, permanent family.
B. Issues to be Considered When Negotiating an Adoption Assistance Agreement to Support the Incorporation of the Child into a Permanent Family, including current and anticipated needs and adjustments in family circumstances
Explanation
Ohio’s County Administered Child Welfare System encourages the inconsistent operation of the Title IV-E Adoption Assistance program. County agency officials are poorly informed about the nature and purpose of the adoption assistance program as well as its requirements Many agencies continue to treat adoption assistance as a “defined benefit” program, contrary to federal and state law.
4. Enact a state rule requiring ODJFS to develop procures for the resolving disagreements over the negotiation of an adoption assistance agreement when mediation and a state administrative hearing fail to do so.
Draft Text. The Ohio Department of Job and Family Services (ODJFS) shall develop procedures for resolving disputes between Ohio Public Children Services agencies (PCSAs) and prospective adoptive parents or adoptive parents over the amount of Title IV-E Adoption Assistance, when mediation and state hearings have failed to result in an adoption assistance agreement.
Explanation
A slowly increasing number of disputes over the amount of adoption assistance are being settled through mediation. Comprehensive statewide training also will help to encourage the negotiation of adoption assistance agreements. At present, however, there are no realistic remedies available when an agency refuses to negotiate an adoption assistance agreement in good faith or to comply with a state hearing decision ordering the county to re-enter negotiations with the parents. The only option for parents is litigation through the courts, which often lasts months or even years.
There are a number of paths the state could take to resolve disputes over the amount of adoption assistance that are compatible with federal law. The problem has plagued Ohio’s Title IV-E Adoption Assistance program for decades.