Initial Letter to County Agencies, Part 1
Establishing a Context for Negotiating an Adoption Assistance Agreement
From time to time, adoptive parents and soon to be adoptive parents ask about submitting letters (e-mail communications) to county agencies at the beginning of negotiations for Title IV-E Adoption Assistance payments. Alas, there is no model draft because each child’s and thei parents’ situation is different.
I can offer some suggestions, however, based on my imperfect knowledge of adoption assistance policy and common practices of county agencies across the state. Here are some typical scenarios.
Scenario 1: The county agency presents you with a form or checklist that focuses fairly exclusively on the costs of treating your child’s special needs, leaving out your family circumstances and other concerns you might have.
Scenario 2: The county agency asks you to submit a monthly adoption assistance payment for your child before an actual discussion has taken place.
Scenario 3: The county agency proposes an adoption assistance payment amount before an actual discussion has taken place.
Suggestion. The Beginning of a Possible Letter to the County Agency
Before you present your child’s needs and family circumstances, or propose an amount of adoption assistance, I suggest you establish a context for future discussions with the agency. I suggest you begin by setting out your basic understanding of the negotiation process in order to see how the agency will respond. You could write something like, the following:
Before proposing a monthly payment and discussing _______’s needs and our family circumstances, we want to convey to you our understanding of the policies and procedures for negotiating an adoption assistance agreement. We offer these expectations in hopes that we can proceed with a common understanding of the negotiation process.
1. Adoption assistance is not a “defined benefit” program, limited only to costs associated with treating the problems associated with ______’s special needs.
2. “Special needs” is an eligibility requirement for adoption assistance. When discussing adoption assistance payments, federal law employs the broader term “child’s needs”.
3. Adoption assistance is designed to serve as a negotiated monthly supplement, a lump sum, to be combined with our own resources.
4. The overall purpose of adoption assistance is to support _______’s successful integration into our family. As _______ future parents, we are partners in the negotiation process.
5. There are no issues or cost that are automatically excluded from the negotiation of adoption assistance. Any concern that affects our capacity to provide a healthy family for ______ is a legitimate topic for negotiation, including:
The capacity to provide various services, therapies, activities and programs designed to address the problems ________ is struggling with or is likely to struggle with as he/she grows older.
The capacity to provide for _______’s ordinary daily needs.
The necessary adjustments to our family circumstances we have made or will make to meet all of ______’s care needs. [Here mention a significant adjustments you have made or will make that will affect your ability to provide for all of your child’s needs, such as leaving a job, retirement, the need for appropriate child care].
See Section 8.2D.4, Questions 1 and 3 of the federal Child Welfare Policy Manual and OAC 5101:2-49-05.
OK, O’Hanlon. We knew this day would come and you would lose contact with realty altogether. Is there, at long last, no end to your arrogance? Why convey your understanding of the negotiation process before simply proposing a monthly adoption assistance payment or presenting your child’s needs and family circumstances?
You, of course, will need to tailor your message and the tone of the letter to reflect your own experience with the agency. There is no magic in these suggestions and, of course, I’m not the boss of you. Here are some humble thoughts on the matter.
Agencies frequently, and incorrectly, portray adoption assistance as a “defined benefit” program, limited to funding services directly related to your child’s special needs. By presenting the view that adoption assistance negotiations should concentrate on the successful incorporation of an individual child into a particular family, you are offering a version of adoption assistance that is more consistent with federal and state law.
By taking the initiative to present your understanding of adoption assistance negotiations, supported by references to federal and state policy, you convey the message that you know what you are talking about.
By asking the agency to respond to your understanding of adoption assistance negotiations, you are indicating a willingness to engage the agency in a good faith dialogue.
See also “Adoption Assistance Negotiation Scenario. The Agency Sends a Checklist,” May 18, 2023.