Negotiating an Increase in Adoption Assistance
I hope everyone had a nice, peaceful Thanksgiving. What about those intrepid adoptive parents who are taking their second trip on the "Negotiationland Crazy Train?" Why would anyone do that, you ask? These folks want to amend their child’s Title IV-E Adoption Assistance Agreement. Specifically, they want to negotiate an increase to their child’s monthly adoption assistance payment. Here are some suggestions. Click on the underlined links for more detailed information.
There is no standard form to amend an adoption assistance agreement. Contact the county agency by e-mail or letter and request an amendment/modification. Tell the agency your are requesting an increase in the monthly adoption assistance payment because of changes in your child’s needs and your family circumstances. (Cite Ohio Administrative Code [OAC] rule 5101:2-49-12). You can either go into detail about your reasons for the request or wait for an agency response.”
You are requesting a re-negotiation of the monthly adoption assistance payment because you were unaware of problems that existed at the time of the initial agreement or because of changes that have occurred since the initial agreement.
Remember that adoption assistance is designed as a monthly supplement that, when combined with your own resources, will enable you to make the necessary adjustments to effectively maintain a permanent family for your child. As you know, this means addressing both your child’s ordinary and special needs. Frame your concerns in the context of providing a healthy, permanent family.
The requirements for renegotiation are the same as those for negotiation of the initial agreement. Agencies may not ignore requests to amend adoption assistance agreements.
The maximum amount adoption assistance is the payment the child would receive were he or she placed in foster care at the time the re-negotiation is taking place. (See OAC 5101:2-49-05 E). This, of course, requires a dialogue with the public agency regarding the child’s level of care and corresponding county foster care payment levels.
There are no expenses, services or family adjustments that are automatically ineligible for consideration during an initial negotiation or re-negotiation of the child’s adoption assistance agreement. Anything that affects the parents’ capacity to address the specific child’s needs is germane. Once again, the foster care maintenance payment rate sets the ceiling on payment increases in adoption assistance.
Families have the right to mediation, to file a complaint with the Youth and Family Ombudsman Office or to request a hearing if the re-negotiation process remains deadlocked in spite of good faith efforts to reach an agreement.
Requests to amend an adoption assistance agreement may be made at any time. Parents do not need to wait until the annual re-certification of the child’s eligibility for adoption assistance to re-negotiate.
It should be mentioned that parents’ have somewhat more leverage in negotiating an initial adoption assistance agreement because county agencies are under some pressure to finalize the adoption. After the final decree of adoption, the agency has less incentive to reach a new agreement.
Despite agency assurances that initial adoption assistance agreements can be renegotiated, parents should include anticipated needs and adjustments in parental circumstances they have concerns about negotiating the initial adoption assistance agreement. The federal Child Welfare Policy Manual and OAC rule 5101:2-49-05 both include anticipated needs in discussing the negotiation of initial adoption assistance agreements.