Federal Policy Announcements: PIQ-88-06

[Current Status: Withdrawn in January 2001 by PA-01-01]

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Children, Youth and Families

1. Log No. ACYF-PIQ-88-06
2. Issuance Date: 12/2/88
3. Originating Office: Children's Bureau
4. Key Word: Eligibility for Title IV-E Adoption Assistance

TO: State Agencies Administering or Supervising the Administration of Title IV-E of the Social Security Act and Indian Tribes and Indian Tribal Organizations

SUBJECT: Eligibility for Title IV-E Adoption Assistance

STATEMENT OF PROBLEM:

Region IV has asked a question on behalf of the State of Tennessee regarding the availability of adoption assistance through the Adoption Assistance Program under title IV-E of the Social Security Act. The question concerns a couple who recently adopted two children (siblings) through the Tennessee Department of Human Services who had been living with the family in foster care for about eight years prior to adoption. The parents requested adoption assistance for both children; however, Tennessee's definition of a special needs sibling group is one which includes at least three children and the two girls were not eligible on this basis. The older child was determined eligible under the title IV-E program because of her age, but the other child was too young under the State's definition of "a child with special needs."

The parents notified the agency prior to the adoption that the younger child was experiencing neck and back pain. The child was taken to several doctors for a diagnosis which would establish the child's eligibility for assistance; however, examining physicians were unable to make a diagnosis at that time and the request for assistance was denied. Later, after the adoptions of both children had been legalized, the younger child was diagnosed as having junior rheumatoid arthritis. The parents again requested adoption assistance for the child.

Page 2

The State has denied the parents' request, based on the Federal regulation (45 CFR 1356.40 (b)(1)) requiring that the adoption assistance agreement be signed and in effect prior to the final decree of adoption in order to provide assistance under title IV-E.

The parents believe the denial was unfair because the child's medical condition was not properly considered, and they also claim that they were not fully informed by the agency staff as to the eligibility requirements of the adoption assistance program. Additionally, the parents expressed fear that the State agency would deny the adoptions if they did not sign the legal papers when requested.

LEGAL AND RELATED REFERENCES:

Social Security Act, Sections 473(a) and (c) and 471(a)(12); 45 CFR 1356.40 (b)(1).

QUESTION:

If the adoptive parents are able to prove to the State agency's satisfaction that all facts relevant to their request for adoption assistance were not presented at the time adoption assistance was discussed, may the State reverse an earlier decision to deny benefits under title IV-E?

ANSWER:

Yes, under certain specified conditions. According to the Federal regulations at 45 CFR 1356.40(b)(1), the adoption assistance agreement must be signed and in effect at the time of or prior to the final decree of adoption in order to provide assistance under title IV-E.

However, if there are extenuating circumstances, the adoptive parents may request a fair hearing under section 471(a)(12) of the Act. If the hearing determines that all of the facts relevant to the child's eligibility were not presented at the time of the request for assistance, the State may reverse the earlier decision to deny benefits under title IV-E.

Dodie Truman Borup
COMMISSIONER