Federal Policy Announcements: Letter Concerning Status of PIQs

[Current Status: Q&A 1, 2 withdrawn in January 2001 by PA-01-01]

Carol Williams is Head of the Children's Bureau, the division of the U.S. Department of Health and Human Services that is responsible for publishing federal interpretation pertaining to the Title IV-E adoption assistance program. Her responses to Ms. Follansbee's (Now Ms. Stewart) questions affirm that children adopted through private agencies have the same access to adoption assistance as children placed through public agencies. Ms. Williams also makes the very significant point that PIQ's and other policy statements issued by the Children's Bureau are interpretations and clarifications of existing law, not changes or amendments.

Would grounds for a fair hearing exist if a private, non-profit agency fails to notify or advise adoptive parents of the availability of adoption assistance for a child who was in the care and under the responsibility of the private, non-profit agency?

Yes. Grounds for a fair hearing exist when a private, non-profit agency fails to notify adoptive parents of the availability of adoption assistance for a child in its care. The very purpose of the title IV-E adoption assistance program is to encourage the adoption of hard-to-place children. Notification to potential adoptive parents about its availability is an intrinsic part of the program. Accordingly, the private non-profit agency's failure to the parents may be considered an extenuating circumstance" which justifies a fair hearing.

Is a child with special needs who is adopted through a private, non-profit agency eligible for adoption assistance after a final decree of adoption? If yes, what is the procedure that must be followed to obtain adoption assistance?

Yes, a child whose placement and care are the responsibility of a private, non-profit agency may be eligible for title IV-E adoption assistance payments after a final decree of adoption. The child must meet the eligibility requirements in section 473 (a) (1) of the Social Security Act [section 673 (a) (1) of the U.S. Code] and be determined by the State to be a child with special needs in accordance with 473 (c) of the Act [section 673 (c) of the U.S. Code].

In order to obtain adoption assistance after finalization, the adoptive parents' request for subsidy must either be denied or the agency must fail to notify the adoptive parents regarding the availability of subsidy. The parents may then request a fair hearing under section 471 (a) (12) of the Act. The fair hearing process requires that participants be advised of their right to a hearing, that they may be represented by an authorized representative, and that there be a timely notice of the date and place of the hearing.

Each State title IV-B/IV-E agency is required to have a fair hearing process in place that addresses the procedure that the adoptive parents must follow. It should be noted that it is acceptable for States to have written guidance regarding the types of situations that would constitute the grounds for a fair hearing, in order to assist fair hearing officers. State policies, however, may not define the grounds for a fair hearing more narrowly than does Federal Policy (See ACYF-PIQ-83-4, dated October 26, 1983, and ACYF-PIQ-88-06, dated December 2, 1988, for further guidance.)

What is the significance of Policy Interpretation Questions issued by the U.S. Department of Health and Human Services and are they interpretations of the law?

Policy Interpretation Questions and other issuances developed by this Department are interpretations of statute and are disseminated as a mechanism to further clarify statutes and regulations that are already in place.