Md. Code Regs. 07.02.12.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 07.02.12.06 - State-Funded Monthly Adoption Assistance

A. State-funded adoption assistance is medical benefits, and in appropriate cases a monthly payment, to adoptive families on behalf of eligible adoptive children with special needs that is intended to help defray the cost of raising such children.

B. An eligible child:

(1) Is not eligible for a IV-E monthly adoption assistance;

(2) Is in the guardianship of a public or private agency or is going to be adopted in a consensual adoption pursuant to Family Law Article, § 5-338, Annotated Code of Maryland; and

(3) Has a special needs factor as set forth in Regulation .02B(35) of this chapter.

C. A child is not eligible for adoption assistance if being adopted by a biological parent whose rights were previously terminated.

D. Payments.

(1) The adoption assistance payment shall be determined through negotiation and agreement between the local department and the adoptive parent.

(2) The adoption assistance payment may be combined with the parent's financial resources to assist with meeting the child's identifiable, quantifiable current and future needs.

(3) The amount and duration of the payment:

(a) Shall be based on the needs of the child and the circumstances of the family; and

(b) May not exceed the foster care payment received by the foster parents for the child.

(4) The amount of the adoption assistance payment for a medically fragile child adopted by his or her treatment foster parents may not exceed the foster care payment received by the treatment foster parents up to a maximum of $2,000.

(5) Additional allowances, such as those for transportation, day care, camp, or other differential amounts paid to resource parents in certain counties, that may be paid to a resource parent in addition to the board rate may not be included in the adoption assistance rate.

(6) Negotiation.

(a) A local department shall negotiate the amount of the adoption assistance based upon the needs of the child and the circumstances of the family and the family's ability to incorporate the child into their household.

(b) As part of the negotiation process, a local department shall assess a child's needs based on documentation in the record or provided by the adoptive family and any additional relevant information.

(c) The negotiation process shall include a discussion of the child's needs, the family's circumstances, and the assistance a department may provide to help a family assume primary financial responsibility for a child.

(d) The local department and the adoptive parent shall explore the availability of other resources, such as SSI and other Social Security benefits, adoption tax credits, tuition waivers, educational or vocational training assistance, and community supports that may be available to meet the child's needs on an ongoing basis after the finalization of the adoption.

(7) Concurrent Receipt of Benefits or Other Income.

(a) If a child receives SSI and State-funded adoption assistance, the SSI shall be reduced dollar for dollar in the amount of the adoption assistance.

(b) If a child receives other Social Security benefits, such as disability, survivor's benefits or retirement benefits, or other income, the monthly adoption assistance payment may be reduced to reflect the receipt of the additional resources.

(c) The family shall report their receipt of benefits to the Local Department while the Adoption Assistance Agreement is in effect.

(8) Adoption assistance payments shall become effective on the date the adoption is finalized.

(9) If the local department makes an overpayment through error or some other means the local department may recover the over payment.

E. Adoption Assistance Agreement.

(1) An adoption assistance agreement shall be in writing, and binding on all parties.

(2) An adoption assistance agreement shall be on a form approved and distributed by the Administration.

(3) An adoption assistance agreement shall be signed by the director of a local department, or designee, and the adoptive parent prior to the finalization of the adoption.

F. Medical Benefits.

(1) A child who is eligible for State-funded adoption assistance is eligible for Medicaid under Maryland's Medicaid State plan.

(2) A child with an adoption assistance agreement that provides for a $0 monthly payment shall be eligible for Medicaid under Maryland's Medicaid State plan.

(3) A State-funded adoption assistance recipient who moves to another state may be eligible for Medicaid in the new state of residence if the state offers reciprocity for children from Maryland who have a State-funded adoption assistance agreement.

G. Interstate Adoption.

(1) If the State public child welfare agency has responsibility for placement and care of a child prior to finalization of the adoption, that state shall be responsible for entering into the adoption assistance agreement with the family, provided the child is an eligible child.

(2) If the State public child welfare agency does not have responsibility for placement and care of a child, the adoption assistance agreement should be applied for and made in the adoptive parents' state of residence. In that event, the public child welfare agency in the adoptive parents' state of residence is responsible for determining whether the child meets the definition of special needs, entering into the adoption assistance agreement and paying the subsidy, consistent with the way public benefits are paid in other programs.

(3) An adoption assistance payment shall not exceed the foster care payment received by the foster parents for the child.

(4) The adoption assistance agreement shall remain in effect if the Maryland adoptive parent and the child move to another state.

(5) In order to protect the interests of the child, the local department shall follow the procedures established by the Interstate Compact on Adoption Medical Assistance to facilitate the interstate coordination of benefits.

(a) The adoptive parent shall be referred by the local department to the appropriate federal Title XIX and Title XX agencies in their state of residence or tribal service area.

(b) The local department shall provide the state of residence or tribal service area with documentation regarding the child's eligibility for Medicaid and Title XX services as provided by the state of residence, or tribal service area.

H. Death of Parents and Dissolution of the Adoption.

(1) Adoption assistance may not be denied to a child whose adoption has dissolved or whose adoptive parents have died if the child:

(a) Received adoption assistance during the child's prior adoption; and

(b) Continues to meet the special needs eligibility criteria set forth in §B of this regulation.

(2) The adoption assistance may be paid on behalf of the child to a subsequent caretaker if:

(a) The caretaker assumes legal custody and/or guardianship of the child; and

(b) The local department has determined that the caretaker is able to provide appropriate care for the child.

(3) Adoption assistance may not be paid on behalf of an adoptive child to a biological parent who has been awarded legal custody and/or guardianship of the child.

I. Annual Redetermination.

(1) The local department shall confirm annually the child's continued eligibility for adoption assistance.

(2) At least 90 days prior to the renewal due date, the local department shall send the adoptive family a written request for the required information necessary for redetermination.

(3) At least 60 days prior to the annual renewal due date, the adoptive family shall submit documentation to enable the local department to determine that:

(a) The family is still legally and financially responsible for the care of the child at the time of the redetermination;

(b) The child continues to meet the special needs criteria; and

(c) The current amount of the adoption assistance payment is appropriate.

(4) The family shall submit the following documents:

(a) If the child is younger than 18 years old and not required to attend school due to age, proof of routine medical care provided to the child within 6 months prior to the renewal date;

(b) If the child is younger than 18 years old and of the age where school attendance is compulsory:

(i) A current report card;

(ii) Documentation of current participation in a home and hospital educational program approved by the educational agency in the child's place of residence; or

(iii) Documentation that the child is currently incapable of attending school on a full-time basis due to a documented medical condition of the child;

(c) If the child is enrolled in a home school program approved by the educational agency in the child's place of residence, proof of current enrollment in the program and proof of routine medical care provided to the child within 6 months prior to the renewal date; or

(d) If the child is 18 years old or older:

(i) Documentation that the child has a mental or physical disability warranting the continuation of assistance; or

(ii) Completing secondary education or a program leading to an equivalent credential; or

(iii) Enrolled in an institution which provides post-secondary or vocational education; or

(iv) Participating in a program or activity designed to promote, or remove barriers to employment; or

(v) Employed at least 80 hours per month; or

(vi) Incapable of doing any of the above described activities due to a medical condition.

(5) Suspension.

(a) A local department shall suspend the adoption assistance because of the following:

(i) the adoptive family's failure to return the required information for renewal to the department;

(ii) a child who was adopted re-enters out-of-home care.

(b) At least 30 days in advance of the planned suspension of the adoption assistance payments, a local department shall send the adoptive parent a:

(i) Notice that includes the intent to suspend the adoption assistance;

(ii) Statement of the specific regulations cited as grounds for suspension; and

(iii) Statement describing the adoptive family's right to appeal the decision to the local department.

(c) If the payment is suspended due to family's failure to return the required information for renewal to the local department,, the payment shall be reinstated on the date the adoptive family provides the required documentation, and a separate intended action letter must be sent to the family.

J. Renegotiation of Adoption Assistance.

(1) The amount of the adoption assistance may be renegotiated at the request of the adoptive parent or the local department at any time while the adoption assistance agreement is in effect.

(2) To assist in the renegotiation process, the local department shall request information from the adoptive family regarding any changes in circumstances that would justify an adjustment in the amount of adoption assistance, such information may include:

(a) School reports;

(b) Psychological evaluations;

(c) Medical reports;

(d) Costs and descriptions of services needed for the child, including documentation that services are not covered by the current adoption assistance amount or by medical assistance or community resources; and

(e) The amount of the adjustment requested.

(3) The renegotiated adoption assistance amount may not exceed the foster care payment the adoptive parent received when the child was in out-of-home care.

(4) Changes in the adoption assistance amount shall be approved by the Administration.

(5) If a child receives Social Security benefits, such as survivor's benefits, retirement benefits, or old age benefits, the State-funded monthly adoption assistance payment may be reduced to reflect receipt of this resource.

K. Termination of Adoption Assistance.

(1) State-funded adoption assistance may be terminated upon the occurrence of any of the following conditions:

(a) A child re-enters out-of-home placement;

(b) A legally responsible adoptive parent no longer provides the child's primary financial support;

(c) An adoptive parent's rights have been terminated;

(d) An adoptive parent dies and there is no suitable subsequent caregiver; or

(e) The child's 18th birthday if the child does not meet the conditions of§J(2) of this regulation.

(2) The adoptive child may continue to receive adoption assistance until their 21st birthday provided that subsequent to the child's 18th birthday the child has a mental or physical disability warranting the continuation of the assistance; or the child is:

(a) Completing secondary education or a program leading to an equivalent credential;

(b) Enrolled in an institution which provides post-secondary or vocational education; or

(c) Participating in a program or activity designed to promote, or remove barriers to, employment; or

(d) Employed for at least 80 hours per month; or

(e) Incapable of doing any of the above described activities due to a medical condition.

(3) At least 30 days before the planned termination, a local department shall send the adoptive parent a notice that includes:

(a) The intent to terminate the adoption assistance;

(b) A statement of the specific regulations cited as grounds for termination; and

(c) A statement describing the adoptive family's right to appeal.

Md. Code Regs. 07.02.12.06

Regulations .06 amended effective December 2, 1977 (4:25 Md. R. 1911)
Regulation .06A amended effective November 5, 1984 (11:22 Md. R. 1897)
Regulation .06D amended effective November 30, 1979 (6:24 Md. R. 1919); August 11, 1986 (13:16 Md. R. 1826)
Regulations .06 adopted effective February 20, 1989 (16:3 Md. R. 340)
Regulations .06 adopted effective April 16, 2012 (39:7 Md. R. 490); adopted effective 43:22 Md. R. 1218, eff. 11/7/2016