18 Miss. Code. R. 6-1-G-V
IV-E Adoption Assistance utilizes Title IV-E funds matched with State funds. A recipient of Federal Adoption Assistance must:
Children become eligible if they turn the listed age any time during the fiscal year.
| Federal Fiscal Year | Age of Eligibility | Date of Birth |
| 2012 [10/01/11-09/30/12] | 12 and older | Prior to October 1, 2000 |
| 2013 [10/01/12-09/30/13] | 10 and older | Prior to October 1, 2003 |
| 2014 [10/01/13-09/30/14] | 8 and older | Prior to October 1, 2006 |
| 2015 [10/01/14-09/30/15] | 6 and older | Prior to October 1, 2009 |
| 2016 [10/01/15-09/30/16] | 4 and older | Prior to October 1, 2012 |
| 2017 [10/01/16-09/30/17] | 2 and older | Prior to October 1, 2015 |
| 2018 [10/01/17-09/30/18] | All children |
Each child in DFCS custody who is legally freed for adoption must have his/her case reviewed for determination of eligibility for IV-E Adoption Assistance. If eligible, this information will be shared with DFCS staff and with interested prospective adoptive parent(s).
The Adoption Specialist is responsible for compiling the information needed to determine a child's eligibility for IV-E Adoption Assistance. The child must be determined eligible for Adoption Assistance by the Adoption Assistance Supervisor and approved by the Director of the Adoption Unit as requiring Adoption Assistance to assure adoption. Each of the following conditions must be met and documented in the child's case record which is maintained in the State Office Adoption Unit:
In order for a child to be considered a special needs child for the purposes of the adoption assistance program, all of the following criteria must be met and documented in the child's file and in MACWIS:
Children who are determined to have special needs will be further assessed for their level of special needs. There are 6 levels:
OR
The adoptee has a single diagnosis which is causing significant impairment in multiple settings (home, school, peers, etc.).
Must be in Child's Adoption Assistance File
| Deferred | $0 payment Medicaid only | Documentation of all risk factors which may include no known background information, documentation of mental or medical history of birth family, documentation of risk factors in birth records, documentation of Abuse or neglect. |
| Basic Rate | Payment Cannot Exceed: | Must be in Child's Adoption Assistance File |
| 0 - 3 | $325 | Birth certificate, developmental assessment/Early Intervention Assessment pertinent birth records, TPR documentation |
| 4 - 5 | $335 | Birth certificate, developmental assessment/Early Intervention Assessment pertinent birth records, TPR documentation |
| 6 - 9 | $355 | Birth certificate, developmental assessment/n Assessment, Psychological Evaluation. School Records pertinent birth records, TPR documentation |
| 10-12 | $375 | Birth certificate, developmental assessment/n Assessment, Psychological Evaluation. School Records pertinent birth records, TPR documentation |
| 13-15 | $390 | Birth certificate, developmental assessment/n Assessment, Psychological Evaluation. School Records pertinent birth records, TPR documentation |
| 16-21 | $400 | Birth certificate, developmental assessment/n Assessment, Psychological Evaluation. School Records pertinent birth records, TPR documentation |
| Special Needs I Any age | $440 | Birth certificate, developmental assessment/n Assessment, Psychological Evaluation. School Records pertinent birth records, TPR documentation, medical documentation of ongoing medical conditions |
| Special Needs II Any age | $500 | Birth certificate, developmental assessment/ Psychological Evaluation. School Records pertinent birth records, TPR documentation, medical documentation of ongoing medical conditions, copy of most recent SSI letter |
| Therapeutic Any age | $700 | Birth certificate, developmental assessment/ Psychological Evaluation which shows multiple diagnoses or significant impairment in multiple settings, medical records, School Records, pertinent birth records, TPR documentation, medical documentation of ongoing medical conditions |
| Medically Fragile Any age | $900 | Birth certificate, developmental assessment/ Psychological Evaluation which shows multiple diagnoses or significant impairment in multiple settings, medical records which show multiple diagnose and level of care required, School Records, pertinent birth records, TPR documentation, medical documentation of ongoing medical conditions |
DFCS must make reasonable efforts to place the child without IV-E Adoption Assistance which must be documented in the child's case record by the Adoption Unit Staff.
EXCEPTION: When the best interest of the child would not be served by such efforts, as in the case of a child whose Resource Parent(s) are applying to adopt and significant emotional ties have developed between the Resource Parent(s) and child over a minimum of 6 months. This issue must be addressed by the Adoption Specialist in the adoption addendum home study.
The Adoption Specialist or Adoption ASWS shall complete the adoption eligibility in MACWIS by checking all criteria that applies for each child. Application for Adoption Subsidy Eligibility, Form MDHS-433, (See Appendix H) shall be completed by the Adoption Specialist and potential adoptive family, submitted to the Adoption ASWS for approval and forwarded to the Adoption Unit in State Office to make a final determination of a child's eligibility for an adoption subsidy. The State Office Designee in the Adoption Unit will complete the Adoption Eligibility Administrative Determination in MACWIS and approve or deny the subsidy request.
Following the Adoption Eligibility Approval process, the Adoption Specialist will then use the Application for Adoption Subsidy Form MDHS-433 to negotiate an Adoption Assistance Agreement with the adoptive family. Once the subsidy has been negotiated, the Adoption Specialist will complete the Adoption Assistance Agreement MDHS Form-431 with the Adoptive family.
The following criteria must be met for the adoptive parent(s) to receive IV-E Adoption Assistance.
A child's eligibility for SSI automatically makes that child eligible for IV-E Adoption Assistance of a minimum amount of $500. The adoptive parent(s) will apply for SSI upon receipt of the Final Decree of Adoption. The amount of the SSI payment will be affected by the Adoption Assistance payment.
The adoptive parents of the child eligible to receive title IV-E adoptive assistance payments and SSI benefits may make application for both programs. The child, if eligible, may receive benefits from both programs although the adoptive parents MUST make full disclosure to both agencies of assistance being received. However, SSI will count dollar for dollar the income of the title IV-E adoption assistance paid to the parents thus decreasing the SSI benefit by the amount of the adoption assistance payment (See SSI Program Operations Manual) (ACYF-PIQ-83-5 issued 12-14-83).
SSI (Title XVI) is a needs based program and requires a test of income and resources of the adoptive parents in determining the amount of SSI benefits to which a disabled child may be entitled. If or when the parental resources and income exceed a maximum level determined by SSI, the child is no longer eligible for SSI payments.
When a certified special needs child is placed with adoptive parent(s), and an Adoption Assistance Agreement is in place, payments will begin at the time of placement, prior to the Final Decree of Adoption for IV-E and IV-B.
EXCEPTION: Children Receiving SSI Benefits
For foster children receiving SSI benefits, the adoptive family shall receive a special needs II, therapeutic, or medically fragile foster board rate for the child throughout the adoptive placement. The child's SSI check will continue to offset the board payment during the adoptive placement. Upon finalization of the adoption, the foster board payment will end and adoption assistance will begin. The adoptive family will go to the Social Security Office and apply to be the child's SSI payee.
When the adoptive placement is made, Adoption Unit Staff will instruct the COR to complete a change of placement in MACWIS and show the child in an adoptive placement. No foster board payment will be made as adoption assistance will begin as of the date of the adoptive placement.
The Adoption Specialist shall submit an Adoptive Placement Agreement and Adoption Assistance Agreement through the Adoption ASWS to the State Office Adoption Unit. The Adoption Assistance Specialist in the state office will then set up the child's adoption assistance in MACWIS to issue a debit card and generate payments to the card. The child's Medicaid will continue to be open through foster care until the adoption finalizes.
The amount of the adoption assistance agreement may not exceed the amount of the foster care maintenance payment that would have been paid for that specific child if the child had been in a foster family home.
The amount of the adoption assistance is not based upon a schedule of itemized needs and countable income. It is determined through discussion and negotiation process between adoptive parents and an Adoption Specialist-representative of the state DFCS. The agreed upon payment will be expected to combine with the parents' resources to cover the ordinary and special needs of the child projected over an extended period of time. Anticipation and discussion of these needs are part of the negotiation of the amount of the adoption assistance payment and the adoptive parents are free to make decisions about expenditures for the child, once adopted, without further DFCS approval.
The amount of the adoption assistance payment can be adjusted up to the maximum allowable payment or reduced, with the concurrence of the adoptive parent(s) when the projected needs of the child change.
Adoption Assistance monthly money payments are subject to the Federal and State funding provided to DFCS. DFCS is obligated to maintain the payment as set out in the adoption assistance agreement unless an across-the-board reduction or increase is made in the foster care maintenance payment rate which is also made to the adoption assistance rate.
Because the title IV-E Adoption Assistance Program does not include a list of special allowances and standard items in the foster care maintenance program, the child's ordinary and special needs are accounted for during the negotiation of the adoption assistance agreement. Therefore, it should not be necessary for the adoptive parents to return to DFCS for special assistance as these needs occur unless it is to request a change in the adoption assistance payment.
State Adoption Assistance utilizes state funds matched with Title IV-B funds. The preceding manual material for Federal Adoption Assistance will apply to State Adoption Assistance with the following exceptions:
Amount of the Adoption Assistance payment cannot exceed the foster board rate for the age of the child. The payment can be less.
Agreement forms are completed at the time of placement except for children eligible for SSI Benefits. These children remain eligible for SSI and continue to draw during the supervisory period, so Agreement forms for children receiving SSI are completed at the end of the supervisory period immediately prior to the finalization of the adoption.
DFCS will make retroactive and corrective payments, when applicable. In the event of overpayments, attempts will be made to recoup through MDHS's Claim Unit.
Adoption Assistance is subject to annual review which is handled by mail by the Adoption Unit staff that will:
* Send a written notice of the review requirement to the adoptive parent(s) no less than 45 days prior to the anniversary date of the Adoption Assistance Agreement including a questionnaire verifying the child is still in the home and any changes which may have occurred affecting the amount of Adoption Assistance Payments.
* If applicable, new adoption assistance agreement forms will be included.
* The adoptive parents will return the completed questionnaire and signed agreement forms to the Adoption Unit.
* Designated Adoption Unit staff will then sign the Adoption Assistance Agreement Forms and one will be returned to the adoptive parents.
Termination will occur in any of the following circumstances:
Title IV-E Adoption Assistance payments may only be continued beyond age 18 for IV-E eligible children who have a mental or physical disabling condition which warrants continuation of benefits. Title IV-E children (excluding mental or physical handicapping conditions) who are enrolled in high school and become age 18 may not continue to be eligible for IV-E Adoption
Assistance payments. The state has the option of switching this group of IV-E recipients to State Adoption Assistance if it so desires.
Accepted documentation would include one of the following for each semester the child remains in high school:
* Copy of most recent report card
* Letter from the school stating the child is currently attending in good standing
* Copy of the child's attendance record
* Copy of the child's IEP
All children whose adoption assistance is provided after age 18; ONLY due to high school attendance must be funded by IV-B state funds.
Acceptable documentation to establish a current mental or physical disability would include:
If the child was receiving IV-E Adoption Assistance before age 18 and meets the criteria of having a mental or physical disability, the child will remain on IV-E eligibility until approved for SSI or until their 21 st birthday. If the child was previously on IV-B Adoption Assistance, they will continue to be IV-B eligible if an extension is granted.
An Application for Extension of Adoption Assistance Beyond Age 18, Form 431-B (See Appendix J) will be mailed to the adoptive parent(s) prior to the adoptee's 18th birthday. The family must submit this application to their Adoption Assistance Specialist to request an extension of the subsidy. The Adoption Unit Director will give written approval/disapproval to continue the Adoption Assistance along with an established time frame for each adoptee.
A new contract for an adoptee over the age of 18 must be signed by adoptive parents, Adoption Assistance Specialist and Director of the Adoption Unit.
18 Miss. Code. R. 6-1-G-V