479 Neb. Admin. Code, ch. 8, § 005

Current through September 17, 2024

Section 479-8-005 - ADOPTION ASSISTANCE FOR WARDS OF A LICENSED CHILD PLACEMENT AGENCY

All Adoption Assistance Agreement for children who are not in the custody of the Department and are in the custody of a child placement agency at the time the adoption is entered are subject to the provisions of this section.

005.01APPROVAL BEFORE ADOPTION DECREE. The Adoption Assistance Agreement must be signed by the Adoptive Parent(s) and the Department prior to the date of adoption. If two individuals are adopting the child, both individuals must sign the agreement. The adoption must occur within six months of the Adoption Assistance Agreement being signed by all parties. If the adoption does not occur within the six month time frame, the Adoption Assistance Agreement is no longer valid and a new application must be submitted by the Adoptive Parent(s).

005.02ADOPTION ASSISTANCE APPLICATION. An application for an Adoption Assistance Agreement must be submitted by the Adoptive Parent(s) prior to finalization of the adoption. Eligibility will be determined based on the factors set forth in this section.

005.03ELIGIBILITY FOR ADOPTION ASSISTANCE AGREEMENT. To be eligible for an Adoption Assistance Agreement, the following criteria must be met:

(1) The child must:

(a) Be a ward of a licensed child placing agency;

(b) Be age 18 or younger;

(c) Be a citizen of the United States or a qualified alien as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Department must have documentation to confirm the child's United States citizenship or qualified alien status;

(d) Be unable to return to the home of the parents;

(e) Meet the special needs criteria set forth in this section; and

(f) Meet the Title IV-E eligibility requirements as set forth in 42 USC 673, Section 473 of the Social Security Act;

(2) The Adoptive Parents meet the criteria set forth in the criminal records check section of this chapter;

(3) The Department must be provided documentation verifying that efforts were made to place the child without adoption assistance; and

(4) The family's circumstances necessitate adoption assistance as set forth in this chapter.

005.03(A)SPECIAL NEEDS. To be eligible for an Adoption Assistance Agreement, the child that is the subject of the Adoption Assistance Agreement must meet at least one of the following special needs criteria:

(i) The child is age eight (8) or older;

(ii) The child is a member in a sibling group of three or more and the adoptee and at least two of the siblings are placed in the same adoptive home; or

(iii) A Medical Professional has diagnosed the child with a behavioral, emotional, physical or mental disability.

005.03(B)FAMILY CIRCUMSTANCES. For a child to be eligible for an Adoption Assistance Agreement, the Adoptive Parent(s) must verify that the adoption cannot occur without an Adoption Assistance Agreement because the child's present needs have been determined to exceed the family's ability to meet those needs. Any adoption assistance payment that is agreed upon is not intended to cover all the costs of care of the child, but is for the purpose of assisting with the costs of care.

005.03(C)PARENT ELIGIBILITY. No parent is eligible for an Adoption Assistance Agreement on behalf of his or her child, even if parental rights have been terminated or relinquished. No stepparent is eligible for an Adoption Assistance Agreement on behalf of his or her stepchild.

005.04CHILD PLACED ACROSS STATE LINES. If a child is placed across state lines and is in the custody of a private child placing agency, the Adoptive Parent must apply for adoption assistance in his or her state of residence. That state is responsible for determining whether the child qualifies for an Adoption Assistance Agreement under that state's applicable laws.

005.05ADOPTION ASSISTANCE AGREEMENT PROVISIONS. An Adoption Assistance Agreement may include one or more of the following:

(1) An adoption assistance payment negotiated between the Department and the Adoptive Parent(s) in accordance with the Department's established rate determination tool. In no case may the amount of the adoption assistance payment exceed the foster care maintenance payment which would have been paid by the Department if the child with respect to whom the adoption assistance payment is made had been in a foster family home;

(2) Special services payments made for a specific service or item related to the child's needs for a specified period of time. No special services payments will be included if other resources or programs are available to assist with the services; or

(3) Non-recurring adoption expenses, including but not limited to:

(a) Legal fees directly related to the adoption of the child; and

(b) Funeral assistance if the child being adopted is diagnosed by a medical professional as being terminally ill and the life expectancy of the child is less than 20 years old.

005.05(A)DEDUCTIONS FROM PAYMENTS. Any other maintenance payments received for the child, such as Social Security Disability Insurance benefits or survivor benefits, Supplemental Security Income, Veteran's Administration benefits or Aid to Dependent Children benefits, will be deducted from the agreed to adoption assistance payment.

005.05(B)USE OF ASSISTANCE. An Adoptive Parent who receives an adoption assistance payment shall use the adoption assistance payment for the benefit of the child. The Department will consider use of the adoption assistance payment on the following supports and services as using the payment for the benefit of the child:

(i) Child support payments;

(ii) Clothing purchases;

(iii) Incidental items;

(iv) Insurance;

(v) Food;

(vi) Housing, other than maintenance of the adoptive parent's home;

(vii) Education;

(viii) Medical expenses;

(ix) Transportation; or

(x) Other services and supports the Department determines will help the young adult transition into adulthood.

005.06DESIGNATION OF GUARDIAN. An Adoptive Parent who enters into an Adoption Assistance Agreement with the Department must designate a guardian for the child in case of the death of the Adoptive Parent(s). Adoption assistance payments will cease upon the death of the Adoptive Parent(s) unless the Adoption Assistance Agreement provides for assignment to a guardian or conservator. In the event an individual who was previously a legal parent for the child is appointed as guardian for the child, even if parental rights have been terminated or relinquished, payment of the adoption assistance must cease.

005.06(A)EXCEPTION. Adoption assistance payments can continue for up to six months following the death of the Adoptive Parent(s) pending the court appointment of a guardian or conservator, if the child is placed in the temporary custody of a family member or other individual. In the event this child is placed in the custody of an individual who was previously a legal parent for the child, even if parental rights have been terminated or relinquished, payment of the adoption assistance will cease.

005.07REVIEW. The Adoption Assistance Agreement will be reviewed every twelve months to determine:

(1) That the child continues to be a legal dependent of the Adoptive Parent(s);

(2) The Adoptive Parents continue to use the adoption assistance for the benefit of the child; and

(3) That the child continues to need the provisions of the Adoption Assistance Agreement.

005.07(A)TIME FRAMES. At the time of review, the Adoptive Parent(s) will receive a written notice of the Adoption Assistance Agreement review and a review form from the Department. The Adoptive Parent(s) must return the review form to the Department within 30 days of the date of the notice or the Department may suspend the adoption assistance payments.

005.07(B)SUSPENSION AFTER REVIEW. If the Department is unable to verify whether the Adoptive Parent is legally responsible for the child or using the adoption assistance payment for the benefit of the child, the Department may suspend issuance of the adoptive assistance payment until verification is received.

005.07(C)OVERPAYMENTS. The Department may take all reasonable steps necessary to correct overpayments. Overpayments may be recouped from any future payments to the individual that received the overpayment, even if the future payments are for a different child or Young Adult.

005.08CHANGE IN ADOPTION ASSISTANCE AGREEMENT PROVISIONS. Adoptive Parents may request a change in the Adoption Assistance Agreement provisions by submitting a written request on the Department approved form. Adoption Assistance Agreement provisions may be modified if the Department determines an amended agreement is necessary based on a change in family circumstances, a change in the child's special needs or a change in law or regulation.

005.08(A)INCREASE IN ADOPTION ASSISTANCE PAYMENT. The Adoptive Parent(s) may request an increase in the adoption assistance payment. The Adoptive Parent(s) must provide documentation to support the need for an increase in the payment. The amount of the adoption assistance payment must not exceed the amount the child would have received in foster care at the time of the request.

005.08(B)CHANGE IN SPECIAL SERVICES. Special services may be added to an Adoption Assistance Agreement when the Department determines there is a change in family circumstances or a change in the child's special needs.

005.08(C)EXTENSION TO AGE 19. Adoption Assistance Agreements entered into under this section terminate at age 18, unless the Adoptive Parents request to extend the Adoption Assistance Agreement to age 19 and the child continues to meet the Title IV-E eligibility requirements as set forth in 42 USC 673, Section 473 of the Social Security Act.

005.09SUSPENSION OF ADOPTION ASSISTANCE PAYMENT. The Department may suspend the adoption assistance payment when:

(1) The Department determines the Adoptive Parents are not using the adoption assistance payment for the benefit of the child; or

(2) The Department is unable to determine whether the Adoptive Parents are using the adoption assistance payment for the benefit of the child.

005.09(A)ADOPTION ASSISTANCE PAYMENT WHEN CHILD IS OUT OF HOME. When the child is no longer residing in the home of the Adoptive Parent(s), the adoption assistance payment may be reduced or terminated. To continue to receive an adoption assistance payment, the Adoptive Parent(s) must provide documentation to the Department proving the amount of financial support used to benefit the child for each month. The Department will determine the amount of the adoption assistance payment based on the documentation provided by the Adoptive Parent(s).

005.09(A)(i)EXCEPTION. When the Adoption Assistance Agreement is IV-E funded, the adoption assistance payment will be reduced only when agreed to in writing by the Adoptive Parent(s).

005.10REINSTATEMENT OF ADOPTION ASSISTANCE PAYMENT. When an adoption assistance payment has been suspended or reduced, the full adoption assistance payment may be reinstated when the Department determines the basis for suspension or reduction in payment has been resolved. An adoption assistance payment cannot be reinstated if the Adoptive Parents who entered into the current adoption assistance agreement are no longer the legal parents of the child.

005.11TRANSFER OF ADOPTION ASSISTANCE AGREEMENT. An Adoption Assistance Agreement may not be transferred to new Adoptive Parents.

479 Neb. Admin. Code, ch. 8, § 005

Adopted effective 9/4/2021