Effective Date - July 1, 2004

 

2203               Application Process                          

2203.1            Social Services Responsibilities

State Subsidized Adoption - Sect. 1931 of the Social Security Act; 42 CFR 435.145 and .222; W.S. 42-3-103 IV-E - Sections 471 - 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan

                        Understand the assigned Social Services DFS-CO staff is responsible for:

A.    Initiating the application process by submitting to the Benefit Specialist a completed DFS 100, Application for Benefits;

B.    Providing the information/verifications required for the Benefit Specialist to make an eligibility determination;

C.   Determining the child meets the definition of a "special needs" child as defined in 2201;

D.   Assuring an adoption assistance agreement has been entered into and the content of the agreement meets the federal requirements as defined in 2201;

E.    Assuring the adoptive parents continue to remain legally responsible and continue to provide support for the child;

F.    Giving written notice to the adoptive parents when notified by the Benefit Specialist of the decision on the application including:

1.    The action taken;

2.    The reason for the decision; and

3.    The applicable legal cites.

G.   Notifying the Benefit Specialist when the child is no longer eligible.

IV-E - Sections 471 - 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan

H.    Assuring the adoptive child/foster parent(s) meets the citizenship requirement per Section 607 (for Title IV-E only, the adoptive child/foster parent(s) can be a lawful permanent resident alien but the subsidy payment will be paid from TANF MOE funds as federal regulations prohibit payment for such an individual(s) from Title XX funds.);

I.      Assuring reasonable efforts have been made to place the child without providing assistance except where it would be against the best interests of the child;

J.    Assuring there is a judicial determination which states returning the child to the home of her/his parents would not be in the best interest of the child:

1.    The determination must be made in the first court ruling that sanctions (even temporarily) the removal of the child from the home;

2.    The "reasonable efforts to return the child to the home" determination is not required.

K.    Assuring, for a voluntary placement/relinquishment, there is a judicial determination to the effect that to remain in the home would be contrary to the child’s welfare:

1.    The judicial determination must be made within six months of the date the child was last living with a specified relative; and          

2.    The statement concerning reasonable efforts is not required.

L.    Assuring the child meets the age requirements.

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2203.2            Benefit Specialist Responsibilities

State Subsidized Adoption - Sect. 1931 of the Social Security Act; 42 CFR 435.145 and .222; W.S. 42-3-103 IV-E - Sections 471 - 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan

                        Understand the Benefit Specialist DFS-CO staff is responsible for:

A.    Receiving the application and supporting verifications for the eligibility determination;

B.    Making a determination concerning the IV-E SA and Title XIX eligibility;

C.   Approving or denying the application within 30 days from the date of application;

D.   Entering the documentation in the case record of:

1.    The verification of eligibility factors;

2.    The action taken; and

3.    The reason for the action.

E.    Notifying the Social Worker in writing of the decision to approve or deny the application which includes the reasons for the decision and the legal cites.

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