Effective Date - Jan 1, 2006 |
2204 Eligible Persons/Eligibility Factors
2204.1 Eligible Persons
| State Subsidized Adoption - Sect. 1931 of the Social Security Act; 42 CFR 435.145 and .222; W.S. 42-3-103 |
A. Provide State Subsidized Adoption assistance to any child placed for adoption under an Adoption Assistance Agreement, SS-43.
B. Find the child eligible for the entire month when s/he is eligible for any portion of the month.
C. Continue coverage until the child turns 18 years of age, or until age 21 when the child qualifies under the special needs portion of the agreement.
D. Eligibility Requirements
1. Residence:
a. Require the petitioner to live in Wyoming during the 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.
b. Require DFS to enter into an adoption assistance agreement whereby Wyoming is the state of financial responsibility whether or not the child and her/his adoptive parents continue to reside within the State of Wyoming.
2. Verify the identity of the child;
3. Adoptive parent(s) - DO NOT require the income eligibility factor be met for the adoptive parent(s).
2204.2 Additional Eligibility Factors
|
State Subsidized Adoption - Sect. 1931 of the Social Security Act; 42 CFR 435.145 and .222; W.S. 42-3-103 |
A. DO NOT allow eligibility for State Subsidized Adoption prior to the date of the application for adoption assistance.
B. Verify there is an adoption assistance agreement signed by the DFS representative and the adoptive parents.
C. Verify the child has been identified by social services as a special needs child prior to the finalization of the adoption. (see 2201)
D. Allow eligibility to continue for any child who was receiving an adoption subsidy on or after 10/1/97 if the adoption is disrupted, dissolved or if the adoptive parent(s) dies and the child remains a child with special needs.
| 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 |
C. Verify the child has been identified by social services as a special needs child prior to the finalization of the adoption. (see 2201)
D. Allow eligibility to continue for any child who was receiving a federal IV-E adoption subsidy on or after 10/1/97 if the adoption is disrupted, dissolved or if the adoptive parent(s) dies and the child remains a child with special needs.
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2204.3 Administrative Hearings
| 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 |
A. Realize the adoptive parents have the right to an administrative hearing when they feel they were wrongly denied benefits on behalf of an adoptive child.
B. Realize some allegations that constitute grounds for an administrative hearing include, but are not limited to:
1. Relevant facts regarding the child were known by DFS and not presented to the adoptive parents prior to the finalization of the adoption;
2. Inappropriate denial of assistance based upon an income/ asset test of the adoptive family;
3. Failure by DFS to advise potential adoptive parents about the availability of adoption assistance for children in the State foster care system;
4. Decrease in the amount of adoption assistance without the concurrence of the adoptive parents; and
5. Denial of a request for a change in payment level due to a change in the circumstances of the adoptive parents.
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