Current through Register Vol. 48, No. 38, September 20, 2024
a) General
Provisions
1) Eligibility, Funding Source,
Assistance Amounts
A) Adoption assistance may
be provided to those persons adopting children who are legally free for
adoption, who are residents or youth in care of Illinois, and who the
Department has determined meet the special needs criteria for non-recurring
adoption assistance or who meet both the eligibility and special needs criteria
for ongoing adoption assistance and who, it is reasonable to conclude, are not
likely to be adopted without the provision of adoption assistance.
B) Adoption assistance is available through a
combination of federal and State funding. The State receives federal
reimbursement for a portion of the assistance provided for children meeting the
Title IV-E eligibility criteria of the Social Security Act. The Department must
comply with all of the requirements of that Act to claim funding for Title IV-E
eligible children. The Title IV-E adoption assistance process is a combination
of the field staff preparing the subsidy and documenting special needs followed
by a centralized eligibility unit determining financial aspects of Title IV-E
assistance.
C) State funding
provides adoption assistance for children for whom the Department has placement
and care responsibility and who meet the special needs criteria but are not
eligible for Title IV-E adoption assistance. State funding also provides
adoption assistance for children who age out of eligibility for Title IV-E
adoption assistance and continue in school up to the earliest of their
nineteenth birthday or graduation from high school.
D) Eligibility for adoption assistance shall
be determined regardless of the financial circumstances of the adoptive
parents, the types and amounts of assistance shall be determined by the
Department and the adoptive parents on an individual basis. The Department
shall notify the prospective adoptive parents of the availability and the types
of assistance. The adoptive parent may refuse any or all of the adoption
assistance. The ongoing monthly payment shall be issued to the person
identified in the adoption assistance agreement. Any type of adoption
assistance services included in this Part that are payable through insurance or
other funding sources will not be paid for by the Department. The child adopted
with adoption assistance is entitled to receive only those services and/or
payments specified in the adoption assistance agreement.
2) Responsibility of the State in
Interjurisdictional Adoptions
A) When the
Department has responsibility for placement and care of a child who is eligible
for Title IV-E reimbursement, the Department is responsible for entering into
the adoption assistance agreement and paying the adoption subsidy, even if the
child is placed in an adoptive home in another state.
B) If the Department does not have
responsibility for placement and care of a Title IV-E eligible child, it is the
adoptive parent's state of residence where the adoption assistance application
should be made. In that event, the public child welfare agency in the adoptive
parent's state of residence is responsible for determining whether the Title
IV-E 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) Continued Eligibility of Children
A) If an adoption is dissolved because of the
termination of parental rights, or the death of the adoptive parents, a child
adopted with Title IV-E adoption assistance continues to be eligible for Title
IV-E adoption assistance if the State determines that the child meets the
definition of a child with special needs prior to finalization of
adoption.
B) When an adoption
assistance agreement is terminated because of the death of the adoptive
parents, or the termination of parental rights and the child is adopted again,
the Title IV-E child's state of residence is responsible for entering into the
assistance agreement and paying the subsidy, consistent with the way public
benefits are paid in other programs.
C) A child who was previously adopted with
adoption assistance and whose adoption dissolves or whose adoptive parents die
may be treated as if the financial circumstances for a subsequent adoption are
the same as the first time the child was adopted.
b) Eligibility for Adoption
Assistance
Children under the Department's legal responsibility and
those who are not under the Department's legal responsibility when the adoption
petition is filed are eligible for Title IV-E adoption assistance when they
meet one of the eligibility criteria described in this subsection (b) and the
special needs criteria detailed in subsection (b)(2). Children for whom the
Department of Children and Family Services is responsible for placement and
care when the adoption petition is filed who do not meet the eligibility
requirements in this subsection (b) but do meet the special needs criteria
detailed in subsection (b)(2) are eligible for State-funded adoption
assistance. Children not under the legal responsibility of the Department who
do not meet the eligibility criteria described in this subsection (b) but who
meet the definition of a child with special needs are eligible for adoption
assistance non-recurring expenses only. The Department will not disqualify a
child who is otherwise eligible for adoption assistance based on the child
being an alien child. A qualified alien child must meet the provisions of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA) ( P.L.
104-193, 110 Stat. 2168), as amended by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (
P.L.
104-208), and the Balanced Budget Act of 1997
(BBA) ( P.L.
105-33,
8 USC
1642) .
1) The child was eligible for AFDC under the
provisions of Title IV-A of the Social Security Act in effect as of July 16,
1996 during the month the petition was filed to remove the child from the home
and the Department has determined that the child meets the definition of a
child with special needs; or
A) An
AFDC-eligible child removed from the home as a result of a court order shall be
eligible for adoption assistance when there is a judicial determination in the
removal order that it was contrary to the welfare of the child to remain in the
home; or
B) An AFDC-eligible child
removed from the home as a result of a voluntary placement agreement shall be
eligible for adoption assistance when the child was placed in a foster home and
at least one Title IV-E maintenance payment was made while the voluntary
placement agreement was in effect; or
C) An AFDC-eligible child who was voluntarily
relinquished to a public or private not-for-profit agency shall be eligible for
adoption assistance in the following circumstances:
i) a petition to officially remove the child
from the home was filed with the court within 6 months after the date the child
last lived with the relative who voluntarily relinquished the child;
and
ii) there is subsequent
judicial determination with respect to the petition that remaining in the home
is contrary to the child's welfare; or
D) The child's eligibility for Supplemental
Security Income (SSI) was established and documented by the Social Security
Administration and the Department determines that the child meets the
definition of a child with special needs prior to the finalization of the
adoption; or
E) The child is a
child of minor parent receiving Title IV-E foster care maintenance payments
that include the child, although the child is not a ward of the Department and
the child meets the definition of a child with special needs; or
F) The child is a child for whom adoptive
parents were previously receiving adoption assistance and the Department has
determined that the child meets the definition of a child with special needs
prior to the finalization of the subsequent adoption.
2) Special Needs Criteria
In order to be eligible for adoption assistance, the
Department must determine that the child meets all three of the following
criteria that comprise the definition of a child with special needs:
A) the child cannot or should not be returned
to the home of his or her parents as evidenced by:
i) a voluntary or involuntary termination of
parental rights; and/or
ii) the
death of a parent.
B)
there exists a specified factor or condition because of which it is reasonable
to conclude that the child cannot be placed with adoptive parents without
providing adoption assistance. These factors or conditions include:
i) an irreversible or non-correctable
physical, mental or emotional disability; or
ii) a physical, mental, or emotional
disability correctable through surgery, treatment or other specialized
services; or
iii) the child is one
year of age or older; or
iv) the
child is a member of a sibling group being adopted together where at least one
child meets one of the conditions in subsections (b)(2)(B)(i) through (iii); or
v) the child is being adopted by
adoptive parents who have previously adopted, with adoption assistance, another
child born of the same mother or father; and
C) a reasonable, but unsuccessful, effort has
been made to place the child with adoptive parents without providing adoption
assistance, and the prospective adoptive parents are either unwilling or unable
to adopt the child without adoption assistance, as evidenced by a written
statement from the adoptive parents. A documented search for alternative
adoptive placements without adoption assistance shall be made unless the
Department determines that such a search would not be in the best interests of
the child because the child has developed significant emotional ties with the
prospective adoptive parents while in their care.
c) Types of Adoption Assistance
The types of adoption assistance that a family may apply for
include:
1) Non-recurring Expenses
Payment for non-recurring adoption expenses incurred by or on
behalf of the adoptive parents in connection with the adoption of a special
needs child, up to a maximum of $1500 for each adopted child.
2) Monthly Payments
An ongoing monthly payment is to be determined through the
discussion and negotiation process between the adoptive parents and the
Department based on the needs of the child and the circumstances of the family.
This payment should combine with the parent's resources to cover the ordinary
and special needs of the child. This payment shall not exceed the amount the
child receives in his or her current foster family upon entry of the final
order of adoption unless the child is an unlicensed relative placement. In such
a case, upon entry of a final order or adoption, the adoptive family may
receive up to the applicable licensed foster family home rate. The ongoing
monthly payment shall only be issued to one custodial caregiver identified as
payee in the adoption assistance agreement, and this person shall be the
designated authority for the purpose of service provision. In the event that
there is a change in the custodial status of the child, the Department shall be
notified. If a change in payee is necessary, notification shall be sent to the
Department in writing with the supporting legal documentation attached. A
non-custodial parent may request notice of periodic reviews or subsequent
amendments to the adoption assistance agreement regarding their
children.
3) A Medicaid
card.
4) Needs Not Payable Through
Other Sources
A) Payment may be made for
physical, emotional and mental health needs not payable through insurance or
public resources (e.g., other State or community funded programs) that are
associated with, or result from, a condition whose onset has been established
as occurring prior to the entry of the final order of adoption. Payment shall
not be made until the Department has been notified in writing that such
services will begin and has approved the requested services, and a contract
(when applicable) has been executed. The Department's reimbursement shall be
limited to what is usual, customary, and reasonable based on Medicaid-eligible
service rates in the community as determined by the Department.
B) The Department will not pay for physical,
emotional, medical, mental health or psychological services or treatment for a
pre-existing condition or risk factors unless the pre-existing condition,
service or risk factor is included in the adoption assistance agreement or can
be documented as a pre-existing condition that was unknown at the time of the
agreement by a medical provider.
5) Therapeutic Day Care
Therapeutic day care is available only for children who are
determined to have a disability that requires special educational services
through an Individualized Education Plan (IEP), an Individual Family Service
Plan (IFSP), or a 504 Educational Special Needs Plan and is not fundable
through another source. Specific therapeutic interventions must be provided as
an integral part of the day care programming. Payment for therapeutic day care
shall not be made until the Department has been notified in writing that such
services will begin, has approved the requested services, and a contract has
been executed (when applicable).
6) Employment Related Day Care
Payment for day care for children under the age of three
years may be made if the adoptive parent is employed or in a training program
that will lead to employment. Payment for day care services shall end on the
child's third birthday. This day care payment cannot be used in addition to
therapeutic day care.
7)
College Scholarships and the Education and Training Voucher Program
Children who are receiving adoption assistance may apply for
a 4-year college scholarship awarded by the Department on a competitive basis
(see 89 Ill. Adm. Code 312). A limited number of scholarships are awarded by
the Department each year to high school or high school equivalent graduates.
Youth who are adopted from foster care after attaining age 16 are eligible to
enter the Education and Training Voucher (ETV) Program.
8) Respite Care for Medically
Fragile/Technology Dependent Children
A) The
Department may make payment for care for children who have a pre-existing
condition that meets the medical eligibility guidelines used by the Department
of Healthcare and Family Services (HFS) for the Home and Community Based
Services (HCBS) Waiver program for Children who are Medically
Fragile/Technology Dependent. The payment shall not exceed 10 days per State
fiscal year. Unused days from one fiscal year cannot be carried over to a new
State fiscal year or donated to another family. This program is operated by the
Division of Specialized Care for Children (DSCC) for HFS. DCFS regional nurses
shall assist in making the determination of whether the child meets the
eligibility requirements for the waiver program.
B) Respite care shall be provided by an
authorized provider licensed by the Department of Public Health as a children's
respite care center under the Alternative Health Care Delivery Act [210 ILCS 3
]. The provider must accept the Medicaid nursing hourly rate as the payment
rate for the respite care. DCFS shall select and contract directly with the
authorized provider to pay for this service. The adoptive parents must not
already be receiving respite care from another source.
i) For existing adoptive cases: If the
adoptive parents agree to apply, the parents should apply for the HCBS waiver
program. As part of this application process, medical eligibility and cost
neutrality calculations shall be determined. If determined eligible and the
adoptive parents agree to accept HCBS waiver program services, then the respite
care shall be provided through that program (if respite care is available as
part of the service package resulting from these determinations and there is
available capacity in the waiver program).
ii) For new adoptive cases, the adoptive
parents must apply for the HCBS waiver program. As part of this application
process, medical eligibility and cost neutrality calculations shall be
determined. If determined eligible, the adoptive parents must agree to accept
HCBS waiver program services, and the respite care shall be provided through
that program (if respite care is available as part of the service package
resulting from these determinations and there is available capacity in the
waiver program).
9) Conditional Adoption Assistance
Conditional adoption assistance is available to children
adopted before February 1, 2004. To be eligible for conditional adoption
assistance, the child must meet all of the eligibility requirements for
adoption assistance and have a documented disability or risk factor not evident
at the time of the adoption but that may require intervention, treatment or
services in the future.
d) Adoption Assistance Agreement
The adoption assistance agreement shall be signed prior to
the entry of the final order of adoption. The types, amount and duration of
adoption assistance shall be agreed to in writing by the Department and the
adoptive parents prior to the entry of the final order of adoption, and shall
be set forth in the adoption assistance agreement, which shall be binding on
the parties to the agreement. This payment shall not exceed the amount the
child received in his or her current foster family home upon entry of the final
order of adoption unless the child is in an unlicensed relative placement. In
such a case, upon entry of the final order of adoption, the adoptive family may
receive up to the applicable licensed foster family home rate. The adoption
assistance agreement shall remain in effect, regardless of where the adoptive
parents currently reside and shall contain provisions for the protection of the
interests of the child in cases where the adoptive parents and child move. The
adoptive parents may request a change in their child's subsidy due to a change
in the family or child's circumstances. All changes and/or services are subject
to periodic review and authorization by the Department.
e) Notification Requirements by Adoptive
Parents
The adoptive parent shall notify the Department no later than
30 days after any of the following occurrences:
1) the child is no longer the legal
responsibility of the adoptive parents;
2) the adoptive parents no longer financially
support the child;
3) the child
graduates from high school or equivalent;
4) there is a change of residential address
or mailing address of the adoptive parents or the child;
5) the child dies;
6) the child becomes an emancipated
minor;
7) the child
marries;
8) the child enlists in
the military;
9) the child's
custodial status changes;
10) if
the child was adopted before July 1, 2017, or was younger than 16 years of age
when the adoption was finalized on or after July 1, 2017, the child completes
his or her secondary education or a program leading to an equivalent
credential; or
11) if the child was
adopted after July 1, 2017 and was 16 years of age or older when the adoption
was finalized and the child reaches the age of 18, the child's participation in
any of the following:
A) the child is
completing secondary education or a program leading to an equivalent
credential;
B) the child is
enrolled in an institution that provides post-secondary education or a
vocational program;
C) the child is
participating in a training program or activity designed to promote, or remove
barriers to, employment;
D) the
child is employed at least 80 hours per month; or
E) the child is incapable of doing any of the
above due to a medical condition.
f) Notification Requirements by the
Department
The Department shall provide adoptive parents of children
adopted with adoption assistance with information about the Department's
post-adoption search and reunion services, including information about
accessing these services, at least once each year until adoption assistance
payments cease. Youth who were adopted with adoption assistance shall be
provided this same information within 30 days after his or her eighteenth
birthday.
g) Periodic
Reviews
The Department shall mail an Annual Notification letter to
the adoptive parent or parents, which will facilitate the adoptive parent's
communication with the Department.
h) Termination of Adoption Assistance
The adoption assistance shall terminate when the Department
has determined that one of the following has occurred:
1) The terms of the adoption assistance
agreement are fulfilled.
2) The
adoptive parents have requested that the adoption assistance permanently
stop.
3) The adoptive parents are
no longer legally or financially responsible for the child.
4) The child becomes an emancipated
minor.
5) The child
marries.
6) The child enlists in
the military.
7) If the adoption
was finalized before July 1, 2017, or the child was under the age of 16 when
the adoption was finalized on or after July 1, 2017:
A) the child reaches age 18;
B) a child 18 years of age graduates from
high school or equivalent or reaches age 19, whichever occurs first;
or
C) a child who has a physical,
mental or emotional disability associated with a condition or risk factor that
existed prior to the finalization of the adoption and documented prior to the
youth's 18th birthday reaches age 21.
8) For children who were were 16
years of age or older when the adoption was finalized on or after July 1, 2017,
the child reaches age 21. Between the ages of 18 and 21, the adoption
assistance payments may stop and start based on the child's compliance with,
and the adoptive parent's confirmation of, the requirements listed in this
subsection (h)(8) (failure of the adoptive parent to provide annual written
confirmation will cause the subsidy payment to stop).
A) The child is completing secondary
education or a program leading to an equivalent credential;
B) The child is enrolled in an institution
that provides post-secondary education or a vocational program;
C) The child is participating in a program or
activity designed to promote, or remove barriers to, employment;
D) The child is employed at least 80 hours
per month; or
E) The child is
incapable of doing any of the above due to a medical condition.
9) The adoptive parents
die.
10) The adoptive parents'
parental rights are terminated.
11)
The child dies.
i)
Appeal of Department Decisions
Adoptive parents may appeal the following Department
decisions in accordance with 89 Ill. Adm. Code 337, Service Appeal
Process:
1) The Department failed to
advise the potential adoptive parents about the availability of adoption
assistance to children under the care of the Department;
2) The adoptive parents disagree with the
Department's determination that a child is ineligible for adoption
assistance;
3) The Department's
denial of Title IV-E adoption assistance eligibility to a child for whom it
does not have placement and care responsibility;
4) Inaction on the part of the Department on
a Title IV-E adoption assistance eligibility determination request;
5) Adoption assistance or a specific
component of adoption assistance was denied;
6) Relevant facts regarding the child were
known by the Department and were not presented to the adoptive parents prior to
the finalization of the adoption;
7) The Department denies the adoptive parents
request to modify the adoption assistance agreement; or
8) An adoption assistance agreement has been
amended, suspended or terminated without the concurrence of the adoptive
parent.
