Current through September 17, 2024
All Adoption Assistance Agreements for children who are in
the custody of the Department at the time the adoption is entered are subject
to the provisions of this section.
004.01
APPROVAL BEFORE ADOPTION
DECREE. The Adoption Assistance Agreement must be signed by the
Adoptive Parent(s) and DHHS prior to the date of adoption. If two individuals
are adopting a 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the Adoption Assistance Agreement is no longer valid and a new application must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).
004.02
ADOPTION ASSISTANCE
AGREEMENT 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 chapter.
004.03
ELIGIBILITY FOR TITLE IV-E ADOPTION ASSISTANCE
AGREEMENT. When the Department determines the child qualifies for
adoption assistance pursuant to Title IV-E of the Social Security Act, the
child will be eligible for a Title IV-E Adoption Assistance Agreement when all
other eligibility requirements set forth in this chapter and Title IV-E of the
Social Security Act are met. When all eligibility requirements of this chapter
are met, but all eligibility requirements of Title IV-E of the Social Security
Act are not met, the child will be eligible for a Nebraska Adoption Assistance
Agreement.
004.04
ELIGIBILTY FOR ADOPTION ASSISTANCE AGREEMENT. To be
eligible for Adoption Assistance Agreement, all eligibility criteria and
additional eligibility requirements of this section must be met.
004.04(A)
ELIGIBILITY CRITERIA
FOR THE CHILD. The child who is the subject of the Adoption
Assistance Agreement must met the following criteria:
(i) The child must be in the custody of
Department;
(ii) The child must be
a citizen of the United States or an qualified alien as defined in the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The
Department must have documentation to confirm the child's United States
citizenship or qualified alien status;
(iii) The child must be unable to return to
the home of the parents; and
(iv)
The child must meet the special needs criteria set forth in this
chapter.
004.04(B)
GENERAL ELIGIBILITY CRITERIA. In order for a child to
qualify for an Adoption Assistance Agreement, in addition to the eligibility
criteria for the child, the following criteria must be met:
(1) The Adoptive Parents meet the criteria
set forth in the criminal records check section of this chapter;
(2) The family's circumstances necessitate an
Adoption Assistance Agreement as set forth in this chapter; and
(3) Efforts were made to place the child
without an Adoption Assistance Agreement.
004.04(B)(i)
EXCEPTION TO
EFFORTS. Efforts to place the child without an Adoption Assistance
Agreement are not required if the Department determines it would not be in the
best interests of the child.
004.04(C)
SPECIAL NEEDS
CRITERIA. 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:
(1) The child is age eight (8) or
older;
(2) 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;
(3) A Medical or Mental Health Professional
has diagnosed the child with a behavioral, emotional, physical or mental
disability; or
(4) A Medical or
Mental Health Professional has determined the child to be at risk of a
behavioral, emotional, physical or mental disability.
004.02(C)(i)
DOCUMENTATION OF
DIAGNOSIS. Documentation of a Medical or Mental Health
Professional's diagnosis or determination of risk must be less than six months
old at the time the Adoption Assistance Agreement is signed by both
parties.
004.04(D)
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 and anticipated future 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.
004.04(E)
PARENT
ELIGIBILITY. No parent is eligible for an Adoption Assistance
Agreement on behalf of his or her child, even if parental rights have been
relinquished or terminated. No stepparent is eligible for an Adoption
Assistance Agreement on behalf of his or her stepchild.
004.05
ADOPTION 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:
(i) Legal fees directly related to the
adoption of the child; and
(ii)
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.
004.05(A)
ADOPTION ASSISTANCE
PAYMENTS. The following provisions apply to adoption assistance
payments.
004.05(A)(i)
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.
004.05(A)(ii)
USE OF
ASSISTANCE. An Adoptive Parent who receives an adoption assistance
payment shall use the adoption assistance funds for the benefit of the child.
The Department will consider use of the adoption assistance funds on the
following supports and services as using the funds for the benefit of the
child:
(1) Clothing purchases;
(2) Incidental items;
(3) Insurance;
(4) Food;
(5) Housing, other than maintenance of the
Adoptive Parent's home;
(6)
Education;
(7) Medical
expenses;
(8) Child support
payments; or
(9)
Transportation.
004.06
DESIGNATION OF A
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). Payment of the adoption
assistance 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.
004.06(A)
EXCEPTION.
Adoption assistance payments can continue for up to six months following the
death of the Adoptive Parent(s) pending the 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, the adoption assistance payment
will cease.
004.07
REVIEW. 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 payments for the benefit of the child; and
(3) That the child continues to need the
provisions of the Adoption Assistance Agreement.
004.07(A)
REVIEW 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.
004.07(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 adoption assistance payment until verification is received.
004.07(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.
004.08
CHANGE 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.
004.08(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.
004.08(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.
004.09
EXTENDED ADOPTION
ASSISTANCE. A Young Adult is eligible to participate in the
extended adoption assistance program if:
(1)
The Young Adult is at least 19 years of age but less than 21 years of
age;
(2) The Young Adult was the
subject of an Adoption Assistance Agreement that took effect after the Young
Adult had attained 16 years of age;
(3) The Young Adult was the subject of the
subsidized Adoption Assistance Agreement until 19 years of age;
(4) The Young Adult was previously
adjudicated to be within the meaning of Neb. Rev. Stat. §
43-247(3)(a)
or the equivalent under tribal
law;
(5) The Young Adult meets the
education or employment criteria for the Bridge to Independence program;
and
(6) The Young Adult is not
participating in the Bridge to Independence program.
004.09(A)
USE OF
ASSISTANCE. An Adoptive Parent who receives payment of extended
adoption assistance shall use the adoption assistance funds for the benefit of
the Young Adult. The Department will consider use of the adoption assistance
funds on the following supports and services as using the funds for the benefit
of the Young Adult:
(i) Clothing
purchases;
(ii) Incidental
items;
(iii) Insurance;
(iv) Food;
(v) Housing, other than maintenance of the
adoptive parent's home;
(vi)
Education;
(vii) Medical
expenses;
(viii) Child Support
Payments;
(ix) Transportation;
or
(x) Other services and supports
the Department determines will help the young adult transition into
adulthood.
004.10
SUSPENSION 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.
004.10(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).
004.10(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).
004.11
REINSTATEMENT
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.
004.12
TRANSFER OF ADOPTION
ASSISTANCE AGREEMENT. An Adoption Assistance Agreement may not be
transferred to new Adoptive Parents.
004.13
FUNDING AFTER AGE
18. A child's eligibility for a Title IV-E Adoption Assistance
Agreement must be re-determined when the child turns 18 years of age. This
determination should occur immediately prior to the child turning age 18. If
the child no longer continues to meet the Title IV-E eligibility requirements
as set forth in
42 USC
673, Section 473 of the Social Security Act,
the child's Adoption Assistance Agreement will no longer be covered by the
Social Security Act and the Title IV-E Adoption Assistance Agreement will
become a Nebraska Adoption Assistance Agreement.
