How are changes made to the adoption assistance agreement in your State?
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in an adoption assistance agreement?
Adoptive parents can make a request for a change in the adoption assistance agreement at any time when there is a change in the circumstances of the family as it pertains to meeting the needs of the child. Professional documentation supporting the requested change is required, when appropriate. Requests for change must be in writing to the program manager, Office of Permanency If an adoptive parent disagrees with a decision regarding a request for change in the adoption assistance agreement, a fair hearing can be requested through written notice to the program manager, Office of Adoption. Send requests for change to the following address:
Program Manager, Office of Permanency
Alabama Department of Human Resources
50 North Ripley Street
Montgomery, Alabama 36130-4000
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Alaska permits changes to the adoption assistance agreement when the change will best meet the special needs of the child. All changes to the child’s adoption assistance agreement are based on a child’s current, individualized needs so conditions for change will therefore vary from child to child. Requests for change in the adoption assistance agreement must be made in writing and must include supporting documents demonstrating the need for change in the agreement.
Families should contact the Office of Children’s Services (OCS) adoption unit and request the Subsidy Change Request form. Alaska will consider any documentation that supports the family’s request for a change in assistance.
Final changes are negotiated between OCS and the family and require the family's concurrence. To report a change in address or the child’s living situation, to request a change to the subsidy, or for general questions regarding the adoption and guardianship subsidy program, adoptive parents may contact the OCS adoption unit: (907) 465-3209.
Families have the right to request a reconsideration and/or appeal of the decision received in response to their request for change to the agreement. This request for reconsideration can take the form of first-level review or an evidentiary hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoption assistance agreements are reviewed annually but parents may request a change in the adoption assistance agreement at any time. Parents are directed to contact their adoption assistance case manager to request a change and to provide documentation from appropriate professionals in support of the request for change. Requests for changes should be in writing but may be made over the phone. All changes must be approved by the Adoption Subsidy Review Committee. Parents have the right to appeal any agency decision denying, reducing or terminating adoption assistance by requesting a fair hearing in writing within 15 calendar days of the decision. Contact information for the adoption subsidy may be found on the Arizona Department of Child Safety website .
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Parents can request changes to the adoption assistance agreement at any time. Parents must submit a written request and show a material change in circumstances in the adoptive family to amend an adoption assistance agreement. Material changes in the circumstances include, but are not limited to: different medical problems or a change in the type of condition of the child or a significant change in household. The State may renegotiate an adoption assistance agreement if the adoptive parents request an increase in payment due to a change in their circumstances and a higher foster care rate would have been paid on behalf of the child if the child had still been in foster care.
To request a change, the local Department of Child and Family Services area adoption specialist works with the adoptive parent and submits a request (amendment) for an increase to the adoption field services supervisor for review and comments. The adoption field supervisor will forward the packet to the adoption field services manager for approval. The adoption field services manager will submit the packet to the adoption assistance coordinator.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement at any time. Adoption assistance agreements are reassessed every two years. Adoptive parents may submit their request in person or in writing to the responsible public agency. If parents do not agree with the responsible public agency’s decision they have the right to request an administrative appeal, also known as a fair hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The county or adoptive family may at any time negotiate changes to an existing adoption assistance agreement based on information related to the child’s original condition or the family’s circumstances. Requests for change must be in writing and based on the needs of the child, the circumstances of the family, and the availability of services in the community. Changes in the agreement must be related to the child’s original barriers to adoption on which the decision to grant assistance was made. Requests are made to the county department that placed the child for adoption or entered into the adoption assistance agreement on behalf of the child and directed to the adoption assistance contact person in the county that provides the child’s adoption assistance.
Once a request letter is received, the adoptive family is asked to submit supporting documentation from a medical/psychological/health/school professional (such as an M.D., Ph.D., Psy.D., school, therapist, mental health, probation professional) to substantiate their request for change in the agreement. Adoption assistance agreements are reviewed every 3 years from the date of the initial agreement. If parents disagree with a decision regarding a change request, they may request an Administrative Fair Hearing. The process for requesting a fair hearing is detailed on the adoption assistance agreement forms. County contacts may be found on the Colorado Department of Human Services website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Any subsidy decision by the Department may be appealed by the adopting parents or a licensed child placing agency to the Adoption Subsidy Review Board CGS 17a-117(b). If a subsidy is to be terminated or reduced by the department, proper notice must be given. If an appeal is taken, a hearing shall be held before the Adoption Subsidy Review Board at least 30 days prior to the termination or reduction, and the subsidy shall continue without modification until the final decision of the board.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can request a change in an adoption assistance agreement at any time. Requests for change should be made in writing with accompanying documentation supporting the request. The adoptive family must request the necessary documentation from a physician, psychologist, or other professional to substantiate the need for the change. This information is then presented to the Adoption Program Manager or designee for review and approval. Agreements can be renegotiated by the family and the adoption assistance specialist at any time upon request.
If parents do not receive a requested change in the adoption assistance agreement, they can appeal the decision. Appeals or requests for fair hearing should be made in writing within thirty calendar days of the date of an adverse decision or notice. In the request for fair hearing, adoptive parents should explain the reason for the request and the relief they are requesting. Send requests for change to the following address:
Substantiation Hearing Coordinator
Division of Family Services
1825 Faulkland Road
Wilmington, Delaware 19805
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents who are a party to the adoption assistance agreement can request a change in the agreement any time there is a change in the condition of the child related to the condition of special needs identified at the time of adoption or identified as being "at risk" of developing. Parents must make a written request specifying the reason for change and send the request to the adoption assistance worker. Parents can request a review of the amount of any single payment or in the level of on-going payments and must provide medical or psychiatric documentation substantiating the need for modification of the agreement. The Child and Family Services Agency (CFSA) reviews adoption assistance agreements annually for continued need. Adoptive families are sent forms each year in order to verify the child’s residence through school registration. Requests for modification of the adoption assistance agreement are reviewed within 30 days of receipt by DC's CFSA.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The amount of subsidy may be adjusted based upon changes in the needs of the child or circumstances of the adoptive parents. Changes shall not be made without the concurrence of the adoptive parents. However, in no case shall the amount of the monthly payment exceed the foster care maintenance payment that would have been paid during the same period if the child had been in a foster family home. To start this process, families are directed to contact the adoption unit or private adoption agency through which they adopted the child. Families are directed to contact (1) the social worker or department through which they receive their adoption assistance check, (2) the unit through which they finalized the adoption or (3) the district administrator at their local Children and Family Services office.
Adoptive parents may appeal any decision of the department with which they disagree. They may seek redress through levels of the departmental administration up to and including the district administrator. If an issue is not resolved to a family’s satisfaction, they may request a fair hearing pursuant to Florida statute.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement at any time. Georgia limits the maximum adoption assistance rate to the foster care maintenance payment amount paid for a child in a family foster home at the time of adoptive placement or the foster care maintenance payment amount that would have been paid of the child had been in a family foster home at the time of adoptive placement. However, the family may have other requests such as post-adoption services, referrals for community or agency resources, a change of address, etc. Parents should make any requests or notifications to the Regional Post Adoption Manager. If the child has been placed for adoption but the adoption is not finalized yet, parents should contact their case manager, the supervisor or county director. If parents feel they are being denied benefits or disagree with an agency’s decision regarding adoption assistance, they should contact their local Georgia Division of Family and Children Services to request a fair hearing.
All requests must be made in writing and provided to the county DFCS case manager who will forward the referral from to the appropriate agency for handling. The Office of State Administrative Hearings will notify the family, in writing, the specifics regarding the hearing. Hearings are usually held in the family’s county of residence. Parents can request that the hearing be held by phone. Parents will received notice regarding the specific rules regarding hearing. Parents should receive the administrative hearing results within 90 days. If parents do not agree with the administrative hearing they may file for an appeal. All relevant hearing information is provided to the parents.
Contact information may be found on the Georgia Division of Family and Children Services (DFCS) website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement when a child exhibits a change in their needs requiring an increased level of care. To request a change, parents are directed to contact the unit administrating the adoption assistance payments or the unit that finalized the adoption. Hawaii Department of Human Services (DHS).
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can request a change in the adoption assistance agreement whenever there is a change in the circumstances of the family or the needs of the child. Adoption assistance benefits can be modified at any time prior to the child’s 18th birthday. Requests must be made in writing and submitted to the Regional Department of Health and Welfare office if the family resides in Idaho. If the family resides outside of the State, requests must be made to the State adoption assistance office. Information detailing the change in the child’s needs must accompany the request in addition to supporting documentation from professional service providers. If the change is due to a change in family circumstance, families must provide written documentation of changes in family income or circumstances. Adoption assistance agreements are reviewed annually to provide a yearly opportunity for adoptive families to determine if they need to request changes to the child’s benefits. Families are able to request a fair hearing if they disagree with the response to a requested change by contacting their local DWH office.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Prior to finalization, adoption assistance agreements may be modified at any time in writing if signed by the adoptive parents and the regional administrator or his/her designee
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. Following the adoption finalization, the agreement may be amended or terminated with mutual agreement of the adoptive parent(s). Amendments to the agreement must be completed by the Subsidy Unit staff. An amendment to increase the ongoing monthly payment may be made only when authorized by the Post Adoption/Guardianship Services Review Committee.
Adoptive parents have the right to appeal any requested service that is denied.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The Indiana Department of Child Services (DCS) will process a request for modification of a current adoption assistance agreement providing ongoing financial assistance through the Indiana Adoption Assistance Program. An adoptive parent who has signed an agreement and is receiving periodic payments may, during the term of the agreement, submit a request to the change the periodic payment amount.
The request must be submitted to the DCS local office that handled the Child in Need of Services (CHINS) or Juvenile Delinquency (JD) case at the time the child was adopted. If there was no CHINS or JD case when the original adoption assistance agreement was signed, the request must be sent to the DCS local office that serves the county of the child’s residence. The request must include the information and documentation required, or that the adoptive parent would consider relevant for an initial Payment Request Information (PRI) response. The request shall also include a detailed explanation of the change in circumstances of the child or adoptive family that was not known or anticipated at the time the current periodic payment was negotiated or most recent amendment to the agreement was determined.
A request for modification may not be submitted more frequently than once in a consecutive 12 month period.
The Indiana DCS will process a request for administrative review when a prospective adoptive parent disagrees with a decision made by DCS.
More information is available by contacting the adoption consultant in the region where the child resides.- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
An adoptive parent can request a change in an adoption assistance agreement whenever the needs of the child or the family's circumstances change. Across-the-board adjustments in adoption assistance payments are made when the State legislature approves cost-of-living adjustments. To initiate a change in the agreement, the adoptive parent should contact, in writing or by phone, the adoption unit located in the county in which the family resides.
There is no established format for the change request. The DHS worker that responds to the family will specify what documentation is needed to support the change in order to make a determination regarding the request.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The adoptive family or the Department for Children and Families may request a renegotiation of the agreement if there are significant changes in the needs of the child or the circumstances of the family. If the child has a special need which cannot be met through the monthly subsidy payment, Medicaid, family or community resources, the adoption assistance agreement may be renegotiated. The renegotiated amount may be for a time limited period. The renegotiated amount cannot exceed the limits set in Kansas Policy Manual, sections 6202 A and B. A new adoption assistance agreement shall be signed by all parties. For children temporarily placed in a Psychiatric Residential Treatment Facility (PRTF) a portion of the cost for treatment will be paid through Medicaid, provided the child meets the eligibility criteria. The portion which is not Medicaid funded shall be the responsibility of the adoptive parents. When a child is placed in a PRTF for over thirty (30) days, the agency shall renegotiate the terms of the adoption assistance agreement to help pay the cost of the treatment or placement.
Title IV-E and State guidelines allow exception to the requirement of the adoption assistance agreement being signed prior to the finalization of the adoption. Factors to be considered when establishing post-finalization eligibility are:
- Failure by DCF staff and/or child welfare case management or adoption provider staff involved to advise the adoptive parents of the availability of adoption assistance for a child with special needs
- Erroneous determination that a child did not meet eligibility requirements
- There existed, unknown or undiagnosed, conditions of the child at the time of placement, which if known, would have created eligibility for assistance
- Relevant facts regarding the child, or the child’s background, were known but were not presented to the adoptive parents prior to the finalization of the adoption
The same factors are considered for State funded adoption assistance.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoption assistance may be renegotiated before or after the adoption is finalized when the child’s special needs incur additional costs to the family to provide services to address those special needs. In rare instances, where a significant change in the family’s situation may negatively affect the stability of the placement, renegotiation may be warranted. A monthly subsidy does not automatically increase as the child becomes older or the foster care per diem rates change.
Requests are made via phone, e-mail, or written requests to the family’s social services caseworker. When the family requests an increase, the worker evaluates the situation, prepares an Adoption Assistance Renegotiation Form and forwards through supervisory and administrative channels for approval by the service region administrator or designee.
Increases and decreases in the adoption assistance payment and benefits are possible and requested changes take effect no earlier than the date of the request. Extraordinary medical expense requests which have caused a financial hardship on the family may be retroactive no earlier than July 1 of the current fiscal year.
If adoptive parents disagree with the agency’s answer to the requested change, they can file a service appeal request form, which initiates a fair hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive families may request changes to the adoption assistance agreement at any time and whenever the needs of the child or the circumstances of the family change. Adoptive parents are directed to contact their adoption assistance worker in the region from which the child was adopted to discuss these changing circumstances and to request a modification to the adoption assistance agreement as needed. The Louisiana Department of Children and Family Services directory link is: http://www.dcfs.la.gov.
Federally funded adoption assistance (title IV-E) must be reviewed at least every 5 years up until the child turns 18 years of age. State funded adoption assistance must be re-determined at least annually until the child turns 18 years of age.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents are responsible for notifying the department of any changes in the needs of the child, the circumstances of the family, or other benefits available for the child’s support that may affect their eligibility for assistance or the amount(s) required. Families may request a subsidy after the finalization of an adoption under certain circumstances. For information, please contact the Office of Child and Family Services by calling: (207) 624-7900.
Any individual who has applied for or is receiving adoption assistance, (or whose application for assistance is not acted upon with reasonable promptness), is entitled to appeal the denial, reduction or termination of adoption assistance made by the department. To appeal a decision, a written request for a fair hearing must be made to the commissioner or his designee within 10 days of the decision. The exception to this appeal process is when the department undertakes a system wide, across the board increase or reduction in the payment systems, rates, or criteria.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
All adoption assistance cases must be reviewed on an annual basis. A re-negotiation of the amount of the assistance payment can be requested by the local department of social services (LDSS) or family at any time during the year. The amount of a Title IV-E payment cannot be changed without the consent of the family. Social Services Administration (SSA) approval is required for all increases.
The adoptive family must provide a letter to the LDSS indicating the specific changes that would justify a payment adjustment, the amount of the adjustment, and the type of benefit they believe is needed. The parent’s must provide documentation to support their request including current school reports, psychological evaluations, medical reports, costs and descriptions of services and any other documentation that support the requested adjustment.
The negotiated amount may not exceed the foster care board rate that they child might have received in foster care.
If the LDSS reviews the documentation and believes an increase may be appropriate, a memo will be submitted to SSA by the LDSS stating the current assistance amount and the requested increase. The memo must also justify the need for the increase and be accompanied by documentation to support the request.
Upon receipt of the memo and supporting documentation, SSA will review the request to determine whether an increase is appropriate. Once SSA has determined the request to have validity, the packet will be reviewed by the Adoption Assistance Committee which meets bi-monthly to review all requests and to determine if the request will be approved.
Each individual who applies for or is receiving an adoption assistance payments, has the right to appeal the denial, reduction, or termination of the adoption assistance payment. Additionally, any individual is entitled to an appeal of any decision made by a local department or social services concerning adoption assistance with which he/she disagrees. A request for a fair hearing must be made within 10 days from the receipt of the decision.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement at any time. Requests must be made in writing to the subsidy manager and supported by documentation of a significant change in the child's special need. The significant change must be based on the current needs of the child and documented by a professional qualified to make the diagnosis. If the change in the special need would have resulted in a different rate if the child were in a home based foster care situation, the adoption assistance payment may be increased. The subsidy manager will review the request and the documentation provided to support it. The family will be provided with a written decision within a reasonable period of time. The Department of Children and Families must provide written notice prior to any proposed change in the adoption assistance agreement, unless there is reason to believe that the family is no longer providing any support for the child.
Adoptive parents can appeal if the department denies, reduces, suspends or terminates an adoption subsidy, except that there will be no right to appeal a decision to terminate a subsidy of a child if the child is 21 and has been receiving a IV-E subsidy or is age 22 and has been receiving a State subsidy.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The ongoing daily adoption support subsidy payment may not exceed the maximum daily rate determined prior to the final order of adoption. The rate may include any increases to the base adoption support subsidy rate due to legislated or age-appropriate increases.
If adoptive parent(s) agree to an ongoing daily payment that is less than the maximum daily rate they may request a renegotiation of the payment at a later date by writing to the address below.
If the adoptive family’s circumstances change and the family decides that the ongoing daily adoption support subsidy payment may be reduced, they may request a renegotiation of the ongoing daily adoption support subsidy payment by writing to the address below.
Adoption Subsidy Office
Michigan Department of Health and Human Services (MDHHS)
Grand Tower Building
235 S. Grand Avenue, Suite 612
P.O. Box 300437
Lansing, MI 48909
The effective date of a renegotiated rate is based on the date of the department approval, but no more than 30 calendar days after the date the written request for renegotiation was received by the adoption subsidy office.
The child is not eligible for an increased payment prior to the effective date. The renegotiated rate is activated when both the adoption subsidy program manager or DHS designee and adoptive parents have signed the new agreement.
If the parent(s) disagree with a denial, they may request an administrative hearing within 90 days of the written notice of the denial decision by the adoption subsidy office. In an administrative hearing, the administrative law judge (ALJ) must first address whether an error has occurred.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
A request for a change in the adoption assistance agreement can be made at any time if the child’s condition or circumstances change. Adoptive parents are directed to contact, in writing, their adoption assistance worker at the Minnesota Department of Human Services (DHS) to complete their request. If a child eligible for at-risk adoption assistance develops a disability, the adoption assistance agreement can be amended to include cash payments and reimbursement for home and vehicle modifications made as a result of the child’s disability. Documentation of the disability from a qualified expert must accompany the request under this circumstance.
If a parent does not receive the change they request, or if he or she disagrees with a decision made by DHS, the parent can appeal by requesting a fair hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement at any time. Families can request a fair hearing whenever there is a disagreement regarding an agency action affecting a change in adoption assistance. Parents must submit a written request for change to the Mississippi Department of Child Protection Services (MDCPS) administrator and include current documentation of the child’s special needs. The State office administrator approves or disapproves any changes in agreements.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive families can request a change in the adoption assistance agreement at any time, either in person or in writing. Requests for modification to the agreement are based on changes in the circumstances of the family or the needs of the child and are submitted to the Children’s Division adoption specialist. Requests for assistance above the basic subsidy package must be accompanied by supporting documentation from appropriate sources. Services within the agreement that are time specific must be must be reviewed and reauthorized.
If the agency and the adoptive parent(s) are unable to agree upon the terms of this agreement or any service proposed and the division issues a written decision denying the services that the adoptive parent(s) feel adversely affect the child, they are entitled to a review. The review procedure shall be initiated upon a written request from the adoptive parent(s) to the local Children’s Division within 10 days of receipt of the written notice of the denial from the division.
If a family disagrees with a decision made by the Division regarding subsidy, they have a right to request a fair hearing within 30 days after receiving written notification from the division. If the adoptive parents wish to request a fair hearing, they must contact their social service worker to request the necessary paperwork.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents or the Department of Public Health and Human Services, Child and Family Services Division (CFSD) can request a change in the adoption assistance agreement any time there is a change in the needs of the child or in family circumstance or an increase in the foster care rate the child would have received if he or she were were in foster care. All changes to the adoption assistance agreement must have the concurrence of the adoptive family.
Requests for change should be made in writing. If parents want to renegotiate an existing subsidy they should contact the adoption negotiations program manager, who will then make a recommendation for a change in the terms of the existing subsidy. Requests for financial subsidy renegotiation will be discussed with the permanency planning specialist or regional administrator to determine if there might be resources or services available in lieu of or in conjunction with a change in the child’s adoption subsidy rate. Contact information for these individuals may be found in the Montana Department of Public Health and Human Services Directory, Child and Family Services Divisions, Program Bureau .
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can request a change in the adoption assistance agreement at any time. Changes may be made at the request of the adoptive family whenever there are changes in family circumstance or when a change in law or regulation indicates the need for a modification in the agreement. Requests must be made in writing to the adoption assistance worker and parents must send information substantiating the change in family circumstance to the that worker. To locate a local the assigned adoption assistance workers contact the adoption specialist by calling: (402) 471-9254
A family has a right to appeal denial of a child’s eligibility for a subsidy, as well as changes in the subsidy agreement. Families should use forms provided by the department or a written letter, and must appeal within 90 days of the action or inaction on subsidy. No change in coverage will occur while the appeal is pending. A hearing will be held subject to the department director’s review within 6 weeks from the date of the request unless families waive the time condition. If there are no special or unusual circumstances, the director will make the decision within 60 days from the date of the request for hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in an adoption assistance agreement?
Adoptive parents may request a change in the adoption assistance agreement whenever there is a change in the circumstances of the family or the needs of the child. Modifications to the agreement can be made at the time of annual review or any time. The written request must be made on the annual adoption assistance review form that is sent to the family each year. The form is an annual opportunity to update the adoption assistance worker of any changes in the living or school arrangements, family circumstances, or needs of the child. If the change is needed at a time other than at the annual review, families may contact their adoption assistance worker to request a form. Written explanation of the change in the family’s circumstances and/or documentation of the child’s needs must accompany the review form. An adoption assistance worker will contact the family to discuss the request, negotiate payment amounts, and address any other service related needs. When the negotiation process is complete, an amended adoption assistance agreement containing the new terms and effective date of the benefits is prepared by the agency for the family’s review, approval, and signature.
If the request for assistance is denied, the parent may request a conference with the adoption assistance staff to discuss the basis of the agency’s decision. If the parents continue to be dissatisfied with the decision after the conference, they may request an administrative review by the agency hearing officer. The written request for the hearing must be received by the agency, or postmarked if mailed, no later than 30 calendar days after the date on which the denial notice is received by the parent. Written requests for hearings must be directed to the State or county agency handling the family’s adoption assistance request.
The Nevada Division of Child and Family Services (DCFS) directory of county child welfare services may be found on the Nevada DCFS website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can make a request to change the adoption assistance agreement at any time. Requests can be made to the adoption program supervisor, in writing, documenting the need for a change. Requests for change should be based on a change in the circumstances of the family or the needs of the child and each request is considered on an individual basis. If the parent disagrees with the decision on the requested change, he/she has the right to request an appeal of the decision and seek a fair hearing.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
A family may request a change in the maintenance subsidy at the annual review based on the child’s needs; the family’s ability to meet those needs; and whether the child’s subsidy has reached the maximum amount allowed for his/her age and level of care. The family must submit a request for changes in the subsidy in writing to the subsidy specialist and provides written documentation of the justification for the change in subsidy. There is no automatic increase in the subsidy amount with changes in the child’s age as is done for foster care payments. A maintenance subsidy cannot be increased beyond the maximum amount payable for foster-care maintenance or the maximum paid for substitute care to the treatment foster care agency. If that amount has been reached, the maintenance subsidy cannot be increased, regardless of the documentation of need that the family presents. The subsidy specialist reviews the request for subsidy and the documentation and makes a determination whether to approve the increase in subsidy.
If approved, the subsidy specialist sends written verification of the change in the subsidy and prepares a new annual agreement form for the family’s signature. There is no retroactive payment for increases in subsidy maintenance. If the increase is not approved, the subsidy specialist notifies the adoption manager and the family of the right to an administrative hearing. Adoptive parents may send requests for changes to an adoption assistance agreement to the Adoption Subsidy Specialist.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Neither the written agreement nor the amount of the payment is subject to an annual review (except whenever the applicable board rate increases due to an increase in the board rate, and/or the clothing replacement allowance or whenever a change in the age of an adopted child qualifies such child to receive adoption subsidy payments at an increased rate). However, the adoptive parent may request a review of the agreement and/or a change in the amount paid under the agreement if his/her child's medical conditions worsen. This application must be supported with current examination(s), must document the changes in child need, and must fulfill all other documentation requirements. Such review or change may be granted at the discretion of the social services official in accordance with the regulations, and subject to the approval of the department if the agreement was approved by the Office of Children and Family Services (OCFS).
Adoptions of New York State children that occur without subsidy may be eligible for a post-finalization request for subsidy under very limited circumstances.
Both the local social services official and OCFS must review all requests for approval. If a request for change to the adoption assistance agreement is denied, the adoptive parent can request a fair hearing.
For more information, contact the New York State Adoption Service at 1-800-345-KIDS (5437) Or email OCFS at adopt.me@ocfs.ny.gov.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents are directed to contact their local Department of Heath and Human Services to request a change in an adoption assistance agreement.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive families can request a change in the adoption assistance agreement any time there is a documented change in the needs of the child or the circumstances of the family. Parents can make a request for modification of the agreement at an annual review or whenever there is a change that requires a change in payment level.
The request for modification must be made in writing to the county social service office administering the adoption assistance grant and must detail the specific reasons for the requested change in adoption assistance amount, including rationale for the specific amount requested. If the parent is requesting an amount that exceeds the regular foster care rate for the child’s age, the adoption subsidy worker shall document the special needs of the child that warrant the higher amount. Negotiation regarding requested changes may be initiated by the county social service office administering the adoption assistance grant. Additional documentation may be requested during the negotiation process. Contact information for county social services offices may be found on the North Dakota (ND) Department of Human Services (DHS) website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can request a change in the adoption assistance agreement at any time by contacting the Public Children Services Association (PCSA) office that administers the adoption assistance agreement. The PCSA and the adoptive parent negotiate a new agreement and changes existing adoption assistance agreement. If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly payment amount, the PCSA and the adoptive parent(s) may complete a JFS 01453 for a mutually acceptable level of payment while negotiations continue through the state mediation conference or the adoptive parent(s) requests a state hearing. See Question #10 for information regarding fair hearings.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The adoption assistance payment amount may be readjusted periodically when warranted by a change in circumstances and with the concurrence of the adoptive parent(s). The parent(s) can request a modification of the adoption assistance agreement at any time. Typical requests are for an increase due to a change in circumstances or for difficulty of care. All requests must be made in writing.
- Modification Based on a Change of Circumstances
Parents may request an increase based on a change of circumstances, such as the age of a child. However, age increases are not automatic for adoption assistance payments. The request will need to be made in writing and may be stated as a request for the “maximum assistance allowed” for the child’s age.
- Modification Based on Difficulty of Care (DOC)
DOC payments may be requested in addition to the standard monthly adoption assistance payments. Renegotiation or modification of a child’s adoption assistance agreement may be requested when a child needs more medical, behavioral mental health or special services. A request for DOC must include a written statement from the adoptive parent(s) that includes an explanation of the child’s medical condition, behavioral problems, mental illness or disability. The request must also be accompanied by a current statement (within 6 months of the request) signed by a licensed physician, psychiatrist, or clinical psychologist describing the condition, including diagnosis, prognosis and treatment. Updated documentation may be required by the Department of Human Services from time-to-time to establish a child’s ongoing eligibility for a particular DOC support rate. All requests may be forwarded to:
Oklahoma Department of Human Services
Post Adoption Services
P.O. Box 25352
Oklahoma City, OK 73125
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The department or adoptive family may request renegotiation of an adoption assistance agreement. When the adoptive family has previously signed an adoption assistance agreement only and requests adoption assistance at a later date, it is considered a renegotiation.
A request for renegotiation of the adoption assistance agreement made by a pre-adoptive family or adoptive family must:
- Be in writing in a format provided by the Department to the pre-adoptive family or adoptive family
- Document changes in the circumstances of the pre-adoptive family or adoptive family, when applicable
- Document the needs of the child or young adult
- Provide information about the financial expenses of the pre-adoptive family or adoptive family in meeting the needs of the child or young adult
- Provide written documentation of the child's or young adult's current behaviors
Disputes over renegotiation of the adoption assistance agreement are resolved through the appeal procedures. Contacts and Adoption and Guardianship Assistance Program information may be found on the Oregon Department of Human Services website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The county Children and Youth Agency or the adoptive parents may request a change in the adoption assistance agreement and renegotiate the terms of the agreement at any point while the agreement is in effect. The family must make a written request to the agency to modify the monthly adoption assistance payment due to changes in the needs of the child or the circumstances of the family. The family must provide documentation related to the change in the needs of the child or the circumstances of the family that support the request for change.
The agency is required to contact the parents annually to assess the child's needs and the circumstances of the family. The agency may request a renegotiation if significant changes in the circumstances of the child or family are reported. Any changes must be made with the concurrence of the adoptive parents and the county agency. Changes in the terms of the adoption assistance agreement require a new agreement be signed by both the county agency and the adoptive parents. If a parent does not receive the requested change, the parent may appeal the agency’s decision.
Contact information for regional offices may be found on the Pennsylvania Office of Children, Youth, and Families website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
At any time during the term of the adoption subsidy agreement, adoptive parents or the Department of Children, Youth and Families (DCYF) may request an adjustment in the adoption assistance payment at any time during the term of the Adoption Assistance Agreement. To request a change in an adoption assistance agreement, a written request must be submitted to the adoption services unit, Permanency Subsidy Coordinator, with documentation attached that supports the request for change. A request for new or additional post adoption services is a change in the adoption assistance agreement and must be forwarded in writing to the Family Services Unit with supportive documentation attached to the request. Contact the Permanency Subsidy Coordinator by phone: 401.528.3676 or send requests for change to the following address:
Permanency Subsidy Coordinator
101 Friendship Street 4th floor
Providence, Rhode Island 02903
- In the event the adoptive parent requests an increase in the adoption assistance payment, the adoptive parent shall be responsible to document the changes in the needs of the child or the circumstances of the adoptive family to support the request for an increase in the adoption assistance payment not to exceed the limits set forth in DCYF policy.
- The department has the right to approve or deny the request by the adoptive parent to increase the adoption assistance payment.
- In the event the department denies a request to increase the adoption assistance payment, the adoptive parent has a right to request a fair hearing in accordance with DCYF procedure for Complaints and Hearings (see DCYF Policy 100.0055 Complaints and Hearings). The Permanency Subsidy Coordinator provides the rationale for denial and written notification is sent to prospective adoptive parent(s).
- The Permanency Subsidy Coordinator is responsible for discussing and negotiating any adjustment to the adoption assistance payment with the adoptive parent.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents can request a modification in the adoption assistance agreement whenever there is a change in the family’s circumstances or the needs of the child. If the child is found to have a preexisting condition after the adoption assistance agreement is finalized, the agreement may be amended to include the condition. A written request detailing the need for change must be submitted to the adoption assistance worker or the special needs administrator for review. Medical or therapeutic documentation from a therapist or physician supporting the need must accompany the request for modification. Proof of mental or physical handicap that warrants a continuation of assistance is necessary when the child reaches their eighteenth birthday. Specific contact information for county offices may be found on the Department of Social Services website. A parent can appeal an adverse decision by contacting the Office of Administrative Hearings. Details may be found in the question/answer about Fair Hearings.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The subsidy agreement may be modified, amended, rescinded, or canceled at any time in writing by mutual agreement of the adoptive parents and the department. Adoptive parents can request a change in the adoption assistance agreement whenever there is a change in the circumstances of the family or the needs of the child. Decisions are made on a case-by-case basis to pay for such needs as residential care and payment is available for South Dakota adoption assistance children only. To request an amendment to the adoption assistance agreement, the adoptive family must submit a written request to their adoption assistance worker. The request for change is considered by the administrator and the adoption program specialist. Frequently asked questions about the South Dakota Adoption Subsidy Program may be found on the South Dakota Department of Social Services website.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The Department of Children Services (DCS) may adjust adoption assistance rates across the board based on availability of funds or changes in policy. This adjustment will always be applied to the adoption assistance rate currently contracted for the child. Other increases are limited to those where proper documentation is presented that demonstrates a change in the child’s needs or circumstances. Adoption assistance agreements/renewals are subject to review at any time for correction of errors or oversight. Adoptive parents can request a change in the adoption assistance at any point after the initial approval by contacting the permanency specialist or their adoption assistance worker by phone in the local DCS. Supporting professional documentation must be provided by the parent to the permanency specialist or their adoption assistance worker. The documentation must be reviewed by the central office subsidy unit supervisor to determine if the current level of assistance is still appropriate or if an increase in the adoption assistance rate is warranted. If the request is denied, the parent can appeal the decision by requesting and completing the “Appeal for Fair Hearing” form. More details may be found in the Subsidy Manual for Adoption Assistance and Subsidized Permanent Guardianship. Additional information can be received by contacting the Tennessee DCS Administrative Procedures Division at:
Tennessee DCS Administrative Procedures Division
200 Athens Way, 2nd Floor, Suite B
Nashville, TN 37243
Phone: (615) 741-1110
Fax: (615) 741-4518
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoptive parents or the Texas Department of Family and Protective Services (DFPS) can initiate a review of an adoption assistance agreement at any time. A request for a change in the agreement can be made any time there is a change in the needs of the child or the circumstances of the child or the family. The family can always request a fair hearing if their request is denied. Requests must be made in writing to the adoption assistance benefits negotiator. Upon receipt of a request for a change in the monthly payment, the adoption assistance benefits negotiator contacts the adoptive parents within ten working days to negotiate a new payment amount. After the negotiations, the negotiator is responsible for notifying the eligibility specialist of any changes. The adoption assistance eligibility specialist is responsible for updating information reported as a change within 5 days of receipt of the changed information. Any negotiated increase in benefits is effective no earlier than the first of the following month after a new agreement is signed. For more information, please contact the local DFPS agency.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The family or caseworker may initiate a change in the amount of subsidy based on a child’s documented level of special need or a change in the family’s ability to meet those needs and it may be renegotiated at any time. Parents can call, send a letter, or make an in-person request of their adoption assistance worker to change their adoption assistance agreement at any time. Contact the local Division of Child and Family Services (DCFS) offices through the directory of offices. If the State reduces the amount of the monthly subsidy without the agreement of the family, for any reason, the family has the right to a fair hearing to appeal that reduction. The State has an obligation to notify the parent of the right to a fair hearing in the event that a subsidy is reduced.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Once both parties sign an adoption subsidy agreement, the amount or type of subsidy can be changed only with the concurrence of both parties. When the financial circumstance of the family or the needs of the child/youth warrant it, parents may apply for reconsideration of the specifics of the written agreement.
Requests for changes in the adoption assistance agreement must be in writing and have the adoptive parent(s) signature(s). To make a request to increase adoption assistance, the adoptive family must first make use of any and all available community supports and provide documentation of such use. Parents must include information detailing the community supports and agencies the family has already contacted for assistance, the results of those contacts, any school or psychological evaluations, and information from therapists, doctors or social workers working with the child and family. The written request for change must outline what is needed, an estimate of cost, what portion (if any) of the cost will be funded by community supports, what portion (if any) will be funded by the family, and what portion parents are seeking from the state. The request must also detail the estimated duration of services/costs. Requests should be sent to the Adoption Chief.
For information regarding adoption, contact Vermont DCF, Family Services Division at the following address:
280 State Drive HC1N
Waterbury, Vermont 05671-2401
Phone: 802.241.2131
https://dcf.vermont.gov/fsd/adopt
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The adoptive parents may request a change to the existing adoption assistance agreement at any time during the duration of the agreement based on changes in the child’s special needs or the family circumstances of the adoptive parents. A change in non-recurring adoption assistance cannot be reassessed as they are a one-time only expense.
For changes to the agreement, adoptive parents may submit an Addendum Request to the Virginia adoption assistance agreement to the local Department of Social Services (DSS) with which they established the agreement. Adoptive parents and the local department will assess, negotiate, and agree upon new terms of adoption assistance and sign an addendum to the Virginia adoption assistance agreement that documents the agreed upon revised terms.
To request a change, the family is directed to contact the agency that is a party to the agreement. Virginia’s Department of Social Services (DSS) local DSS agency.
Any time, there is a change in family circumstances or the child’s condition, adoptive parents may ask a revision of the agreement to their adoption support program consultant. The consultant will provide information about pertinent documentation concerning the child’s special needs and the current circumstances of the family.
For more information, see the Washington Department of Social Services' publication, Post Adoption Questions and Answers .
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
The adoptive parent(s) may request a change in the adoption assistance agreement anytime there is a change in the circumstances of the family or the needs of the child. Such circumstances include changes in family or child resources, or the special needs of the child. Adoptive parent(s) must submit a formal written request and provide documentation of the need for modification of the agreement. Adoptive parent(s) can request a conditional service at the time of need. If the child qualifies for assistance at the time of the adoption, but the adoptive parent(s) elect not to receive part or all of the assistance, the family must sign the refusal clause of the adoption subsidy agreement. This clause allows for reapplication for assistance, in the future, if needed. If the request is approved, an addendum to the initial agreement will be completed to cover a time-limited service or to extend the adoption assistance agreement until the child’s 21st birthday if the child's mental or physical disability warrants the continuation of assistance.
The request may be for an increase in cash assistance up to the current ceiling or it may be for a service unique to the needs of the child. Every request is considered but not all requests are approved.
All requests for change or services must be in writing and signed by the parent to document the type of request and date requested. Written requests can be in an informal letter with attached documentation to verify the change in need. Requests for change to the initial agreement are sent to the adoption assistance program specialist at the Division of Children and Adult Services. An administrative committee reviews extraordinary or unique requests to determine eligibility.
The adoption assistant program specialist will negotiate specifics via phone and prepare an addendum to the initial adoption assistance agreement to reflect the negotiation, which is signed by all parties. If the request is denied, a letter is sent notifying the adoptive parent. Denial letters inform adoptive parent(s) they may request a fair hearing if they do not agree with the Department’s decision.
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Adoption assistance agreements can be amended in Wisconsin if adoptive parents believe a substantial change in circumstances has occurred and the needs of the child have changed at any time during adoptive placement and prior to finalization of the adoption. After finalization, parents must wait 12 months from the date of adoption to request an amendment to their original adoption assistance agreement if they believe a substantial change in circumstance has occurred since the initial adoption assistance agreement was signed. The family must complete and return the request for adoption assistance amendment form available from the Wisconsin Department of Children and Families to record the family’s observations of the child’s physical, behavioral, and emotional needs. The child’s current special needs must be documented by a professional to verify a substantial change in circumstances.
Changes to adoption assistance agreements are known as amendments. Parents interested in pursuing an amendment should contact the adoption assistance program specialist at 866.666.5532 to discuss the process and obtain the necessary information.
Prior to adoption finalization, if an applicant for adoption assistance is not satisfied with the action taken by the department on the application, or if the applicant who has been approved for or is receiving adoption assistance is not satisfied with the conditions governing the award, the applicant may request a review of the decision by the division administrator. This request must be submitted prior to adoption finalization. A request for review of a decision should be sent to the following address:
Division Administrator
Department of Children and Families
P.O. Box 8916
Madison, WI 53708-8916
https://dcf.wisconsin.gov/adoption/assistance
- When can a parent request a change in the adoption assistance agreement?
- How does a parent request a change in the adoption assistance agreement?
- What if a parent does not receive the change they request in the adoption assistance agreement?
Wyoming reviews adoption assistance agreements on an annual basis and parents can request a change at the annual review. Adoption subsidies can be renegotiated whenever there is a change is circumstances. Adjustments may be made only by mutual agreement between the adoptive parent(s) and the Department of Family Services (DFS) in writing based on the needs of the child and the circumstances of the adoptive parent(s). A new adoption assistance agreement shall be completed and marked as "adjusted agreement” to reflect the change and signed by all parties.
Parents can discuss specific concerns related to their child's needs with the State adoption assistance worker and supervisor at the applicableDepartment of Family Services (DFS) office. Parents can also contact the manager of the local DFS office to further discuss any change to the adoption assistance agreement.
Note: Not all services may be available in all cases. Contact your adoption assistance worker or post adoption services contact for information regarding process, eligibility, availability, and duration of services.