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SUBSIDIZED ADOPTION ASSISTANCE PROGRAM FOR SPECIAL NEEDS
CHILDREN
Adoption
assistance programs were developed to encourage and support
the adoption of special needs children from foster care, by
enabling families to adopt without placing an undue burden
on the family. Subsidies are provided in four basic
categories: medical coverage, limited reimbursement of
adoption related costs, social services and financial
assistance. Families adopting special needs children through
private agencies may also be eligible, and are encouraged to
apply.
Types of
Subsidies Available in Nevada
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Federal Adoption Assistance
Public Law 96-272, the Child Welfare and Adoption
Assistance Act of 1980, required States to establish an
adoption subsidy program for children with special needs
who are eligible for Title IV-E funding under the Social
Security Act. Eligible children may receive financial
and/or medical assistance. The subsidy payment must be
based on the child’s special needs rather than the
family’s income; and may not exceed the foster care
payment rate. Federal law mandates that the resources of
the adoptive parents cannot be considered when
determining a child's eligibility for Title IV-E
adoption assistance, however, the circumstances of the
family and the needs of the child must both be taken
into consideration when determining the nature and
amount of assistance.
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State Adoption Assistance
Nevada also offers a state funded adoption subsidy
program for children not eligible under the Federal
program. Eligible children may also receive financial
and/or medical assistance to meet their ongoing special
needs. Subsidy assistance for the state program is also
based on the child’s needs rather than the family’s
income.
Financial assistance provided cannot exceed the
established foster care rate
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Special Needs Criteria
A child for whom placement with an adoptive family is
made more difficult because of the child’s age, race,
number of siblings, or because the child suffers from a
severe or chronic medical, physical, mental or emotional
condition is considered to be “special needs.”
Generally, a child over the age of five years, a member
of a sibling group who need to be placed together, a
member of a minority ethnic group, and/or children of
any age who experience behavioral, developmental,
physical or medical challenges are considered special
needs. Children not defined, as special needs are not
eligible for subsidy assistance.
What kind
of assistance is available?
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Medical Coverage
Eligible children would receive medical care through the
State’s medical assistance program (Medicaid). This
service may assist the family in meeting a child’s
medical needs, including pre-existing medical
conditions.
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Financial Payments
A monthly grant to reimburse expenses related to the
child’s care may be approved; however, it cannot exceed
the established payment rate for the child if they were
in foster care.
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Nonrecurring Adoption Finalization Costs
Families adopting special needs children may be
reimbursed for fees related to finalization of the
adoption up to a fixed amount. These fees may include:
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Legal costs-court filing fees and attorney fees not
to exceed $250.00 per eligible child;
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Agency fees paid for completion of home study;
and/or
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Travel costs related to visiting the child prior to
placement with the family
How do I
apply for assistance?
You and your
adoption worker complete a subsidy application packet
together that is submitted to your local DCFS office or
county agency which provides child welfare services for a
determination of eligibility. It must include professional
documentation of the child’s special needs. The amount and
type of subsidy is determined by considering the child’s
needs along with the adoptive parents’ circumstances,
resources and ability to cover the child’s cost of care.
When
should I apply for assistance?
Adoption
subsidy applications and agreements must be approved
prior to finalization of the adoption in order for
the agreement to be valid. The application should be
submitted well in advance of the time you plan to go to
court.
Once you and
your worker have settled on the type and amount of
assistance, an agreement will be sent to you for your
signature following submission and approval of your
application by the State or county agency staff. You will
sign and return it to your State or county office for
administrative approval. An agreement is not approved until
all parties to the agreement have signed and dated it.
If you are
adopting an eligible special needs child and require ongoing
assistance through the subsidy program, you must not
finalize the adoption until your subsidy application
and agreements are approved by State or county agency
officials.
What if
my application for assistance is denied?
If you make
application for subsidy assistance and you do not agree with
the agency’s decision regarding your application, you may
request a conference with the State or county agency
administrative staff to review the decision. If after the
conference you still disagree with the agency’s decision,
you may request a fair hearing to further review your
application.
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