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SPECIAL NEEDS
CHILDREN IN FOSTER CARE AWAITING ADOPTION
“I want to
be adopted. I want a family of my own. I want to feel like I
belong some place. I want to stop moving around and I want
to feel secure.”
-Twelve year old foster child
Many
children reside in foster homes in Nevada awaiting adoption.
The primary mission of state and county adoption programs is
to find homes for these waiting children, the majority of
whom are identified as “special needs” due to histories of
abuse, neglect, or exposure to drugs or alcohol during fetal
development. As a result, these children may experience
physical, emotional, developmental or behavioral challenges.
Older children, and those who need to be placed with
brothers and sisters, are also classified as special needs
due to difficulties in securing adoptive homes for them.
Adoptive
parents of special needs children have learned it can be a
challenging, yet rewarding life experience. They have
discovered these children can learn to be part of a loving
family and realize their unique potential.
CHARACTERISTICS NEEDED TO PARENT A CHILD WITH SPECIAL NEEDS:
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*Commitment |
*Willingness to try new parenting skills
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*Sense of humor |
*Acceptance of child’s limitations |
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*Flexibility |
*Understanding/empathy |
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*Advocacy skills |
*Support network of friends/family |
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*Patience |
*Knowledge of community resources |
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*Tolerance |
*A
grounding in reality |
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*Optimism |
*Unconditional love |
LEARNING
MORE ABOUT THE CHILDREN AVAILABLE FOR ADOPTION
Families interested in adopting special needs children
should contact the adoption recruiter in their area. Contact
information can be found later in this guide. Families can
also view photo listings and descriptions of children
currently available for adoption. Follow the links below. If
you find a child in which you are interested, you can email
the special needs recruiter directly for further information
about the circumstances of the child, and the adoption
application process.
STEPS IN THE ADOPTION PROCESS OF SPECIAL NEEDS CHILDREN
First, families interested in adoption must complete parent
preparation and training coordinated by the State or county
agency. The agency will provide information on resources for
ongoing support, training and advocacy group activities for
special needs children as part of the training process.
Second,
families must participate in a home study conducted by a
public or private agency worker; which includes
questionnaires, interviews, personal references, a home
safety inspection, law enforcement and child abuse/neglect
background checks and medical examinations.
Third,
families who complete the home study process must be
approved by the agency to proceed to adoption. Prospective
parents will be matched with a waiting child(ren) whom they
would be best suited to parent, based upon factors discussed
during their home study process; i.e., age, gender, types of
circumstances or conditions the child (or sibling group) may
present.
Fourth, if a
match is found for a child with a prospective family, the
adoptive parents will be given a report to read about the
child known as a social summary. The summary is prepared by
the child’s case worker, and contains as much
non-identifying information as is available to the agency
concerning the child and his/her family’s background.
Information available to an adoptive family on a child or
sibling group will vary; is determined by their age,
physical and mental conditions, and the circumstances
surrounding their removal (or voluntary release) from their
family of origin.
Details in
the social summary may include, but are not limited to:
- Child
and family’s social history
- Reasons
for adoptive placement
- Child’s
personality and temperament
- Child’s
self help skills and functioning level in comparison to
his/her age
- Child’s
residential placement history
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Child’s/sibling’s history of abuse/neglect/abandonment,
if applicable
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Information on child’s siblings and strength of their
relationship, if applicable
- Child
and family’s health and medical history, including known
hereditary conditions or problems
- Child’s
birth records and developmental history
- Child’s
psychological and psychiatric history and reports, if
applicable
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Information on child’s specific special needs
- Child’s
intellectual functioning and educational reports, if
applicable
The exchange
of the information contained in the social summary is
intended to assist the prospective adoptive family in
further understanding the child and his/her current and
possible future needs. It is also utilized to determine
whether the family will require financial and/or medical
assistance to meet those needs. Due to its vital importance,
a copy of the summary and other pertinent records available
will be provided to the adoptive parents by the child’s case
worker at the time he/she is placed in their home.
Fifth,
families who have reviewed the child’s background and wish
to pursue an initial meeting will have one arranged by the
agency worker. Other visits will be scheduled, depending
upon the results of the first meeting; and if it appears to
be in the best interest of both the child and the family.
Successful visitation will lead to the arrangement of a date
for the child’s placement in the home by the agency. Factors
such as age, the child’s adjustment to the family, and
his/her special needs will be considered in the commitment
to a move-in date.
Finally, the
child must reside a minimum of six months in an adoptive
home before he/she may be legally adopted by the family,
which is known as finalization. A case worker will supervise
the placement and make periodic visits up until finalization
by the court. The worker will also assist the family with
any issues or circumstances that may arise related to the
child’s adjustment. The supervision period may be extended,
depending upon the child’s needs and those of the family
before the court’s issuance of a decree of adoption. The
family will need to retain the services of an attorney to
finalize, and the agency worker will provide details on the
process, as well as information on available assistance with
legal costs, well in advance of the final court date.
Due to the challenges adoption of children with special
needs may present, the agency worker will review options for
post adoptive counseling and possible financial assistance
which may be available to assist the family in meeting their
child’s ongoing needs.
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. |