89 Ill. Adm. Code 302.310
Adoption Assistance
Section 302
Section 302.310 Adoption Assistance
a) General Provisions
1) Eligibility,
Funding Source, Assistance Amounts
A) Adoption
assistance may be provided to those persons adopting children who are legally
free for adoption, who are residents or youth in care of Illinois, and who the
Department has determined meet the special needs criteria for non-recurring
adoption assistance or who meet both the eligibility and special needs criteria
for ongoing adoption assistance and who, it is reasonable to conclude, are not
likely to be adopted without the provision of adoption assistance.
B) Adoption
assistance is available through a combination of federal and State funding.
The State receives federal reimbursement for a portion of the assistance
provided for children meeting the Title IV-E eligibility criteria of the Social
Security Act. The Department must comply with all of the requirements of that Act
to claim funding for Title IV-E eligible children. The Title IV-E adoption
assistance process is a combination of the field staff preparing the subsidy
and documenting special needs followed by a centralized eligibility unit determining
financial aspects of Title IV-E assistance.
C) State
funding provides adoption assistance for children for whom the Department has
placement and care responsibility and who meet the special needs criteria but
are not eligible for Title IV-E adoption assistance. State funding also
provides adoption assistance for children who age out of eligibility for Title
IV-E adoption assistance and continue in school up to the earliest of their
nineteenth birthday or graduation from high school.
D) Eligibility
for adoption assistance shall be determined regardless of the financial
circumstances of the adoptive parents, the types and amounts of assistance
shall be determined by the Department and the adoptive parents on an individual
basis. The Department shall notify the prospective adoptive parents of the
availability and the types of assistance. The adoptive parent may refuse any
or all of the adoption assistance. The ongoing monthly payment shall be issued
to the person identified in the adoption assistance agreement. Any type of
adoption assistance services included in this Part that are payable through
insurance or other funding sources will not be paid for by the Department. The
child adopted with adoption assistance is entitled to receive only those
services and/or payments specified in the adoption assistance agreement.
2) Responsibility
of the State in Interjurisdictional Adoptions
A) When
the Department has responsibility for placement and care of a child who is
eligible for Title IV-E reimbursement, the Department is responsible for
entering into the adoption assistance agreement and paying the adoption
subsidy, even if the child is placed in an adoptive home in another state.
B) If the
Department does not have responsibility for placement and care of a Title IV-E
eligible child, it is the adoptive parent's state of residence where the
adoption assistance application should be made. In that event, the public
child welfare agency in the adoptive parent's state of residence is responsible
for determining whether the Title IV-E child meets the definition of special
needs, entering into the adoption assistance agreement and paying the subsidy,
consistent with the way public benefits are paid in other programs.
3) Continued
Eligibility of Children
A) If an
adoption is dissolved because of the termination of parental rights, or the
death of the adoptive parents, a child adopted with Title IV-E adoption
assistance continues to be eligible for Title IV-E adoption assistance if the
State determines that the child meets the definition of a child with special
needs prior to finalization of adoption.
B) When
an adoption assistance agreement is terminated because of the death of the
adoptive parents, or the termination of parental rights and the child is
adopted again, the Title IV-E child's state of residence is responsible for
entering into the assistance agreement and paying the subsidy, consistent with
the way public benefits are paid in other programs.
C) A
child who was previously adopted with adoption assistance and whose adoption
dissolves or whose adoptive parents die may be treated as if the financial
circumstances for a subsequent adoption are the same as the first time the
child was adopted.
b) Eligibility for Adoption
Assistance
Children under the Department's
legal responsibility and those who are not under the Department's legal
responsibility when the adoption petition is filed are eligible for Title IV-E adoption
assistance when they meet one of the eligibility criteria described in this subsection
(b) and the special needs criteria detailed in subsection (b)(2). Children for
whom the Department of Children and Family Services is responsible for
placement and care when the adoption petition is filed who do not meet the
eligibility requirements in this subsection (b) but do meet the special needs
criteria detailed in subsection (b)(2) are eligible for State-funded adoption
assistance. Children not under the legal responsibility of the Department who
do not meet the eligibility criteria described in this subsection (b) but who
meet the definition of a child with special needs are eligible for adoption assistance
non-recurring expenses only. The Department will not disqualify a child who is
otherwise eligible for adoption assistance based on the child being an alien
child. A qualified alien child must meet the provisions of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (P.L. 104-193,
110 Stat. 2168), as amended by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) (P.L. 104-208), and the Balanced Budget Act
of 1997 (BBA) (P.L. 105-33, 8 USC 1642).
1) The
child was eligible for AFDC under the provisions of Title IV-A of the Social
Security Act in effect as of July 16, 1996 during the month the petition was
filed to remove the child from the home and the Department has determined that
the child meets the definition of a child with special needs; or
A) An
AFDC-eligible child removed from the home as a result of a court order shall be
eligible for adoption assistance when there is a judicial determination in the
removal order that it was contrary to the welfare of the child to remain in the
home; or
B) An
AFDC-eligible child removed from the home as a result of a voluntary placement
agreement shall be eligible for adoption assistance when the child was placed
in a foster home and at least one Title IV-E maintenance payment was made while
the voluntary placement agreement was in effect; or
C) An
AFDC-eligible child who was voluntarily relinquished to a public or private
not-for-profit agency shall be eligible for adoption assistance in the
following circumstances:
i) a
petition to officially remove the child from the home was filed with the court within
6 months after the date the child last lived with the relative who voluntarily
relinquished the child; and
ii) there
is subsequent judicial determination with respect to the petition that
remaining in the home is contrary to the child's welfare; or
D) The
child's eligibility for Supplemental Security Income (SSI) was established and
documented by the Social Security Administration and the Department determines
that the child meets the definition of a child with special needs prior to the
finalization of the adoption; or
E) The
child is a child of minor parent receiving Title IV-E foster care maintenance
payments that include the child, although the child is not a ward of the
Department and the child meets the definition of a child with special needs; or
F) The
child is a child for whom adoptive parents were previously receiving adoption
assistance and the Department has determined that the child meets the
definition of a child with special needs prior to the finalization of the
subsequent adoption.
2) Special
Needs Criteria
In order to be eligible for
adoption assistance, the Department must determine that the child meets all three
of the following criteria that comprise the definition of a child with special
needs:
A) the
child cannot or should not be returned to the home of his or her parents as
evidenced by:
i) a
voluntary or involuntary termination of parental rights; and/or
ii) the death of a
parent.
B) there
exists a specified factor or condition because of which it is reasonable to
conclude that the child cannot be placed with adoptive parents without
providing adoption assistance. These factors or conditions include:
i) an
irreversible or non-correctable physical, mental or emotional disability; or
ii) a
physical, mental, or emotional disability correctable through surgery,
treatment or other specialized services; or
iii) the
child is one year of age or older; or
iv) the
child is a member of a sibling group being adopted together where at least one
child meets one of the conditions in subsections (b)(2)(B)(i) through (iii); or
v) the
child is being adopted by adoptive parents who have previously adopted, with
adoption assistance, another child born of the same mother or father; and
C) a
reasonable, but unsuccessful, effort has been made to place the child with
adoptive parents without providing adoption assistance, and the prospective
adoptive parents are either unwilling or unable to adopt the child without
adoption assistance, as evidenced by a written statement from the adoptive
parents. A documented search for alternative adoptive placements without
adoption assistance shall be made unless the Department determines that such a
search would not be in the best interests of the child because the child has
developed significant emotional ties with the prospective adoptive parents
while in their care.
c) Types of Adoption
Assistance
The types of
adoption assistance that a family may apply for include:
1) Non-recurring
Expenses
Payment for non-recurring adoption
expenses incurred by or on behalf of the adoptive parents in connection with
the adoption of a special needs child, up to a maximum of $1500 for each
adopted child.
2) Monthly
Payments
An ongoing monthly payment is to
be determined through the discussion and negotiation process between the
adoptive parents and the Department based on the needs of the child and the
circumstances of the family. This payment should combine with the parent's
resources to cover the ordinary and special needs of the child. This payment
shall not exceed the amount the child receives in his or her current foster
family upon entry of the final order of adoption unless the child is an unlicensed
relative placement. In such a case, upon entry of a final order or adoption,
the adoptive family may receive up to the applicable licensed foster family
home rate. The ongoing monthly payment shall only be issued to one custodial
caregiver identified as payee in the adoption assistance agreement, and this
person shall be the designated authority for the purpose of service provision.
In the event that there is a change in the custodial status of the child, the
Department shall be notified. If a change in payee is necessary, notification
shall be sent to the Department in writing with the supporting legal
documentation attached. A non-custodial parent may request notice of periodic
reviews or subsequent amendments to the adoption assistance agreement regarding
their children.
3) A Medicaid card.
4) Needs Not Payable
Through Other Sources
A) Payment
may be made for physical, emotional and mental health needs not payable through
insurance or public resources (e.g., other State or community funded programs)
that are associated with, or result from, a condition whose onset has been
established as occurring prior to the entry of the final order of adoption.
Payment shall not be made until the Department has been notified in writing that
such services will begin and has approved the requested services, and a
contract (when applicable) has been executed. The Department's reimbursement
shall be limited to what is usual, customary, and reasonable based on
Medicaid-eligible service rates in the community as determined by the
Department.
B) The
Department will not pay for physical, emotional, medical, mental health or
psychological services or treatment for a pre-existing condition or risk
factors unless the pre-existing condition, service or risk factor is included
in the adoption assistance agreement or can be documented as a pre-existing
condition that was unknown at the time of the agreement by a medical provider.
5) Therapeutic Day Care
Therapeutic day care is available
only for children who are determined to have a disability that requires special
educational services through an Individualized Education Plan (IEP), an
Individual Family Service Plan (IFSP), or a 504 Educational Special Needs Plan
and is not fundable through another source. Specific therapeutic interventions
must be provided as an integral part of the day care programming. Payment for
therapeutic day care shall not be made until the Department has been notified
in writing that such services will begin, has approved the requested services,
and a contract has been executed (when applicable).
6) Employment
Related Day Care
Payment for day care for children
under the age of three years may be made if
the adoptive parent is
employed or in a training program that will lead to employment. Payment for
day care services shall end on the child's third birthday. This day care
payment cannot be used in addition to therapeutic day care.
7) College
Scholarships and the Education and Training Voucher Program
Children who are receiving adoption
assistance may apply for a 4-year college scholarship awarded by the Department
on a competitive basis (see 89 Ill. Adm. Code 312). A limited number of
scholarships are awarded by the Department each year to high school or high
school equivalent graduates. Youth who are adopted from foster care after
attaining age 16 are eligible to enter the Education and Training Voucher (ETV)
Program.
8) Respite
Care for Medically Fragile/Technology Dependent Children
A) The
Department may make payment for care for children who have a pre-existing
condition that meets the medical eligibility guidelines used by the Department
of Healthcare and Family Services (HFS) for the Home and Community Based
Services (HCBS) Waiver program for Children who are Medically
Fragile/Technology Dependent. The payment shall not exceed 10 days per State
fiscal year.
Unused days from one fiscal year cannot be carried over to
a new State fiscal year or donated to another family. This program is operated
by the Division of Specialized Care for Children (DSCC) for HFS. DCFS regional
nurses shall assist in making the determination of whether the child meets the
eligibility requirements for the waiver program.
B) Respite
care shall be provided by an authorized provider licensed by the Department of
Public Health as a children's respite care center under the Alternative Health
Care Delivery Act [210 ILCS 3]. The provider must accept the Medicaid nursing
hourly rate as the payment rate for the respite care. DCFS shall select and
contract directly with the authorized provider to pay for this service. The
adoptive parents must not already be receiving respite care from another
source.
i) For
existing adoptive cases: If the adoptive parents agree to apply, the parents
should apply for the HCBS waiver program. As part of this application process,
medical eligibility and cost neutrality calculations shall be determined. If
determined eligible and the adoptive parents agree to accept HCBS waiver
program services, then the respite care shall be provided through that program (if
respite care is available as part of the service package resulting from these
determinations and there is available capacity in the waiver program).
ii) For
new
adoptive cases, the adoptive parents must apply for the HCBS waiver program.
As part of this application process, medical eligibility and cost neutrality
calculations shall be determined. If determined eligible, the adoptive parents
must agree to accept HCBS waiver program services, and the respite care shall
be provided through that program (if respite care is available as part of the
service package resulting from these determinations and there is available capacity
in the waiver program).
9) Conditional
Adoption Assistance
Conditional adoption assistance is
available to children adopted before February 1, 2004. To be eligible for
conditional adoption assistance, the child must meet all of the eligibility requirements
for adoption assistance and have a documented disability or risk factor not
evident at the time of the adoption but that may require intervention,
treatment or services in the future.
d) Adoption Assistance
Agreement
The adoption assistance agreement
shall be signed prior to the entry of the final order of adoption. The types,
amount and duration of adoption assistance shall be agreed to in writing by the
Department and the adoptive parents prior to the entry of the final order of
adoption, and shall be set forth in the adoption assistance agreement, which
shall be binding on the parties to the agreement. This payment shall not
exceed the amount the child received in his or her current foster family home
upon entry of the final order of adoption unless the child is in an unlicensed
relative placement. In such a case, upon entry of the final order of adoption,
the adoptive family may receive up to the applicable licensed foster family
home rate. The adoption assistance agreement shall remain in effect,
regardless of where the adoptive parents currently reside and shall contain
provisions for the protection of the interests of the child in cases where the
adoptive parents and child move. The adoptive parents may request a change in
their child's subsidy due to a change in the family or child's circumstances.
All changes and/or services are subject to periodic review and authorization by
the Department.
e) Notification Requirements
by Adoptive Parents
The adoptive parent shall notify
the Department no later than 30 days after any of the following occurrences:
1) the child is no longer
the legal responsibility of the adoptive parents;
2) the adoptive parents no
longer financially support the child;
3) the child graduates
from high school or equivalent;
4) there
is a change of residential address or mailing address of the adoptive parents
or the child;
5) the child dies;
6) the child becomes an
emancipated minor;
7) the child marries;
8) the child enlists in
the military;
9) the child's custodial
status changes;
10) if
the child was adopted before July 1, 2017, or was younger than 16 years of age
when the adoption was finalized on or after July 1, 2017, the child completes his
or her secondary education or a program leading to an equivalent credential; or
11) if
the child was adopted after July 1, 2017 and was 16 years of age or older when
the adoption was finalized and the child reaches the age of 18, the child's participation
in any of the following:
A) the
child is completing secondary education or a program leading to an equivalent
credential;
B) the
child is enrolled in an institution that provides post-secondary education or a
vocational program;
C) the
child is participating in a training program or activity designed to promote,
or remove barriers to, employment;
D) the
child is employed at least 80 hours per month; or
E) the
child is incapable of doing any of the above due to a medical condition.
f) Notification
Requirements by the Department
The Department shall provide
adoptive parents of children adopted with adoption assistance with information
about the Department's post-adoption search and reunion services, including
information about accessing these services, at least once each year until
adoption assistance payments cease. Youth who were adopted with adoption
assistance shall be provided this same information within 30 days after his or
her eighteenth birthday.
g) Periodic Reviews
The Department shall mail an
Annual Notification letter to the adoptive parent or parents, which will
facilitate the adoptive parent's communication with the Department.
h) Termination of Adoption
Assistance
The adoption assistance shall
terminate when the Department has determined that one of the following has
occurred:
1) The terms of the
adoption assistance agreement are fulfilled.
2) The
adoptive parents have requested that the adoption assistance permanently stop.
3) The
adoptive parents are no longer legally or financially responsible for the
child.
4) The child becomes an
emancipated minor.
5) The child marries.
6) The child enlists in
the military.
7) If
the adoption was finalized before July 1, 2017, or the child was under the age
of 16 when the adoption was finalized on or after July 1, 2017:
A) the
child reaches age 18;
B) a
child 18 years of age graduates from high school or equivalent or reaches age
19, whichever occurs first; or
C) a
child who has a physical, mental or emotional disability associated with a
condition or risk factor that existed prior to the finalization of the adoption
and documented prior to the youth's 18
th
birthday reaches age 21.
8) For
children who were were 16 years of age or older when the adoption was finalized
on or after July 1, 2017, the child reaches age 21. Between the ages of 18 and
21, the adoption assistance payments may stop and start based on the child's
compliance with, and the adoptive parent's confirmation of, the requirements
listed in this subsection (h)(8) (failure of the adoptive parent to provide
annual written confirmation will cause the subsidy payment to stop).
A) The
child is completing secondary education or a program leading to an equivalent
credential;
B) The
child is enrolled in an institution that provides post-secondary education or a
vocational program;
C) The
child is participating in a program or activity designed to promote, or remove
barriers to, employment;
D) The
child is employed at least 80 hours per month; or
E) The
child is incapable of doing any of the above due to a medical condition.
9) The adoptive parents
die.
10) The
adoptive parents' parental rights are terminated.
11) The
child dies.
i) Appeal of Department
Decisions
Adoptive parents may appeal the
following Department decisions in accordance with 89 Ill. Adm. Code 337,
Service Appeal Process:
1) The
Department failed to advise the potential adoptive parents about the
availability of adoption assistance to children under the care of the
Department;
2) The
adoptive parents disagree with the Department's determination that a child is
ineligible for adoption assistance;
3) The
Department's denial of Title IV-E adoption assistance eligibility to a child
for whom it does not have placement and care responsibility;
4) Inaction
on the part of the Department on a Title IV-E adoption assistance eligibility
determination request;
5) Adoption
assistance or a specific component of adoption assistance was denied;
6) Relevant
facts regarding the child were known by the Department and were not presented
to the adoptive parents prior to the finalization of the adoption;
7) The
Department denies the adoptive parents request to modify the adoption
assistance agreement; or
8) An
adoption assistance agreement has been amended, suspended or terminated without
the concurrence of the adoptive parent.