Legal Authority/Introduction

LEGAL AUTHORITY:

• 922 KAR 1:060. Federal Title IV-E adoption assistance.

Title IV-E (federal) funds may be available for monthly subsidy if a service appeal, as described in SOP 30.1 Service Appeals, determines that the child was wrongly denied benefits.

Practice Guidance

• If adoptive parents feel they have been inaccurately denied benefits on behalf of an adoptive child, they have the right to a fair hearing. The following constitute grounds for a fair hearing:
• Relevant facts regarding the child were known by the Cabinet or child placing agency and not presented to the adoptive parents prior to the finalization of the adoption;
• Denial of assistance based upon a means test of the adoptive family;
• Adoptive family disagrees with the determination by the Cabinet that a child is ineligible for adoption assistance;
• Failure by the Cabinet to advise potential adoptive parents about the availability of adoption assistance for children in foster care;
• Decrease in the amount of adoption assistance without the concurrence of the adoptive parents; and
• Denial of a request for a change in payment level due to a change in the adoptive parents circumstances.
• In situations where the final fair hearing decision is favorable to the adoptive parents, the Cabinet can reverse the earlier decision to deny benefits under title IV-E.