Ky.gov
Effective: 12/3/2010

13.45.1 State Funded Post Finalization Adoption Assistance Request

Legal Authority

Introduction

​​​​​​​​​​​​State funds may be available when a finalized adoption (for which adoption assistance has not been previously approved) is near dissolution due to the need for extraordinary medical care, but a monthly subsidy is not an option available in state funded post finalization requests.

Approval is contingent on the following criteria:

  • The child was placed for adoption by the Cabinet; 
  • The child was considered special needs prior to the adoption; 
  • The parents have made a reasonable effort under the circumstances to meet the needs of the child without assistance; and 
  • The child is under eighteen (18) years of age.

Practice Guidance

  • The adoptive parents bear the burden of proving extenuating circumstances and adoption assistance eligibility in a fair hearing. 
  • If the hearing decision supports the complaint, adoption assistance is approved for payment no earlier than the date of the request for fair hearing.​

Procedure

The R&C worker:
  1. Must explore other resources including Medicaid eligibility prior to submitting a post finalization adoption assistance request; 
  2. Contacts the central office (CO) adoption specialist to request that the adoption file be pulled from archives and to discuss the situation; 
  3. Negotiates the assistance request and submits a Post Finalization Adoption Assistance Request Form to the CO adoption specialist through appropriate supervisory channels; 
  4. Attaches supporting documentation to the request form; 1 
  5. Sends the adoptive parent a DPP-154 Protection and Permanency Service Appeal with the denial letter from the Commissioner if the request is not approved. 2
The central office adoption specialist:
  1. Reviews the file to make a preliminary determination of eligibility as well as to determine which funding stream will be accessed; 3 
  2. Notifies the SSW of the initial determination and funding eligibility; 
  3. Reviews the request to verify eligibility and submits it for the Commissioner's approval.

Footnotes

  1. E.g. educational, mental health, medical reports. 
  2. ​​​A request for a service appeal must be filed within thirty (30) days of the determination. E.g., state or IV-E.

Documents

Revisions