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Effective: 12/3/2010

13.45.2 Federal Title IV-E Post Adoption Finalization Adoption Assistance Request

Legal Authority

Introduction

​​​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.​​

Procedure

Documents

Revisions