13.44 Discontinuance of Adoption Assistance

Legal Authority

Adoption assistance may be discontinued for any of the following reasons:

Eighteen (18); or ¹
Twenty-one (21) if the state determines that the child has a mental or physical disability that warrants continuation of assistance;

The adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
The child is no longer receiving support from the adoptive parents; ²
No adoptive parent who signed the adoption assistance agreement remains living; or
In the event of a new adoption assistance agreement.

When the child reaches age eighteen (18);
If the child is enrolled in school, upon high school graduation or the child's nineteenth (19th) birthday, whichever comes first; ³
Upon the death of the adoptive parents;
The Cabinet determines that the child is no longer receiving support from the adoptive parents;
The Cabinet determines that the adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
Upon the child's death, full-time employment, marriage or military service;
When the child is considered an emancipated minor;
In the event the state legislature fails to appropriate funds to support the adoption assistance program; or
In the event of a new adoption assistance agreement.

Temporary discontinuance of state funded adoption assistance may occur during periods of time in which the adopted child:

Is placed in foster care;
Is placed in a residential treatment facility;
Is placed in a psychiatric residential treatment facility (PRTF);
Is placed in a psychiatric hospitalization exceeding thirty (30) consecutive calendar days;
Is placed in a detention center outside of the home for a period of thirty (30) consecutive calendar days; or
Is absent from the home for a period of thirty (30) consecutive calendar days, unless the child is absent due to medical care or school attendance.

The adoptive parent is responsible for notifying the Cabinet of any circumstances that would cause a change or discontinuance.

The Recruitment and Certification (R&C) worker:

Advises the adoptive family of the discontinuance in writing using the DPP-154A Notice of Intended Action, at least ten (10) calendar days prior to the intended action;
Notes the date and reason for discontinuance;
Sends with the notice the DPP-154 Protection and Permanency Service Appeal informing the family of their right to file a service appeal as outlined in SOP 30.1 Service Appeals;
Completes a new DPP-1258 for those receiving title IV-E adoption assistance to continue to receive adoption assistance through state funds. All required parties sign the new DPP-1258; and
Submits the School Verification Form and updated DPP-1258 to billing specialist and children's benefit worker (CBW). Please refer to SOP 13.46 for additional information.

The adoptive parents request that the school complete an Adoption Subsidy School Verification Form and the adoptive parent then submits the form to the R&C worker.
To determine if the adoptive family meets this criteria, at minimum the following should be considered:

Participating in the child’s treatment;
Face-to-face or SKYPE contact with the child at least monthly;
Phone calls;
Continuing to contribute to child’s daily living needs (such as personal hygiene, or school supplies);
Providing various forms of financial support such as family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child's special needs; and/or
Allowing the child to visit at home as recommended by the child’s treatment team.

The adoptive parent(s) request that the school complete a School Verification Form. The adoptive parent submits the form to the R&C worker. The R&C worker submits the School Verification Form to the billing specialist and CBW. Please refer to SOP 13.46 for additional information.