State Subsidy Contact Person
Michael Jordan
Department of Human Resources (DHR)
50 N. Ripley Street
Montgomery, AL 36130
Phone: 334-242-9500
Fax: 334-242-0939
E-mail: mwjordan@dhr.state.al.us
NACAC Subsidy Representatives (parent/volunteer)
Linda Williams
AL Foster/Adoptive Parent Assn.
109 Dawns Way
Trussville, AL 35173
Cell: 205-837-9900
Office: 888-545-2372
E-Mail: alafapa@aol.com
Buddy Hooper
AL Foster/Adoptive Parent Assn.
1091
County Rd 1659
Cullman,
AL 35058
Phone:
256-796-0582
Fax: 775-667-8282
E-mail: yddub84@aol.com
Adoption subsidies are available for children with special needs. Federal subsidies were created by Congress (through Public Law 96-272—the Adoption Assistance and Child Welfare Act of 1980) to encourage the adoption of special needs children and remove the financial disincentives to adoption for the families. Children may receive a federally funded subsidy under Title IV-E or a state-funded subsidy as per state guidelines. Below we have outlined information related to definitions of special needs, benefits available, and procedures in your state. Profiles for each state’s subsidy program are available on our web site at www.nacac.org. If you have additional questions, please call the North American Council on Adoptable Children (NACAC) at 651-644-3036 or our subsidy help line at 800-470-6665, or e-mail us at adoption.assistance@nacac.org. If you have state-specific questions, please call your State Subsidy Contact Person or the NACAC Subsidy Representative (listed above) for more information.
Adoption
Resources on the Web:
http://www.dhr.state.al.us/page.asp?pageid=464,
Frequently Asked Questions: www.dhr.state.al.us/page.asp?pageid=308,
and Families4ALKids@dhr.state.al.us
Alabama’s state-specific medical assistance links:
http://www.medicaid.alabama.gov/resources/index_resources.aspx?tab=5
Alabama’s adoption assistance links:
Alabama does not have a
specific link to adoption assistance information. See “Who Are Special Needs
Children” at the bottom of the page, link: www.dhr.state.al.us/page.asp?pageid=306
1. What specific factors or conditions
does your State consider to determine that a child cannot be placed with
adoptive parents without providing financial assistance? ("What is your
State definition of special needs?")
A child with special needs is
defined as a child that has at least one of the following needs or
circumstances that may be a barrier to placement or adoption without financial
assistance:
a. Eight years of age or older African American and two years of age
or older
b. Member of a sibling group of three or more children placed at the
same time with the same family
c. Documented mental or physical disability
d. Documented emotional disturbance/problem
e. Documented high risk of developing a mental or physical disability
Note: Children must be in the
permanent custody state of the Alabama Department of Human Resources to be
eligible for adoption assistance. (Title IV-E and state-funded) Children who
are SSI-eligible must be in the permanent custody of the Department of Human
Resources or a licensed child-placing agency.
2. What are the eligibility criteria for the
State-funded adoption assistance program?
In order to be eligible for
state-funded adoption assistance, a child must be a special needs child as
defined above and in the permanent custody of the state of Alabama Department
of Human Resources. (Title IV-E state-funded).
3. The
maximum basic monthly adoption assistance maintenance payment in Alabama is:
Basic rates: Difficulty of care rates:
Age Rate Specialized service fee -
$50/month
0-2 $410 Medically
fragile rate - $1,080/month
3-5 $423
6-12 $434 Therapeutic rate (based on age):
13+ $446
0-2 $1,055
3-5 $1,068
6-12 $1,079
13-18 $1,091
4. Specialized
rates are based on the extraordinary needs of the child, and/or the additional
parenting skill needed to raise the child. If Alabama offers these rates, the
criteria used to define them are as follows:
Difficulty of care considerations:
1. Children who have exceptional physical, mental, emotional, or behavioral needs
2. Children with extreme illness or disabilities requiring nursing care (excluding children in residential treatment facilities)
3. Emotionally
disturbed children requiring therapeutic care
4. Medically
fragile children.
5. Parents
can receive payment or reimbursement for certain nonrecurring adoption expenses
directly related to the finalization of an adoption. Below are the allowed
expenses and the limit per child.
Eligible expenses include attorney fees, court costs, criminal records
clearance, medical and psychological evaluations, supervision of the placement
prior to finalization, transportation costs for placement and pre-placement,
and the reasonable costs of lodging and food for the child and/or adoptive
parents necessary to complete the adoption process.
All families adopting special needs children (including private agency
adoptions, independent adoptions, and intercountry adoptions) are potentially
eligible for reimbursement of nonrecurring expenses. For determining
eligibility, adoptive parents are required to pay for expenses incurred and
provide the Office of Adoption with original receipts in order to claim
reimbursement. In extreme hardship cases, adoptive parents may submit unpaid
attorney fees for direct payment to the Office of Adoption. Payment is made
upon verification of finalization. All claims must be made within two years of
the final adoption decree.
The reimbursement limit is $1,000 per child.
6. What
Medicaid services are available in Alabama?
Services
Available:
• Ambulatory Surgical Centers
• Prenatal Services
• Family Planning
• Transportation
• Home & Community-Based Services
• Nursing Home Care
• Hospice
• Ambulance
• Adult Eye Care
• Laboratory & X-ray
• Renal Dialysis Program
• Doctor—Medicaid will pay for 14 doctor's visits per year that are provided in a doctor's office, in an outpatient setting, or in a nursing home.
• Hospital—Inpatient care: 16 days per year of inpatient care; coverage is for a semi-private hospital room (2, 3, or 4 bed accommodations). Outpatient care: 3 non-emergency outpatient hospital visits each year. Examples of non-emergencies include upset stomach, sore throat, or fever. Medicaid will also pay for emergency outpatient services when an emergency actually exists. Examples of emergencies are broken bones, severe bleeding, and severe shortness of breath. Visits to the hospital on an outpatient basis are unlimited if you go in for surgery, lab work, X-ray services, radiation, or chemotherapy only.
• Health Care Clinics and Centers—Medicaid pays for medical services available at rural health clinics, and community health centers.
• Community Services for Substance Abusers and the Mentally Ill
• Home Health Care—Services for the mentally retarded and developmentally disabled; this program provides services for persons of all ages who are SSI eligible and who have been diagnosed by a doctor to be mentally retarded or developmentally disabled.
• Case Management—Case management services help Medicaid eligible mentally ill or mentally retarded persons, handicapped and foster children up to age 21, pregnant women, and AIDS/HIV positive individuals of any age receive needed services in their community.
• Prescription Drugs—Most Medicaid recipients are required to pay a co-payment for each prescription and refill.
• EPSDT (MediKids)—MediKids examinations (called screenings) may be done up to nine times before the child reaches two years old and once a year after the child's second birthday. MediKids screenings do not count against the child's limit for doctor visits. Hospital care: although it is not part of the MediKids program, in certain hospitals, children under 6 years of age receive unlimited inpatient days. Dental Care: Medicaid will pay for routine dental care for children under 21 years of age through the EPSDT program. A dental check-up every six months is included. Eye care: Children under 21 years of age may be examined every year for eye problems. Hearing: children under 21 years of age may be examined every year for hearing problems. Psychiatric Care: unlimited medically necessary inpatient psychiatric services are provided to children under 21 years of age in certain psychiatric hospitals.
7. Children who have federally funded (Title IV-E) subsidy are automatically eligible for Medicaid benefits. However, it is the state's decision whether state-funded (non-Title IV-E) children are eligible for Medicaid benefits in Alabama. Below is information on the Medicaid benefits available for state-funded children.
Medicaid coverage is granted to all Federal (IV-E) subsidy recipients. Non IV-E eligible children placed for adoption for whom there is in effect a signed approved state adoption subsidy agreement may be determined eligible for Medicaid.
It must be determined that the child cannot be placed for adoption without medical assistance because of the child’s special needs for medical or rehabilitative care. Prior to the execution of the subsidy agreement, the child must have been eligible for Medicaid under the state’s approved Medicaid plan or it must be determined that the child would have been eligible for Medicaid if the standards and methodologies of the Title IV-E foster care program were applied rather than AFDC methodologies.
8. What mental health services are provided by
your State?
Public mental health services
for children in Alabama are administered through the Alabama Medicaid Agency
and include the following examples: mental health services, psychiatric
hospital services, physician services, and prescription drugs. Medicaid pays for medically necessary
services in a psychiatric hospital for children under twenty-one years of age
with prior approval by Medicaid. The
services received from a mental health center do not count against regular
doctor's office visits or other Medicaid covered services. Alabama's Medicaid link: http://www.medicaid.state.al.us/
and District Offices link: http://www.dhr.state.al.us/Counties.asp. See also the Alabama Medicaid Agency’s Programs link: http://www.medicaid.alabama.gov/programs/index_programs.aspx?tab=4
under Mental Health Services.
Note: Not all services may be
available in all cases. Contact your adoption assistance worker or medical
assistance specialist for information regarding process, eligibility,
availability, and duration of services.
9. Does your State provide additional finances
or services for medical or therapeutic needs not covered under your State
medical plan to children receiving adoption assistance?
A
counseling subsidy may be awarded for those children who are receiving services
at the time of adoptive placement from a provider who does not accept
Medicaid. Payment is made at the
Medicaid rate and is for outpatient counseling services only. All financial assistance is subject to
the availability of state funds.
For children who are in need of orthodontia for medical
reasons, it is possible for a medical subsidy to be offered if this
determination has been made prior to the adoptive placement.
Note: Not all services may be
available in all cases. Contact your
adoption assistance worker for information regarding process, eligibility,
availability, and duration of services.
10. What types of post adoption services are
available in your State and how do you find out more about them?
Post adoption services in
Alabama are administered by the Department of Human Resources through contract
with outside agencies. Known as the
Alabama Post Adoption Connections (APAC) program, services are provided through
five offices located throughout the state.
Post-adoption services include the following examples:
1. Information and referral
2. Educational programs
3. Educational materials
4. Support groups
5. Buddy families
6. Resource libraries
7. Scholarships/Camperships
For more information, contact
the Alabama Post Adoption Connection link: http://www.casapac.org or phone:
1.866.803.2722. See also the Alabama
Foster and Adoptive Parent Association (APAC) link: http://www.afapa.org
or phone 1.888.545.2372. Additional
adoption resources link: http://www.dhr.state.al.us.
Note: Not all services may be
available in all cases. Contact your adoption assistance worker or post
adoption services contact for information regarding process, eligibility,
availability, and duration of services.
11. If
the additional assistance (listed above in questions #8 -10) is to cover
specific services (e.g., counseling/mental health services, respite care,
etc.), must these services be explicitly identified in the adoption assistance agreement?
Yes.
12. How
are residential treatment costs covered (if at all) for adoptive families? What
procedures must a family follow to receive these services?
Subsidies may cover outpatient counseling, but not residential treatment.
13. A
deferred adoption assistance agreement is one in which the initial monthly
maintenance amount is $0. Does Alabama offer such agreements?
Alabama offers deferred
adoption assistance. Evidence of
disability is not necessary at the time of placement, but professional
documentation of a high risk of developing a physical, emotional or
psychological disability is necessary.
The high-risk background is based on the documented emotional or
psychological history of the child's biological family.
14. Does
Alabama operate a subsidized guardianship program?
No.
Programmatic Procedures
15. Who
makes the final determination of a child's subsidy eligibility in Alabama? What
roles, if any, do workers and administrators at the county, district, or
regional level play in eligibility determination and/or assistance negotiation?
The State Office of Adoption.
16. Will
Alabama consider my family income to determine my child's eligibility for an
adoption subsidy?
The income of the adopting family is not a factor in determining subsidy. The resources of the family in the form of medical insurance are taken into consideration for a subsidy to cover medical needs as are the resources available in the community (Crippled Children's Services, Mental Health, Vocational Rehabilitation Services, etc.).
17. When
do subsidy payments begin?
Adoption assistance payments
and benefits may begin at adoption placement.
18. Do
children adopted from private agencies in Alabama receive the same subsidies as
those children adopted from public agencies?
Yes.
19. When
my child turns 18, which benefits, if any, are available to our family?
State-funded subsidy may be continued until a child reaches
age 21, provided s/he is in high school or in a specialized training program
for the intellectually impaired, the purpose of which is to aid him/her in
becoming self-supporting.
20. A
child's adoption assistance agreement may be periodically reviewed by the
state. What is the typical process used in Alabama?
When subsidies are for more than one year, adoptive parents
shall present an annual signed certification that the adopted child remains
under care and that the condition(s) that caused the child to be certified
continue to exist. If the child receives a subsidy for medical expenses, a
current evaluation by the attending physician must be presented. Failure on the
part of adoptive parents to complete recertification forms will result in
termination of payments.
21. Can
adoption assistance agreements be modified if requested by adoptive parents?
Adoptive parents can make a
request for a change in the adoption assistance agreement at any time when
there is a change in the circumstances of the family or the needs of the
child. Professional documentation supporting
the requested change is required, when/if appropriate. Requests for change must be in writing to the
Program Manager, Office of Adoption. If an adoptive parent disagrees with a
decision regarding a request for change in the adoption assistance agreement, a
fair hearing can be requested through written notice to the Program Manager,
Office of Adoption. Send requests for change to the following address:
Program Manager
Office of Adoption
50 Ripley Street
Montgomery, AL
36130-4000
22. What are the exact steps a family must go through to access the fair hearing/appeal process in Alabama?
Adoptive parents have the
right to request a fair hearing to review any DHR decision affecting the receipt
of their child's adoption assistance benefits.
After a request for fair hearing is received, it is forward to the state
administrative hearings office. The
hearings office will then send a notice giving the date, time, and place of the
hearing. This notice will be sent at
least ten days before the hearing. The
notice also will explain what to do if parents cannot come to the hearing as
scheduled. Parents may bring witnesses,
friends, relatives, or a lawyer to help present their case. The hearing officer will record the hearing
so that the facts are taken down correct.
The hearing officer will listen to both sides but will not make a
decision at the hearing. Instead, parents
will receive a written decision in the mail, issued by the hearing authority, a
few weeks later. Parents should receive a hearing decision within ninety days
of the hearing request. The written
decision will explain to parents how to ask for an administrative appeal if
they do not agree with the decision rendered.
Send written requests for a fair hearing to the following address:
Marie Youngpeter, Program Manager
Alabama Department of Human
Resources
Office of Adoption
50 North Ripley Street
Montgomery, AL 36130-4000
23. Families
may request a subsidy after the finalization of an adoption under certain
circumstances. Below is the process by which families access a subsidy after
finalization.
A written request is necessary along with any supporting documentation. A letter should be addressed to:
Marie Youngpeter, Program Manager
Office of Adoption
Alabama State Department of Human Resources
50 North Ripley Street
Montgomery, AL 36130-4000
System Operation and Program Funding
24. How
is the subsidy program operated and funded in Alabama?
The program is state supervised/state administered. This means that both policy and eligibility decisions are made by personnel at the state office.
The federal contribution to Title IV-E-eligible children is 69.51% in Alabama. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded entirely by state funds. Local/county governmental units are not responsible for any portion of the state share of IV-E adoption assistance payments.
25. Below
are other programs that may delineate Alabama's adoption assistance program
from others around the country.
N/A
Additional
Information you may want to include in Question 25
(a) Does your state have a state tax credit for adoption? If so, what is the amount? Where can parents
go for more information (phone number or web address)?
(b)
Does
your state offer a College Tuition Waiver or College Scholarship for foster
and/or adopted children? What are the
eligibility criteria? Where can parents
go for more information (phone number or web address)?
(c)
Does
your state have another unique state program that benefits adopted children
with special needs?