Okla. Admin. Code § 340:75-15-128.5

Current through Vol. 42, No. 6, December 2, 2024

Section 340:75-15-128.5 - Adoption assistance application process

(a)Adoption assistance application process. To apply for adoption assistance, the prospective adoptive parent, child-placing agency, or tribe completes Form 04AN001E, Adoption Assistance Application, for the child and family and submits it to Post-Adoption Services for approval.

(b)Interstate adoptive placements and adoption assistance. The adoption assistance program's provisions in the state where the application is made govern the terms of an adoption assistance agreement including, but not limited to, adoption assistance payment rates.

(1) Federally-funded adoption assistance applications for interstate adoptions are submitted to:

(A) Oklahoma, when the child is in Oklahoma Human Services (OKDHS) or tribal custody, receiving Title IV-E foster care, and placed for adoption in another state;

(B) the other state, when an Oklahoma child is placed by any other entity;

(C) the other state, when a child is placed in Oklahoma by another state's public child welfare agency or a tribal child in Title IV-E foster care of another state; or

(D) Oklahoma, when a child is placed in Oklahoma from another state by any other entity and there is compliance with the provisions of the Interstate Compact on the Placement of Children.

(2) State-funded adoption assistance applications for interstate adoptions are submitted to Oklahoma only when the child is in the legal custody of OKDHS or an Oklahoma tribe at the time of adoption, regardless of the adoptive parent's residence, per Oklahoma Administrative Code (OAC) 340:75-15-128.3.

(3) A child placed in Oklahoma from another state is not eligible for Oklahoma's state-funded adoption assistance.

(c)Adoption assistance determination.

(1) Each Form 04AN002E, Adoption Assistance Agreement, is based on the case and its circumstances and not on predetermined guidelines.

(2) The adoption specialist advises adoptive parents of adoption assistance components including child care, coverage under Title XIX Medicaid, reimbursement of non-recurring adoption expenses, and monthly assistance payments.

(A) When the child is eligible for Title IV-E adoption assistance, the:

(i) payment amount, if any, is agreed to by the adoptive parent and OKDHS.

(I) The adoption specialist considering the circumstances of the adopting parent and the child's needs, negotiates with the adoptive parent to reach an agreement on the adoption assistance amount.

(II) When the parties cannot agree, OKDHS establishes the payment amount;

(ii) payment amount is within the range of adoption assistance rates in OKDHS Appendix C-20, Child Welfare Services Rates Schedule; and

(iii) maximum amount cannot exceed the equivalent of the foster care maintenance payment that would have been paid during the period if the child had been in a foster family home. Therapeutic foster care (TFC) and intensive treatment family care (ITFC)do not constitute a foster family home in the context of adoption assistance rates.

(B) When the child is eligible for state-funded adoption assistance:

(i) OKDHS determines the payment amount within the range of rates in OKDHS Appendix C-20 based on the child's needs and the adoptive family's circumstances; and

(ii) the maximum adoption assistance amount cannot exceed the foster care maintenance payment that would have been paid during the period if the child was in a foster family home. TFC and ITFC do not constitute a foster family home in the context of adoption assistance rates.

(C) Federally-funded or state-funded adoption assistance, may have a zero payment agreement at the time Form 04AN002E is signed.

(i) The zero payment agreement applies, when:

(I) a risk of an emotional disorder or physical or intellectual disability exists, but is not manifested;

(II) no other special factor or condition exists; and

(III) the criteria in OAC 340:75-15-128.4 are met, documenting that the child cannot return home; and reasonable, but unsuccessful, efforts were made to place the child without adoption assistance.

(ii) When documented symptoms of an emotional disorder or physical or intellectual disability manifest, Form 04AN002E may be modified by agreement of the adoptive parent and Post-Adoption Services.

(D) When the child is eligible for a difficulty of care (DOC) rate, the DOC rate is the maximum monthly assistance payment for federally- or state-funded adoption assistance that would have been paid during the same period if the child was in a foster family home.

(E) OKDHS may require updated, supporting documentation from the adoptive parent at any time to determine continuing adoption assistance eligibility.

(F) The OKDHS Director or designee may approve adoption assistance payments on behalf of a child subject to Oklahoma's jurisdiction and residing in another state, up to the maximum foster care reimbursement allowable in the state of residence for regular foster care, per Section 7510-3.2 of Title 10 of the Oklahoma Statutes.

(d)Adoption Assistance Agreement. OKDHS and the adoptive parent sign Form 04AN002E prior to adoption finalization for Title IV-E federally-or state-funded adoption assistance, and non-recurring assistance.

(1) Adoption assistance is approved and the initial agreement signed prior to the child's 18th birthday.

(2) When OKDHS determines the child is eligible for adoption assistance, adoption assistance may commence at the time of adoptive placement or at the time of the adoption finalization.

(e)Adoption disruption.

(1) When a disruption occurs and there is an open line of service, the payment is end-dated for the disruption date on the child that disrupted from the placement.

(2) A closure letter is sent to the family terminating the agreement.

(3) The adoption specialist aubmits a new adoption assistance application for any child remaining in the TA placement. The new application reviews the special factor criteria for the child to determine if he or she continues to meet eligibility to receive adoption assistance benefits.

(4) The adoptive parent signs a new agreement after the application's approval.

(f)Annual adoption assistance reviews. When adoption assistance continues for more than one year, OKDHS:

(1) reviews Form 04AN002E, Adoption Assistance Agreement, annually;

(2) sends Form 04AN014E, Adoption Assistance Annual Review, annually to the adoptive parent to complete and return within the time requirement specified on the form; and

(3) reviews Form 04AN014E to determine if the adoptive parent is fulfilling the Adoption Assistance Agreement terms. The adoptive parent is required to:

(A) inform OKDHS when circumstances occur that make the child:

(i) ineligible for adoption assistance payments; or

(ii) eligible for adoption assistance payments in a different amount; and

(B) provide annual assurance that the child, who has attained the minimum age for compulsory school attendance under state law of the child's state of residence is:

(i) enrolled in elementary or secondary education as determined under the law of the state or other jurisdiction in which the institution is located;

(ii) instructed in elementary or secondary education at home in accordance with a home school law or other jurisdiction in which the home is located;

(iii) in an independent study elementary or secondary education program in accordance with the law of the state or other jurisdiction in which the program is located, administered by the local school or school district; or

(iv) incapable of attending school on a full-time basis due to a documented medical condition supported by regular updates.

(g)State-funded adoption assistance application after adoption finalization. Refer to OAC 340:75-15-128.3 for state-funded adoption assistance application provisions after adoption finalization.

(h)Title IV-E federally-funded adoption assistance application after adoption finalization. Section 1356.40(b)(1) of Title 45 of the Code of Federal Regulations requires that Form 04AN002E is signed and effective at the time of, or prior to, the final adoption decree.

(1)Fair hearing when post adoption assistance benefits are denied. When the adoptive parent, who applied for Title IV-E adoption assistance after adoption finalization, believes benefits on behalf of the adopted child were wrongfully denied, the adoptive parent may request a fair hearing. When a fair hearing determines that the child was wrongfully denied benefits, OKDHS:

(A) determines if the child met all eligibility requirements at the time of the placement in the adoptive home and at finalization of the adoption; and

(B) may reverse the earlier decision to deny benefits.

(2)Post-adoption assistance eligibility. A child is eligible for Title IV-E post-adoption assistance, when:

(A) he or she met all eligibility requirements, per OAC 340:75-15-128.2 and 340:75-15-128.4 at the time of the placement in the adoptive home, and at finalization of the adoption; and

(B) the adoptive parent prevails in a fair hearing and proved a circumstance existed, such as:

(i) relevant facts regarding the child, or the child's background were known, but not presented to the adoptive parent prior to the adoption finalization;

(ii) denial of assistance was based upon a means test of the adoptive parent;

(iii) an adoptive family disagrees with ineligibility determination; or

(iv) OKDHS was required and failed to advise the adoptive parent of the availability of the Title IV-E adoption assistance program.

(3) Post-adoption assistance benefits. Post-adoption assistance benefits are the same as the benefits listed in OAC 340:75-15-128.1.

(4)Post-adoption assistance payments. When OKDHS approves post-adoption assistance payments, the payment period begins on the date of approval, which is either the finalization or placement date. OKDHS considers retroactive payments on a case-by-case basis; however, not for a period exceeding 18 months from the approval date or from the date the initial application for assistance was denied, whichever is less.

(5)Title IV-E or state-funded post-adoption assistance application procedures. The application for Title IV-E post-adoption assistance includes:

(A) a court order documenting the child's removal from the home and that continuation in the home is contrary to the child's welfare;

(B) Form 04AN001E;

(C) Form 04AN038E, Post-Adoption Services Health Benefits Application;

(D) a description of the child's special needs that meet the eligibility criteria;

(E) documentation of the special needs from physician(s), licensed social worker(s), or other professionals, as required; and

(F) criminal background search results.

(6)Title IV-E or state-funded post-adoption assistance application submission and review. The adoptive parent submits the application for Title IV-E and state-funded, post-adoption assistance to Post-Adoption Services. The Adoption Assistance Review Committee reviews the application.

Okla. Admin. Code § 340:75-15-128.5

Added at 18 Ok Reg 3322, eff 6-19-01 (emergency); Added at 19 Ok Reg 419, eff 12-1-01 (emergency) ; Added at 19 Ok Reg 1129, eff 5-13-02; Amended at 20 Ok Reg 302, eff 12-5-02 (emergency); Amended at 20 Ok Reg 738, eff 4-1-03 (emergency); Amended at 20 Ok Reg 2090, eff 6-26-03; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10 ; Amended at 29 Ok Reg 635, eff 6-1-12

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022