214 R.I. Code R. 214-RICR-30-00-1.20

Current through November 7, 2024

Section 214-RICR-30-00-1.20 - Adoption

A. Adoption is the preferred permanency option when it is not possible for a child to return to his or her family. The adoptive parent provides the child with the same legal rights and protection as a birth parent. The adoptive parent permanently assumes all parental rights and responsibilities regarding the child.

B. At the eleventh (11th) month, or when adoption becomes the primary service plan goal through the termination of parental rights (TPR) filing, court ordered goal change to adoption, or direct consent is obtained, the child is registered with the state's adoption exchange.

1. When the TPR petition is filed in Family Court, in accordance with the Adoption and Safe Families Act guidelines, the service plan goal for a child changes to adoption and the Department documents efforts to obtain a permanent family.

2. The Department moves toward adoption as expeditiously as possible while continuing to safeguard the rights and address the needs of all parties.

3. When a child is placed with a relative, the Department is obligated to give priority for permanent placement or adoption to that relative if it is in the best interests of the child.

4. The Department determines whether the foster family is a permanent resource family for the adoption of the child. If not, the Department, in collaboration with community adoption resources, identifies a family and initiates a schedule of pre-placement visitation allows the child and the prospective adoptive parent an opportunity to get to know each other prior to placement.

C. A child may be placed with a concurrent home prior to a TPR petition being filed or may be placed with a pre-adoptive resource family after a TPR petition has been filed, even if the child is not legally free for adoption.

D. The Department shares confidential information from Departmental records for the purpose of effectuating the temporary or permanent placement of a child. This provision includes the right to share non-identifying health care information about the child's family, which is contained within Department files, with prospective placements and resources. Caregivers have a right to receive personally identifiable, protected health information about a child who is placed in their home.

E. When a current foster home, kinship home or an adoptive home is identified as a potential permanent family for a child, the Department provides a Pre-Adoption Report of the child to the family at the time of TPR filing. The Pre-Adoptive Report contains relevant information about the child that is reasonably available regarding medical, psychological, educational or other services that have been provided to the child. Relevant non-identifying information concerning the medical, psychological and social history of the child's birth parents and siblings are also shared.

F. An adoption petition may be filed after the child has resided in the pre-adoptive home for six (6) months.

G. Post-adoption privileges may be granted by the Family Court when the birth parent and child have a significant emotional attachment and it is in the best interest of the child to maintain some contact with the birth parent.

1.20.1Adoption Subsidy

A. The adoption subsidy program provides financial and medical assistance to make adoption possible for special needs children awaiting adoption in the custody of the Department or, under certain circumstances, a non-profit, private licensed child-placing agency.

B. Eligibility for the federal adoption assistance program is linked to the previous criteria for eligibility for Aid to Families with Dependent Children (AFDC) and eligibility for Social Security Income (SSI) benefits, except for a child who meets the "applicable child" criteria in accordance with the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. Laws No. 110-351.

C. For the purposes of meeting the requirements of Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. Laws No. 104-193 §401(a), children must meet the definition of "qualified alien" to be eligible for adoption assistance.

D. A child must meet all of the following three (3) requirements to be considered as a child with special needs and to be eligible for federal or state adoption assistance:

1. A determination must be made that it is not in the child's best interest to return home.

2. A specific factor or condition, which could make the child difficult to place in an adoptive family without adoption assistance, must be present or for an applicable child, the child may meet all of the medical or disability requirements for Supplemental Security Income (SSI).

3. Reasonable efforts to place the child without adoption assistance must first be made, except in certain situations when a determination has been made by the Department that it is contrary to the child's best interests to be moved.

E. The Department informs prospective adoptive parent(s) of a special needs child of the possible availability of adoption assistance for an eligible child. The Department negotiates the subsidy provisions with the prospective adoptive parent(s) after the pre-adoption report conference.

F. Post-adoption assistance may include an ongoing financial and medical subsidy and the funding of other expenses such as child care and respite services. The subsidy may involve financial assistance and Title XIX Medicaid coverage, or a medical subsidy only.

G. Adoption assistance is also available for non-recurring expenses, which are onetime expenses, such as reasonable and necessary adoption related fees, court costs, attorney fees and other expenses directly related to the legal adoption of a child with special needs. These fees must be incurred by the adoptive parent, must not be reimbursed from other sources or funds, and must not be incurred in violation of state or federal law.

H. Generally, adoption subsidy payments will terminate when a child reaches the age of eighteen (18). Documentation of a severe preexisting physical, mental or emotional disability or physical condition, which is unlikely to change, and/or age at the time of adoption, are factors that could extend the adoption subsidy to the age of twenty-one (21).

I. A youth who obtains permanency through adoption on or after his or her 16th birthday and before his or her 18th birthday is eligible to continue adoption assistance until the young adult's 21st birthday if he or she meets one or more of the following requirements:

1. Enrolled in an institution that provides post-secondary or vocational education, or completing a secondary education or a program leading to an equivalent credential;

2. Participating in a job training program or an activity designed to promote employment or remove barriers to employment;

3. Employed at least 80 hours per month; or

4. Has a medical condition that prevents the young adult from doing any of the above. The medical condition must be certified by a licensed physician or nurse practitioner and documented in the case plan.

J. The adoption subsidy agreement specifies the requirements listed in §§1.20.1(I) (1) through (4) of this Part above and requires the adoptive parent to certify annually to the Department that the young adult is continuously meeting the above requirements and living in a supervised living arrangement. If the Department does not receive the annual certification, the subsidy is terminated.

K. The adoption subsidy is intended to supplement the resources of the adoptive family and the resources in their community and cannot exceed the amount the child would receive if he/ she was residing in a Department foster home. The amount of the adoption assistance payment is determined through the discussion and negotiation process between the adoptive parent(s) and a representative of the Department based upon the documented needs of the child.

L. The payment that is agreed upon should combine with the resources of the parents to cover the ordinary and special needs of the child. Anticipation and discussion of these needs are part of the negotiation of the amount of the adoption assistance payment. The terms of the adoption assistance agreement must be negotiated and agreed upon by the Department and the prospective adoptive parent(s) prior to the finalization of the adoption. A special needs child eligible for an adoption subsidy in Rhode Island will continue to receive a subsidy if the adoptive family moves to another state after the adoption is finalized.

M. The Department recertifies the adoption assistance agreement every two (2) years. At any time during the life of the agreement, either the Department or the adoptive parent(s) may request an adjustment in the adoption subsidy payment. Some situations that may justify an adjustment to the adoption subsidy payment include:

1. Changes in the federal benefits;

2. A change in the child's documented needs;

3. Placement of the child in out of home care; or

4. Lack of availability of a program or a shortage of state or federal funds.

N. It is the responsibility of the adoptive parent(s) to inform the Department of any changes in circumstances that may affect the adoption subsidy payment, including address changes or if the adoptive parent(s) is no longer supporting the child.

O. If the Department denies the adoptive parent's request for an increase in adoption subsidy or revokes, suspends, reduces, changes or terminates a subsidy payment or service, the adoptive parent has the right to appeal this decision in accordance with the Executive Office of Health and Human Services (EOHHS) appeal procedures.

214 R.I. Code R. 214-RICR-30-00-1.20

Adopted effective 12/27/2018