New York State's Adoption Subsidy Program
NOTE: Peter C. Winkler, CSW, the author of this report, is retired from the New York State Department of Social Services where he spent over ten years administering the adoption subsidy program. The purpose of this paper is to provide New York State-specific, hands-on information regarding subsidy for families who are interested in adopting or have adopted children with special needs. (Readers should be aware that adoption subsidy is sometimes referred to as adoption assistance.)
Q.-Where do I apply for adoption subsidy?
A.-In most cases the application is made at your local county Department of Social Services in their adoption unit. Residents of New York City should contact the Administration for Children's Services or the agency they are working with.
If you experience difficulty you should call the State Adoption Service of the New York State Office of Children and Family Services (OCFS) at 1-800-345-5437. OCFS also employs Regional Adoption Specialists who work out of regional offices in New York City, Albany, Syracuse, Rochester, and Buffalo.
Q.-How do we apply for adoption subsidy?
A.-Application is made by executing an Adoption Subsidy Agreement which is a document several pages in length that provides information on your child's subsidy status and the monthly payments you will receive. The Agreement also indicates whether your child will be Medicaid eligible after the adoption. A separate agreement is needed for each subsidy eligible child that you adopt, and there are multiple copies to be signed for each child.
Q.-How do we know if the child we are adopting is eligible for Subsidy?
A.-In order to qualify for subsidy the child must be placed by an agency and be considered hard-to-place or handicapped. (The definitions for these terms may be found in Section 421.24 of the New York State Department of Social Services Codes, Rules and Regulations. Copies may be requested from the State Adoption Services at the number given above.)
When you adopt a child through an agency the social worker(s) should provide both general and child specific subsidy information. If they do not, you should ask about it.
Q.-When does adoption subsidy become effective?
A.-In most cases the effective date for the subsidy is the date you finalize the child's adoption. (The effective date should be indicated on the last page of the Adoption Subsidy Agreement.) Since the Agreement must be approved at the local and state levels, you should later receive a fully executed copy for your records prior to finalizing the adoption.
Q.-How long is the subsidy in effect?
A.-In New York State subsidy is now provided until the child reaches his/her 21st birthday. Subsidy may be discontinued prior to the child's 21st birthday in certain cases such as the death of the child or placement outside the home. In such cases you should contact the agency which pays the subsidy to inform them of the change in your child's status. Since families are eligible to receive subsidy for a child under 21 years of age who is financially dependent on them, you could continue to receive subsidy for a child who is out of your home, for example, away in college, as long as you contribute to that child's support.
Q.-How is the amount of subsidy determined?
A.-The New York State Department of Social Services sets maximum subsidy payment levels, but the local district (New York City or the county by which the child was placed) determines the actual amounts to be paid. Subsidy rates are usually the same as foster care rates for a particular child. Foster care/subsidy rates paid by each district usually vary according to the age of the child. Children who are designated handicapped may receive a basic rate which is the rate paid for a hard-to-place child, or the payments may be higher if the child has more severe problems and is designated as eligible for the special or exceptional rate. (Section 427.6 of the New York State Department of Social Services Codes, Rules and Regulations contains the definitions for special and exceptional rate eligibility. This material may also be requested from the State Adoption Service.)
Q.-Once the adoption is finalized and we start receiving subsidy does the amount we receive ever change?
A.-Because the adoption subsidy agreement is a legal contract, the terms of the contract may not change and the amount of the subsidy may not be reduced without your agreement. You may request a Fair Hearing if changes are made that you do not agree with.
On the other hand, periodic cost of living increases may be granted. If you have received the same amount of subsidy for several years it would be a good idea to check with the agency from which you receive payment as to whether you are receiving the correct amount of payment. If an increase was granted in the past and your child's subsidy was not increased, you should receive the higher rate as well as a retroactive adjustment in payment.
Q.-What can I do if the subsidy payment seems too low?
A.- If you are in the process of negotiating the subsidy payment and you have not yet signed the Adoption Subsidy Agreement, you should discuss your concerns with your social worker. If you are not satisfied after that discussion, you should contact the supervisor and/or an agency administrator familiar with the subsidy program. Staff of the New York State Department of Social Services are also available to provide information, but you will ultimately have to reach some agreement with the representatives of the agency. In cases that cannot be resolved you may request a Fair Hearing.
Families who have adopted children with subsidy and now believe that their subsidy payment is too low may also be eligible for an increase in the subsidy rate. If the child now exhibits problems which require that the adoptive family provide more supervision or services, the child may be eligible for a special or exceptional rate.
Q.-What if we adopted a child without subsidy and the child is now exhibiting problems?
A.-Children who were placed for adoption by New York agencies without subsidy may be eligible for a subsidy after finalization under certain circumstances. Just as a family may receive a subsidy increase it is also possible that a child who was adopted without subsidy may be subsidy eligible if he/she later exhibits what are called pre-existing problems. The family should contact the placing agency or the New York State Department of Social Services for further clarification of this issue.
Q.-I adopted my child through an approved New York agency, but I was never told about subsidy when I adopted him/her. Is my child subsidy eligible?
A.-Prior to 1990, only foster children adopted from the public child welfare system in New York State were potentially subsidy eligible. In 1990 the law was broadened to include New York born children who were placed by authorized New York State adoption agencies. Your adopted child could be subsidy eligible if he/she was handicapped or "hard-to-place" at the time of the adoption, but you were never offered subsidy. The child could also be eligible based on the previously described pre-existing condition which became evident after the adoption.
Q.-Are there other funds available in addition to subsidy?
A.-Yes, families of children who are subsidy eligible are also eligible for reimbursement of expenses related to the adoption (e.g. legal expenses or the cost of the home study) up to $2,000. Application for these funds must be made prior to the adoption and receipts demonstrating payment for these expenses must be submitted. The placing agency should provide the adoptive family with the Agreement for Non-recurring Adoption Expenses. Reimbursement is provided after the adoption is finalized.
Q.-We live outside New York State, but we adopted New York State children. Are they subsidy eligible?
A.-Such adoptive families are eligible for subsidy and the information provided above is also applicable. (If the child is Title IV E eligible, the family will be able to apply for Medicaid coverage in their home state.) The 800 number for the State Adoption Service (1-800-345-5437) can be reached from throughout the United States.
New
York State Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
09/07/2006