NYS Adoption Subsidy Payment Regulations

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NYS Standards for Adoption Practice, Title 18 NYCRRR, Part 421
Section 421.24 Adoption with Subsidy

 ((c) Payments for the care and maintenance of a handicapped or hard-to-place child.

(1) A social services official must make monthly payments, for the care and maintenance of a handicapped or hard-to-place child, to the person(s) with whom the child has been placed out for adoption or by whom the child has been adopted. Such payments must be applied for either prior to adoption, or subsequent to the adoption if the person(s) adopting the child first became aware of the child's physical or emotional condition or disability subsequent to the adoption and a physician certifies that the condition or disability existed prior to the child's adoption. All applications for adoption subsidies must be made on forms and reviewed according to procedures as may be established by the department.

(2) Such payments must be made as follows:

(i) In the case of a child in the guardianship and custody or the care and custody of a social services official who is being adopted by the foster parent(s) with whom the child has been boarded, such payment must continue as a foster care payment until the date of the court order finalizing the adoption and must be made in accordance with Part 427 of this Title. Monthly payments for the care and maintenance of the child as an adopted child under the provisions of this subdivision must begin on the date of the court order finalizing the adoption.

(ii) In the case of a child in the guardianship and custody or the care and custody of a social services official who is placed with and is to be adopted by parent(s) other than the foster parent(s) with whom the child had been previously boarded and who is otherwise eligible for an adoption subsidy payment, such payment must initially be made as a foster care payment and must be made from the day of placement for adoption to the parent(s) with whom the child is placed, provided such placement does not result in a violation of section 378.3 or 378.4 of the Social Services Law. If the placement would result in a violation of either of such sections, payment must be made as an adoption subsidy payment from the date of placement. A certificate or license to board must be issued to the parent(s) receiving the child for adoption. A completed and approved adoptive home study made pursuant to this Part will be deemed to meet the requirements of Parts 443 and 444 of this Title for the issuance of such certificate or license to board. Foster care payments under this provision must be made in accordance with Part 427 of this Title. Except where the provisions of section 378.3 or 378.4 of the Social Services Law require that adoption subsidy payments be made to the prospective adoptive parent(s) prior to finalization of the adoption, such payments must begin upon the day of the court order finalizing the adoption and must be made in accordance with the provisions of this section.

(iii) In the case of a child in the guardianship and custody of a voluntary authorized agency who is freed for and placed out for adoption, and who is otherwise eligible for an adoption subsidy, an adoption subsidy payment for the care and maintenance of the child will be made from the date the department approves the subsidy agreement submitted for approval if:

(a) an approved home study has been completed; and

(b) a placement agreement has been signed and the child has been placed in the home.

(3) Payments must be made only pursuant to a written agreement between the social services official or agency and the person(s) with whom the child has been placed out for adoption or by whom the child has been adopted. The written agreement must include, but is not limited to, the following:

(i) the date on which the agreement is entered;

(ii) the first name and birthdate of the child for whom the payment is to be made;

(iii) the nature of the child's handicap, if any, indicated both in terms of the diagnosing physician and in lay terms; or

(iv) the condition(s) which make the child hard-to-place, as determined from paragraph (a)(3) of this section; and

(v) the family's annual income, as determined from paragraph (9) of this subdivision;

(vi) the amount to be paid monthly for the care and maintenance of the child, and the board rate upon which the amount of payment is based;

(vii) the provisions contained in paragraph (4) of this subdivision relating to payment when the child is out of the home and/or the custody of the adoptive parent(s);

(viii) the conditions under which the agreement may be modified;

(ix) a provision that whenever applicable board rate increases or whenever a change in the age of an adopted child qualifies such child to receive adoption subsidy payments at an increased rate, the social services official responsible for making adoption subsidy payments will adjust the adoption subsidy payments to reflect such increases; and

(x) such other provisions as the department, the social services official or the adopting parent(s) may agree to.

(4) Where more than one child is placed with the same person(s) for adoption subject to payments for care and maintenance, a separate written agreement must be completed for each child.

(5) The written agreement authorizing monthly payments will remain in effect until the child's 21st birthday. No payments may be made if the social services official determines that the adoptive parents are no longer legally responsible for the support of the child or the child is no longer receiving any support from such parents. Such written agreement must state that it will be the responsibility of the adoptive parent(s) to inform the appropriate State or local official when they are no longer legally responsible for the child or no longer providing any support to the child.

(6) The written agreement shall not be affected by amelioration, remission or cure of the handicapping condition, if any.

(7) The amount of the monthly payment must be determined in accordance with paragraphs (11) and (12) of this subdivision.

(8) The income of the person(s) adopting a handicapped or hard-to-place child shall not be considered by the local social services official in determining whether or not to enter into such an agreement.

(9) Once an agreement to provide a subsidy payment is made, the annual income of the person(s) adopting the child will be considered only for the purpose of determining the amount of the monthly payment to be made, according to the provisions of paragraphs (11) and (12) of this subdivision.

(10) Computation of annual income shall be subject to the following provisions:

(i) Only income earned as wages or salary from employment and/or net income from nonfarm self-employment or net income from farm self-employment as defined in section 404.5(b)(5) of this Title shall be considered in computing annual income. The income of persons other than the adopting parent(s) shall not be considered.

(ii) As evidence of income, a social services official may request wage stubs, or the most recent W-2, or an employer's statement of wages, or, in the case of income other than wages or salary, a copy of the adopting person's latest Federal income tax return.

(iii) When a person adopting is 62 years old or older, or will be subject to mandatory retirement from present employment within five years of the date of adoptive placement, such person's income shall be disregarded in computing annual income.

(11) If the annual income of the person(s) adopting a handicapped or hard-to-place child pursuant to the provisions of this section, as determined by the applicable provisions of paragraph (10) of this subdivision, is equal to or less than the applicable State income standard, the monthly payment for care and maintenance of the adopted child must be 100 percent of the applicable board rate, unless the person(s) adopting voluntarily and, in writing, request and agree to a lower rate.

(12)

(i) If the annual income of the person(s) adopting a handicapped or hard-to-place child pursuant to the provisions of this section, as determined by the applicable provisions of paragraph (10) of this subdivision, is greater than the applicable State income standard, a social services district has two options in determining the amount to be paid for care and maintenance of the child. Unless the person(s) adopting voluntarily and, in writing, request and agree to a lower amount, such amount must be either:

(a) 100 percent of the applicable board rate regardless of the annual income of the person(s) adopting; or

(b) an amount less than 100 percent, but not less than 75 percent, of the applicable board rate, as determined in accordance with the following formula. The social services district must:

(1) calculate the annual income of the person(s) adopting pursuant to the applicable provisions of paragraph (10) of this subdivision;

(2) determine what percentage such annual income is of the applicable State income standard; and

(3) use the following schedule to determine the amount to be paid based on the percentage calculated in subclause (2) of this clause:

ADOPTION SUBSIDY PAYMENTS SCHEDULE

Annual income of person(s) adopting; Amount of adoption subsidy payment

percentage of applicable State income standard

Over 100% but not more than 110% - 95% of Applicable Board Rate

Over 110% but not more than 120% - 90% of Applicable Board Rate

Over 120% but not more than 130% - 85% of Applicable Board Rate

Over 130% but not more than 140% - 80% of Applicable Board Rate

Over 140% - 75% of Applicable Board Rate

(ii) The social services district must use the same option for all subsidized adoptions. If a social services district wishes to change from one option to the other option, the district must inform the department in writing of the intended change at least 30 days prior to the effective date of the change. The district must use the newly selected option in all new subsidy agreements entered into on or after the effective date of the change. Subsidy agreements finalized before the effective date of the change will not be affected by the change.

NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • office@nysccc.org