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Indiana State Subsidy Profile Updated March 2006 State Subsidy Contact Person NACAC Subsidy Representative (parent/volunteer) Ms. Jaye Domer Dawn Cooper 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. Answers to select questions were made available by the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (AAICAMA) through the Child Welfare Information Gateway (www.childwelfare.gov). 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.in.gov/fssa/adoption/faq.asp Indiana’s state-specific medical assistance links: http://www.in.gov/fssa/healthcare/ Indiana’s adoption assistance links: http://www.in.gov/fssa/adoption/legal.asp. On the page, Legal Issues in Adoption, see the last two full paragraphs at the bottom of the page entitled “Adoption Assistance” and “County Adoption Subsidy.”
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:
2. What are the eligibility criteria for the State-funded adoption assistance program? “State funded” adoption assistance in Indiana is funded through its counties. It is the court that decides if the child is hard to place and whether county adoption assistance should be awarded. When county adoption assistance is petitioned for, the financial information of the adoptive family is provided to the court and is a factor in determining receipt. The judge of the court in which the adoption is finalized has discretion to determine eligibility and the amount of the adoption assistance payment. Adoptive parents and the county FSSA can initiate application, but approval is by the judge in a court order, it is a judicial determination and order. Children must be in the custody of the state of Indiana to be eligible for state-funded (county) adoption assistance. 3. The maximum basic monthly adoption assistance maintenance payment in Indiana is: The amount of an adoption assistance maximum payment is calculated as follows: 75 percent of the maintenance per diem required for the child's substitute care placement is calculated. Each of the 92 counties in Indiana retain the autonomy to establish its foster family rates. Effective 4/1/05 the minimum foster payment is $25 daily, but it can be higher based on the child’s needs. Because of this provision, the foster care rates will vary statewide as will the adoption assistance payment amounts which are based on them. Some counties set their rates according to age categories, but the age ranges will vary also. Some counties have established special needs rates that are used for children who require specialized foster home care. These rates can be used to determine the maximum amount of the adoption assistance payments. 4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Indiana offers these rates, the criteria used to define them are as follows: Again, since counties establish their own rates, there will be variation in the amount of the per diem. Counties also establish their own definition criteria usually expressed in levels of care. 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. Nonrecurring adoption expenses are child-specific and are defined as: reasonable and necessary adoption fees (including costs of the adoption preparation and assessment, health and psychological exams for the adoptive child, and placement supervision fees), reasonable and necessary court and attorney costs, and transportation costs for visits necessary to complete the placement (including mileage, air, bus, or train fare, lodging and food expenses incurred during pre-placement and placement visits). Transportation costs are limited to the adoptive parents and the adoptive child(ren). Also, trips must be more than 50 miles one way. In order to be eligible for reimbursement, parent(s) must complete an application for each special needs child for whom reimbursement is being requested prior to finalization. A direct vendor payment program to attorneys is available in Indiana. International adoptees receive reimbursement for nonrecurring adoption costs provided the child meets program requirements. The reimbursement limit is $1,500 per child per adoption (maximum). 6. What Medicaid services are available in Indiana?
Note: Prior approval is required for some medical services For more information see: 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 inIndiana. Below is information on the Medicaid benefits available for state-funded children. Medicaid is available for state-subsidized (non-IV-E) children, provided there is a documented qualifying medical, physical, mental, or emotional condition or cause of condition that existed at the time of the adoption, and there is in effect an adoption subsidy agreement. Medicaid services provided include the same services available to all eligible Medicaid recipients in Indiana. See question #6 above for a list of services. There must also be a court order for maintenance or health subsidy. Reciprocity is provided for children who receive a non-IV-E adoption subsidy from another state and qualify for Medicaid in another state on the basis of that subsidy. Not all states reciprocate, however. NOTE: Prior approval is required for some Medicaid services. 8. What mental health services are provided by your State? Indiana’s mental health care is administered through the Indiana Family and Social Services Administration, Division of Mental Health and Addiction and its Hoosier Assurance Plan (HAP). Services include the following examples: out patient and inpatient hospital, psychological, inpatient psychiatric care, prescription drugs, and case management. Indiana’s mental health general information and services: http://www.in.gov/fssa/servicemental/ 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? Indiana offers what is known as Adoption Clearance Trust Funds. Depending on availability, county funds can be used to supplement adoption assistance benefits up to 100 percent of the daily rate (per diem) received. 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 Indiana are contracted through outside agencies and include the following examples:
Contact your adoption assistance worker or adoption specialist for referral. Indiana’s regional adoption program contact information: http://www.in.gov/fssa/adoption/offices.asp. Many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate Indiana’s respite programs, link: http://www.respitelocator.org/. 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? If it is necessary for the child to return to residential care and the adoptive parents do not have the resources to cover the cost of care, court intervention will be necessary to facilitate the ability of the county to assume payment responsibility. 13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Indiana offer such agreements? Yes, Indiana offers medical-only adoption assistance agreements or agreements where the monetary amount is zero ($0). The amount of the adoption assistance payment is a negotiable matter and payments can range from zero to the maximum payment. Even with a zero payment, Medicaid is provided to the eligible child and adoption assistance agreements are made with the understanding that dollar amounts can be negotiated upon request by the adoptive parents. 14. Does Indiana operate a subsidized guardianship program? Yes. The program is primarily for children age 13 and over who are placed into relative homes under a guardianship order. The monthly payment is $513 for those who qualify.
15. Who makes the final determination of a child's subsidy eligibility in Indiana? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? Federal IV-E AAP— Eligibility forms are completed and processed by the local office of Family and Children having wardship of the child. For non-wards, local offices in the county of residence are responsible for these determinations. Action is to be taken on all applications for adoption assistance within 45 days from the date of application unless there are unusual or extenuating circumstances. Local offices are responsible for determining eligibility and making assistance benefit payments. 16. Will Indiana consider my family income to determine my child's eligibility for an adoption subsidy? In awarding Title IV-E adoption assistance and county subsidy, family income is not a factor in determining payment amounts. In the negotiation process, the financial resources of the adopting family are considered in terms of the needs of the child. 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin for children receiving federal adoption assistance (IV-E) at adoption placement. For children receiving county funded adoption assistance, assistance begins at the date established in the court order when a petition for adoption has been filed which seeks adoption assistance payment is ordered by the court. 18. Do children adopted from private agencies in Indiana receive the same subsidies as those children adopted from public agencies? Yes, provided the children meet all eligibility requirements. If the local office holds wardship, but has delegated the care and supervision of the child to a private agency, the two agencies mutually discuss the planning for the child. 19. When my child turns 18, which benefits, if any, are available to our family? Federal IV-E AAP—Assistance is terminated when a child reaches 18 (or 21 if it is determined that the child has a medical condition, or mental, physical or emotional disability requiring a continuance of assistance). County Adoption Subsidy Program—Subsidies shall continue until the child reaches 18. However, the court may order a continuance until age 21 if (a) the adoptive child files a petition for the order, and (b) the court determines that the child is enrolled in a secondary school, college or university, or course of vocational training leading to gainful employment. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Indiana? Federal IV-E AAP—Once the initial agreement has been signed by all parties, it shall be renewed on a biennial basis as long as the child remains eligible. The local office shall notify the adoptive parents, in writing, 60 days before the need for renewal. A second notice will be sent by certified mail 20 days before renewal. 21. Can adoption assistance agreements be modified if requested by adoptive parents? Adoptive parents can request a change or adjustment in the adoption assistance agreement at any time after the agreement is signed. Changes are made with the mutual agreement of both the state agency through the local county office and the adoptive parent(s). Parents are directed to contact their adoption assistance worker by phone to request changes or to mail requests to the local county office. A new adoption assistance agreement will be drafted to include approved changes and parents will need to sign the new agreement prior to the change taking effect. If an adoptive parent does not receive the requested change to the adoption assistance agreement, they can seek a fair hearing to dispute the issue. See Question #22 for information regarding fair hearings. Indiana’s regional adoption program contact information: http://www.in.gov/fssa/adoption/offices.asp 22. What are the exact steps a family must go through to access the fair hearing/appeal process in Indiana? All applicants for federal IV-E adoption assistance have the right to request a fair hearing when their application is denied or when action is not taken within forty-five days of the date of application. Parents also have the right to request a fair hearing if agreement cannot be reached on the adoption assistance agreement through the negotiation process with the agency. Notice of the right to a fair hearing is explained in print on the initial assistance application form and written notice is also sent to the adoptive parent(s) when a reduction or termination of payment affecting their child’s assistance is scheduled to occur. Written notice of fair hearing includes an explanation of fair hearing and appeal procedures. Requests must be made in writing within thirty days of the contested action. Send requests for fair hearing to the following address: Hearings and Appeal Section 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. Federal IV-E AAP—Families must make an application for the Adoption Assistance Program. It will be denied because the application was completed after adoption finalization. Families must write a letter to the Department asking for an administrative appeal based on the “extenuating circumstances” provision. Depending on individual circumstances, a subsidy may be granted on appeal. To start the process, families must contact the agency through which the adoption was handled. This is usually the county office of Family and Children that held jurisdiction of the child prior to adoptive placement. County Adoption Subsidy Program—Families must reopen their adoption for consideration of a subsidy for the child. To do this, the family’s attorney would handle the process. System Operation and Program Funding 24. How is the subsidy program operated and funded in Indiana? The program is state supervised/state administered. In part, this means that supervision of the adoption program has been delegated to county offices, with training and technical assistance provided by the state central office. The federal contribution to Title IV-E eligible children is 62.98% in Indiana. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded with county and state funding using the Federal Medical Assistance Participation formula. 25. Below are other programs that may differentiate Indiana's adoption assistance program from others around the country. None.
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North American Council on Adoptable Children (NACAC)
970 Raymond Avenue, Suite 106
St. Paul, MN 55114
phone: 651-644-3036
fax: 651-644-9848
e-mail: info@nacac.org
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