Adoption
Subsidy

Mississippi State Subsidy Profile

Updated July 2006

State Subsidy Contact Person

Phoebe Clark
Department of Human Services
Family and Children Services
750 North State Street
Jackson, MS 39202
Phone: 601-359-4981
Toll-free: 800-345-6347 (in state)
Toll-free: 800-553-7545 (out of state)
Fax: 601-359-4226
E-Mail: pclark@mdhs.state.ms.us

NACAC Subsidy Representative (parent/volunteer)

Janice Huff
Family Matters of Jackson
2062 Suzanna Drive
Raymond, MS 39154
Home: 601-371-1165
E-mail: lonellandjanice@aol.com

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.mdhs.state.ms.us/fcs_howadopt.html

Mississippi’s state-specific medical assistance links:

http://www.medicaid.state.ms.us

Mississippi’s adoption assistance links:

http://www.mdhs.state.ms.us/fcs_whoare.html

See under the heading, “Most of the children have special needs. They are…” for a description of children eligible for adoption assistance.

1. What specific factors or conditions does your State consider to determine that a child cannot be placed with adoptive parents without providing financial assistance? ("What is your State definition of special needs?")

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:

a.    Six years of age or older

b.   Racial or ethnic factors

c.   Member of a sibling group of two or more children placed together for adoption

d.   Physical disability

e.    Mental disability (IQ of 70 or less)

f.    Developmental disability

g.   Emotional disturbance

h.   Medical condition(s)

i.    History of abuse that puts a child at risk of having special needs

2. What are the eligibility criteria for the State-funded adoption assistance program?          

In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above.

3. The maximum basic monthly adoption assistance maintenance payment in Mississippi is:

Basic Rates:

Note: Children receive the rate they received in foster care or would have received if they had been in foster care.

4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If Mississippi offers these rates, the criteria used to define them are as follows:

Specialized rates are determined based on the special rate established for the child in foster care.  Specialized rates relate to the individual needs of the child.  Decisions are made on a case-by-case basis.  However, to qualify for specialized rates, children must generally have multiple medical needs. Rates are established while the child is in foster care.  If Mississippi offers these rates, the criteria used to define them are as follows:

1. Children who have exceptional physical, mental, or emotional, or behavioral needs;
2. Children with extreme illness or disabilities requiring nursing care (excluding children in residential treatment facilities);
3. Emotionally disturbed children requiring therapeutic care;
4. Medically fragile children.

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.

Only the one-time expenses for which the adoptive parents are responsible are considered nonrecurring. These include: attorney fees, court costs, criminal records clearance, the adoption home study performed by a licensed child-placing agency, costs of amending a birth certificate, required medical and psychological evaluations, transportation costs for placement and pre-placement, and the reasonable costs of lodging and food necessary for the child and adoptive parents to complete the adoption process. Families adopting special needs children through licensed child-placing agencies, independent adoptions, and intercountry adoptions may be eligible for reimbursement of nonrecurring expenses. To be eligible, an adoption assistance agreement must be signed by DHS prior to finalization. Means tests are not permitted, and children need not be IV-E eligible to have access to reimbursement.

The reimbursement limit is $1,000 per child.      

6. What Medicaid services are available in Mississippi?

Services Available:

• Christian Science Sanatoria
• Family Planning
• Laboratory
• Transportation
• Inpatient Hospital Care—up to thirty (30) days of hospital care each fiscal year (July 1 - June 30). Unlimited hospital days will be allowed for children with certain diagnoses or in certain facilities.
• Outpatient Hospital Care—six (6) emergency room visits each fiscal year.
• Nursing Home Care
• Physician Services—twelve (12) visits each fiscal year at doctor's office, rural health clinic, or hospital emergency room.
• Pharmacy Services—five (5) prescriptions per month if the drugs are on Medicaid's approved list of medicine.
• Adult Dental—emergency Dental Extractions, and if necessary, treatment for an acute dental condition; (Fillings, crowns, bridges, and dentures are not covered).
• Home Health—fifty (50) Home Health Visits each fiscal year when ordered by your doctor.
• Adult Eyeglasses—one (1) pair of eyeglasses if needed because of eye surgery.
• Rural Health Clinic—visits to a Rural Health Clinic are included in the twelve (12) visit limit to a physician.
• Child Health—all children and youth under age 21 who are on Medicaid are eligible for Early and Periodic Screening, Diagnostic and Treatment Services (EPSDT).

For more information, call the central state Medicaid office, 601-359-6050.

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 inMississippi.  Below is information on the Medicaid benefits available for state-funded children.

Every child adopted with adoption assistance (state or federal) received a Medicaid card. All children have access to identical medical coverage.

8. What mental health services are provided by your State?

Public mental health services for children in Mississippi are administered by the Office of the Governor, Division of Medicaid (DOM) and include the following examples: inpatient and outpatient hospital, physician services, prescription drugs, psychiatric residential treatment, and inpatient psychiatric care. The DOM: http://www.medicaid.state.ms.us.  The DOM Contact Guide and Services for Medicaid Beneficiaries pages are also available on this site. Or phone the Medicaid Central Office: 601-359-6050.

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?

Mississippi does not offer additional finances or services for medical or therapeutic needs not covered under their state medical plan to children receiving adoption assistance.

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 Mississippi are administered by the DHS Family and Children Services regional offices and through organizations such as the Mississippi Adoption Resource Exchange and Families First Resource Centers. Services include the following examples:

1. Information and referral
2. Educational materials
3. Support groups
4. Therapeutic intervention (limited)
5. Counseling
6. Retreats
7. Respite Care

Contact the local Department of Family and Children’s Services office to access post adoption services. DFCS Regional Directors contact: http://www.mdhs.state.ms.us/fcs_rd.html.  Contact the Adoption Resource Exchange at 601-359-4407 or 800-821-9157.

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?

N/A

12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services?

The Department’s Adoption Assistance Program does not include a provision for the payment of residential treatment.  Families of children through the Department of Human Services who later request residential care are assisted in exploring funding resources for such residential care.

Families in need of residential treatment services must apply through the Medicaid program.  To access services: (1) call the central state Medicaid office (601-359-6050) and ask for the phone number and address of your regional Medicaid office; (2) call the regional office to make a request for residential treatment, set up an appointment, and determine the appropriate steps to take; and (3) bring documentation to the regional office appointment stating the doctor's recommendation for the child to receive residential treatment.

13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does Mississippi offer such agreements?

Yes, Mississippi offers deferred adoption assistance.

14. Does Mississippi operate a subsidized guardianship program?

No.

Programmatic Procedures

15. Who makes the final determination of a child's subsidy eligibility in Mississippi? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation?

The state office Administrator or his/her designee makes final determination.     

16. Will Mississippi consider my family income to determine my child's subsidy package?

The income of the adopting family is not a factor in determining subsidy.  Eligibility for the program is a based on the child’s special needs rather than the adopting family’s income.

17. When do subsidy payments begin?

Adoption assistance payments may begin at adoption placement.

18. Do children adopted from private agencies in Mississippi receive the same subsidies as those children adopted from public agencies?

Federally funded services are available, but very few children qualify for them because the criteria for children in the custody of private agencies is difficult to meet.

19. When my child turns 18, which benefits, if any, are available to our family?

Assistance payments terminate when a child reaches age 18. However, assistance may be provided at state option until the child is 21 if s/he has a mental or physical handicap that warrants continuation or if the child is enrolled full time in high school or an equivalent course of study.

20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in Mississippi?

Adoption assistance agreements are reviewed annually and continued if the family continues to remain legally and financially responsible for the child.

21. Can adoption assistance agreements be modified if requested by adoptive parents?

Adoptive parents may request a change in the adoption assistance agreement at any time.  Parents must submit a written request for change to the DHS Administrator and include current documentation of the child’s special needs. The state office Administrator approves or disapproves any changes in agreements.

22. What are the exact steps a family must go through to access the fair hearing/appeal process in Mississippi?

Requests for fair hearing in Mississippi can be made whenever there is a disagreement regarding an agency action affecting an application for or receipt of adoption assistance.  Adoptive parents must file a written grievance requesting a fair hearing with the Department of Human Services (DHS).  The written request must be sent to DHS within ten working days of the date of the contested agency decision.  Fair hearings are held within sixty calendar days of the receipt of the written request and notices of the proposed hearing shall be sent to all involved parties at least thirty calendar days prior to the fair hearing.

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.

A written request is necessary along with any supporting documentation.  The letter should be addressed to:

Edna Hollie or Bridget Powell, Program Specialists
Department of Human Services
Family and Children’s Services—Adoptions
750 North State Street
Jackson, MS  39202                          
601-359-4996

System Operation and Program Funding

24. How is the subsidy program operated and funded in Mississippi?

The program is state supervised/state administered. This means that both policy and eligibility decisions are made by personnel at the state office.

The federal contribution to Title IV-E-eligible children is 76.00% in Mississippi. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded entirely with state funds.

25. Below are other programs that may differentiate Mississippi's adoption assistance program from others around the country.

Mississippi has a $2,500 state tax credit for adoption.  For more information, contact Ms. Phoebe Clark, 601-359-4981

Mississippi operates a college tuition program.  For more information contact Ms. Vannie Sturgis, 601-359-4407 or vsturgis@mdhs.state.ms.us.