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  #1  
Old 08-13-2009, 08:40 AM
Shelly77 Shelly77 is offline
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Title IV-E Assistance? (sorry so long)

Sorry this is so long.....Just looking for advice.

My husband and I are adopting a 9 year old girl from foster care. She is not being adopted with her siblings but we will maintain contact with them on a regular basis in their foster homes. We are VERY excited about this adoption and are just anxious to proceed and get her in our home.

I feel really bad even bringing this up, but I had a question regarding the ability to get assistance from the federal or state government for her. I'm not really concerned as we can absolutely support her, but given that we have missed out on 9 years of the typical "college saving time", it would be nice for her to at least qualify for the state college tuition reimbursement at any state school - should she choose to go there.

I haven't asked our case worker yet. (Part of me is concerned that she'll think this is a show stopper for us or that our decision to adopt would be affected by this ---- it absolutely wouldn't, because we are definitely prepared to adopt her regardless! But another part of me says that if I say it that bluntly, the request to have her considered for this won't be taken seriously). I don't know why I think this but it's there.

So anyway, I have researched on our state's website and found the following (I'm in Texas):

In order for her to get the tuition assistance, she has to have an adoption assistance agreement before she is placed in our home as an adoptive placement. However, they can "delay" assistance, meaning that if they did that we could get the tuition assistance without the state having to spend monthly money with us - which is good

The case file we received indicated that the siblings that are being adopted were not eligible for Title IV-E but it didn't say if our daughter-to-be was eligible.

Below I put some information from our state site but here are my questions:

(1) Should I - and if so when - ask my social worker about the eligibility?
(2) If the answer is no on Title IV-E, should I ask for the forms to request state assistance?
(3) Does anyone in TX have any guidance on similar circumstances that you've been through and the result?


I am tempted to just not say anything because it's not like we need any assistance to take care of her and we could afford to send her to college without the state assistance if we needed to, but the option would certainly help.

Again, sorry so long winded here.


Here's what I found online with our daughter-to-be meeting those in red.
The Title IV-E Eligibility Requirements say:
The following five requirements must be met for a child to be eligible for Title IV-E funded adoption assistance:

* The child must qualify as "special needs," as described below, at the time the adoptive placement agreement is signed.
* Reasonable efforts must be made to place the child without adoption assistance, except when to do so is contrary to the child's best interest. I don't know this.
* The child must be placed for adoption by DFPS, or a private, licensed, non-profit child-placing agency. For both relative and non-relative placements, the adoptive home must meet all of the requirements for approval under licensing minimum standards, including the criminal-records check.
* The child must be in an adoptive placement and meet one of the following four conditions:
(a) The child is eligible for Supplemental Security Income (SSI) benefits, as determined by the Social Security Administration (SSA) during the adoptive placement,
(b) the child is AFDC eligible both in the month that court proceedings began that resulted in the order removing the child from the home and in the month the adoption petition is filed,
(c) the child was determined eligible for Title IV-E foster care assistance both at the time the child entered care and in the month the adoption petition is filed, or
(d) the child lives with a minor parent in foster care, and the child's costs are included in the Title IV-E foster care payments being made on behalf of the minor parent.

Then our State Adoption Assistance Requirements say:
The following six requirements must be met for a child to be eligible for state adoption assistance:

* The child must not be eligible for Title IV-E adoption assistance.
* The child must qualify as "special needs," as described below at the time the adoptive placement agreement is signed.
* Reasonable efforts must have been made to place the child without adoption assistance, except when to do so was contrary to the child's best interest.
* The child must be placed in an approved adoptive placement with DFPS as the child's managing conservator. For both relative and non-relative placements, the adoptive home must meet all of the requirements for approval under licensing minimum standards, including criminal records checks.
* The child's resources must be less than $10,000.
* The adoption assistance agreement must be signed before the adoption is consummated.

I'm not sure if this applies to all states but here the Definition of Special Needs is:

The child must be younger than 18 years old and meet one of the following criteria when the adoptive placement agreement is signed:

*The child is at least six years old;
* the child is at least two years old and a member of a minority group that traditionally has barriers to adoption;
* the child is being adopted with a sibling or to join a sibling; or
* the child has a verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional through a diagnosis that addresses: (a) what the condition is; and (b) that the condition is indeed handicapping.

A reasonable effort must be made to find an adoptive placement without providing adoption assistance, unless doing so is against the child's best interests.
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  #2  
Old 08-13-2009, 11:14 AM
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lovemy6 lovemy6 is offline
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You should be able to get whatever monthly subsidy her present fp's are getting, plus medicaid. TX may have other subsidies available. Check out nacac.org, adoption subsidy, state subsidies, TX. It'll give you a list of what's available to her.
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Old 08-13-2009, 11:35 AM
txwannabemom txwannabemom is offline
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Yes she qualifys for the free tutition at any state U also- when it says the child's resources- it means that the child has no inheritance form a former family that would pay it. She's over six-she's considered "special needs".

Talk to your agency or adoptive worker about the subsidy arrangements. Some times they like to get them signed before placement. If I remeber correctly you've already been choosen for her- soooo ask today!

Tell her exactly what you would like to see happen- your request sounds incrediably reasonable!
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  #4  
Old 08-15-2009, 07:50 AM
Shelly77 Shelly77 is offline
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Thank you both. I finally asked and she didn't at all think it was out of line. I am relieved! I think I worried about nothing.

She said in TX it is negotiated with the county where the child was placed into foster care so at some point I will negotiate with me but she also agrees that what I'm looking for seems reasonable.

She said it will probably be relatively easy to get the state tuition and the medicaid. A monthly subsidy may be possible also but that's really discretionary. Which is fine with me

Thank you both for telling me to just ask. I was just nervous --- guess that's just the "first timer" in me.
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