[tlc4kidz]

If anyone went to the hearing, which is probably still going on now, please update us. I was very disappointed that I couldn't be there, but had a conflict with a Dr. appt.

Praying for the kids sake that all goes well.

[lucyjoy]

KC Star article

Posted on Fri, Sep. 09, 2005

Judge acts to save adoption aid for foster children

Law aimed to cut help for foster children

By ALAN BAVLEY

The Kansas City Star


A federal judge in Kansas City issued a preliminary injunction Thursday blocking a new Missouri law that would end monthly support payments to some families who adopt foster children.

U.S. District Judge Scott O. Wright expressed doubts that the law passes constitutional muster.

The Missouri legislature arbitrarily created a means test for deciding which adopted foster children would receive the assistance, Wright said at a court hearing.

“You can’t do that,” he said. “That violates the equal protection clause of the United States Constitution.”

The order comes after a class-action suit filed in August by child welfare advocates on behalf of adopted children who would be affected by the law. The suit accuses Gov. Matt Blunt and the state’s social services director of not protecting the interests of abused and neglected children.

To encourage the adoption of hard-to-place children, Missouri has provided monthly payments to adoptive families that range from $227 to as high as $651 for children with severe behavioral problems.

The assistance, which covers about 12,000 children, has been given regardless of family income. But the legislature, faced with a tight state budget earlier this year, restricted payments to families earning less than 200 percent of the federal poverty level. Enough money was appropriated, however, to cover families up to 250 percent of poverty.

The legislation did not affect adoption subsidies provided through a federal-state program that covers children whose biological parents had low incomes.

About 5,000 adopted foster children in Missouri do not qualify for the federal-state program and receive assistance just from the state, said Jeanette Wiedemeier Bower of the North American Council on Adoptable Children. Up to 1,500 children are threatened with the loss of these payments, she said.

“I think it clearly violates federal adoption policy and good adoption practice,” she testified.

John Antonich of Imperial, Mo., testified that the payments he receives for his 15-year-old adopted son were essential to pay for the intensive tutoring the boy requires to raise his math and reading skills above grade-school level. Antonich said his wife has gone back to work to make up for the payments they would lose if the law takes effect.

Gary Gardner, an assistant state attorney general, said all adopted foster children in Missouri are still eligible for Medicaid and parents still can receive additional financial aid for daycare and medical services not covered by Medicaid.

Wright questioned the criteria the Department of Social Services created for determining which families met the new financial guidelines for the monthly subsidies. Those criteria were missing from the state law.

“It’s so vague. It’s not a valid test,” Wright said. “They (government officials) just pull out of the air whatever they want to…I’m not blaming the department. … It’s the legislature that didn’t do their job.”

Lori Ross of the Midwest Foster Care and Adoption Association said after the hearing that it was clear the judge was disturbed by the issues the attorneys presented.

“(The law) would be devastating to some children, arbitrarily devastating,” she said.

[rindava]

are we okay until this group of kids turns 18?

That isn't true about the day care cost or extra medical care you know.... They are still taking away day care next year for children over 6 and making it really hard to get his year.

[lucyjoy]

If you want better information, the folks at www.mfcaa.org can likely answer your questions. Daycare was not part of my kiddos plans.