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8.2D.5. TITLE IV-E, Adoption Assistance Program, Payments, Termination
Answer
Title IV-E adoption assistance is available on behalf of a child if s/he meets all of the eligibility criteria and the title IV-E agency enters into an adoption assistance agreement with the prospective adoptive parent(s) prior to the finalization of the adoption. The agreement must be signed by all parties to the agreement (namely, the adoptive parents and the title IV-E agency representative) in order to meet the requirements for an adoption assistance agreement.
Once an adoption assistance agreement is signed and in effect, it can be terminated under the following circumstances only. Namely, (1) the child has attained the age of 18 or such greater age that the State or Tribe may elect under section 475(8)(B)(iii) of the Act; (2) the child has attained age of 21 if the title IV-E agency has determined that the child has a mental or physical disability which would warrant continuation of assistance); (3) the title IV-E agency determines that the adoptive parents are no longer legally responsible for support of the child who has not attained 18 years of age; or (4) the title IV-E agency determines that the adoptive parents are no longer providing any support to the child.
Source/Date
ACYF-CB-PA-01-01 (1/23/01)
Legal and Related References
Social Security Act - sections 473(a)(4) and 475(8)(B)(iii); 45 CFR 1356.40(b)
Answer
A parent is considered no longer legally responsible for the support of a child when parental rights have been terminated or when the child becomes an emancipated minor, marries, or enlists in the military.
"Any support" includes various forms of financial support. The title IV-E agency may determine that payments for family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child's special needs, are acceptable forms of financial support. Consequently, the title IV-E agency may continue the adoption assistance subsidy, if it determines that the parent is, in fact, providing some form of financial support to the child.
Source/Date
ACYF-CB-PIQ-98-02 (9/03/98)
Legal and Related References
Social Security Act - section 473(a)(4)(A)
Answer
No. An automatic suspension is, in effect, the equivalent to a termination of the adoption assistance payment and as such is unallowable under section 473(a)(4)(B) if the parent remains legally responsible or is providing any support for the child. However, consistent with section 473(a)(4)(B) of the Act, there may be circumstances in which adoptive parent(s) may be eligible for payments in a different amount. In these instances, a State may re-negotiate the agreement and reduce the payment for the duration of an adopted child's placement in foster care with the concurrence of the adoptive parent.t.
Source/Date
ACYF-CB-PIQ-98-02 (9/03/98)
Legal and Related References
Social Security Act - section 473(a)(4)(B)
Answer
No. Although we understand that the title IV-E agency may experience difficulties in its ability to pay subsidies due to the State or Tribe's budget, such difficulties do not relieve or alter the title IV-E agency's obligation under title IV-E to act in accordance with executed adoption assistance agreements. Accordingly, any statement that undermines the title IV-E agency's obligation to honor the terms of the title IV-E adoption assistance agreement is not consistent with Federal requirements in sections 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act. Once an agreement is signed, the title IV-E agency must obtain the concurrence of the adoptive parent if it wishes to make any changes in the payment amount with one exception. That exception is when there is an across-the-board reduction or increase in the foster care maintenance payment rate. In that circumstance, the title IV-E agency may adjust the adoption assistance payment without the adoptive parent's concurrence.
Source/Date
08/05/08; (03/03/2020)
Legal and Related References
Social Security Act - sections 473(a)(1)(B)(ii), (a)(3), and 479B; CWPM 8.2D4, Q/A #2)