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Child Welfare Manual

Section 4:

Out-of-Home Care

Chapter 30:

Subsidizing an Adoption/Legal Guardianship

Subsection 4:

Child’s Eligibility Criteria for Adoption or Legal Guardianship Subsidy

Effective Date:

March 3, 2011

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§4 ch30: Subsidizing an Adoption/Legal Guardianship

• 30.4  Child’s Eligibility Criteria for Adoption or Legal Guardianship Subsidy

  • 30.4.1 Eligibility Criteria for Adoption Subsidy

    1. The child must be under the age of 18 at the time of adoptive placement.
    2. At the time of planning for adoption or legal guardianship, the child must meet one of the following circumstances:
       1. Be in the custody of the Children’s Division. Children in the care and custody of the Children’s Division are considered special needs, and are in turn automatically eligible for Missouri Adoption Subsidy;

          or

       2. Be in the custody of a child-placing agency licensed in accordance with sections 210.481-210.531 RSMo, the Division of Youth Services (DYS), or the Department of Mental Health (DMH);

          and

          A “child with special needs”: as defined by the characteristics listed below:

          • The child cannot or should not be returned to the home of his/her parents.
          • It has been determined there exists, with respect to the child, a specific factor or condition (such as his/her ethnic background, age, membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance.

            The private agency must document in each child’s case record, as well as on the application/plan, the specific factor(s) that make the child difficult to place and the needs for guardianship subsidy.

          • A single child, who is a member of a sibling group, but is being placed as a single child, must meet the subsidy eligibility criteria as a single child. In accordance with Federal Title IV-E funding, if any child in a sibling group is determined to be IV-E eligible the remaining siblings are also to be found IV-E eligible.
          • That, except where it would be against the best interest of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing subsidy assistance.

            These efforts must be summarized and the summary documentation attached to the application/plan for subsidy.

          • Has a condition (i.e., a state of health or behavior) which results in a guarded prognosis (although the child may appear normal) due to mental illness or retardation, drug usage by, or venereal disease of the parents.
          • Has a history, which includes circumstances such as long-term out-of-home care, incest, or social or genetic complications in the family background.
          • Each special need must be documented on the adoption application/plan and intellectual and/or emotional limitations must be documented through a professional evaluation before subsidy can be approved.  (Reference 13 CSR 40-38.020).
          • Recruitment efforts must have not produced appropriate adoptive parent(s) who could care for the child without the assistance of an adoption subsidy.
          • An adoptive family is not "readily available" meaning a family who is willing to accept the child and appropriate to meet the child's needs without a subsidy.

            If the agency has determined that the child cannot or should not return home, and the child meets the statutory definition of special needs with regard to specific factors or conditions, then the agency can pose the question of whether the prospective adoptive parents are willing to adopt without assistance.  If they say they cannot adopt the child without adoption assistance, the requirement for a reasonable, but unsuccessful effort to place the child without providing adoption assistance has been met.  (As defined in Section 473c of the Social Security Act);

            or

       3. Special needs child placed in Missouri through a private child-placing agency and is Title IV-E.  Missouri is required by federal rule to provide adoption subsidy to these children.

          A Missouri IV-E Eligibility Specialist must determine the fund code eligibility.  It is the responsibility of the private agency to obtain the necessary documentation for the Eligibility Specialist.  If the child is not IV-E eligible, Missouri is not responsible for subsidy coverage.

          or:

       4. Children who have a subsequent adoption because of the dissolution of their adoption or the death of their adoptive parents continue to be eligible for assistance under Title IV-E or Missouri funded subsidy in a subsequent adoption if they were previously eligible.

  • 30.4.2 Eligibility Criteria for Subsidized Guardianship:

    1. The child must be under the age of 18 at the time of guardianship placement.
    2. At the time of planning for guardianship the child must meet one of the following circumstances:
       1. Be in the custody of the Children’s Division: Children in the care and custody of the Children’s Division are considered special needs, and are in turn automatically eligible for Missouri Guardianship Subsidy.

          or

       2. Be in the custody of a child-placing agency licensed in accordance with sections 210.481-210.531 RSMo, the Division of Youth Services (DYS), or the Department of Mental Health (DMH).

          and

          A "child with special needs" as defined by the characteristics listed below:

          • The child cannot or should not be returned to the home of his/her parents.
          • It has been determined there exists, with respect to the child, a specific factor or condition (such as his/her ethnic background, age, membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with guardianship parents without providing guardianship assistance.

            The private agency must document in each child’s case record, as well as on the application/plan, the specific factor(s) that make the child difficult to place and the needs for guardianship subsidy.

          • A single child who is a member of a sibling group, but is being placed as a single child, must meet the subsidy eligibility criteria as a single child. In accordance with Federal Title IV-E funding, if any child in a sibling group is determined to be IV-E eligible the remaining siblings are also to be found IV-E eligible.
          • Children who are eligible for IV-E guardianship are also IV-E eligible in any subsequent replacements for guardianship as a result of a disrupted guardianship placement.
          • Has a condition (i.e., a state of health or behavior) which results in a guarded prognosis (although the child may appear normal) due to mental illness or retardation, drug usage by, or venereal disease of the parents.
          • Is found to be eligible for SSI.
          • Has a history, which includes circumstances such as long-term out-of-home care, incest, or social or genetic complications in the family background.

            Each special need must be documented on the guardianship application/plan and intellectual and/or emotional limitations must be documented through a professional evaluation before guardianship subsidy may be approved.

            or
       3. Children who have a subsequent guardianship because of the dissolution of their guardianship or the death of their guardians continue to be eligible for assistance through Missouri funded subsidy in a subsequent guardianship if they were previously eligible.

    Ineligible Children for Missouri Adoption and Legal Guardianship Subsidy

    The following children are ineligible for Missouri Adoption and Legal Guardianship Subsidy:

    • Children being adopted internationally or children adopted from other states who are not IV-E eligible and in the custody of a private child-placing agency;
    • Children in the custody of Missouri juvenile courts even though they may receive a payment while in other types of out-of-home care;
    • Step-parent adoptions.

    Ineligible Placements for Missouri Adoption and Legal Guardianship Subsidy

    Felony Convictions

    Staff may not approve the adoption or guardianship subsidy application of any person in which a record check has revealed a felony conviction for child abuse or neglect, spousal abuse, a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery was determined by a court of competent jurisdiction.

    Staff may also not approve the application of any person who in the past five years has had a court of competent jurisdiction determine a felony conviction for physical assault, battery, or a drug-related offense.

    For the purpose of this policy, a "felony conviction by a court of competent jurisdiction" is defined as a criminal court conviction for a felony offense as defined by law in the jurisdiction that the offense took place.

    In the unlikely event that it is determined that the best interest of a child would be served by providing subsidy in this placement setting, written approval must be obtained through supervisory lines to the Regional Office. The Regional Office must review the request and, if in agreement, forward with their recommendation to the Deputy Director for Children’s Division for final consideration. Written requests should include a thorough description of the applicant’s situation and why it would be in the child’s best interest for an exception to be granted. If approved by the Deputy Director, IV-E funding may not be used for the adoption subsidy and the Children’s Service Worker will be responsible for notifying the Eligibility Specialist who will ensure that state-only funds are used. Federal funds may not be used for adoption assistance payments if any of the aforementioned conditions exist. It is imperative that in those circumstances the Children’s Service Worker notify the Eligibility Specialist who will enter the correct fund code for state-only funding. (Reference Section 471 (a) (20) (A) of the Social Security Act.)

Chapter Memoranda History: (prior to 1/31/07)

• CS03-33,
• CD04-17,
• CD04-77,
• CD06-79

Memoranda History:

• CD08-17,
• CD09-28,
• CD10-101