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Adoption Subsidy FAQ, Page 4

Advocating for Your Child

When does the adoption subsidy end?

Most end when the child turns 18. (Certain disabled children may be able to qualify for Supplemental Security Income (SSI) at age 18 to keep Medicaid in force.) Some states will keep subsidies for certain children active until age 21, but this should be negotiated before the child turns 18.

Once an adoption assistance agreement is signed, it can be terminated at any time by parental request. However, the State may only suspend the contract under three circumstances, according to federal law:

• the child has attained the age of 18 (or 21, in some cases),
• the State determines that the adoptive parents are no longer legally responsible for support of the child, or
• the State determines that the adoptive parents are no longer providing any support to the child.

Subsidies can continue if a child enters residential treatment as long as the parents remain responsible in some way for the child.

How do I prepare for a fair hearing?

Should negotiations break down, a family has the right to a fair hearing at no cost to them. To prepare for a hearing, download or print out the NACAC Fact Sheet on this topic. If your case is complex, NACAC may assign a volunteer to help you prepare. If the hearing officer rules against you, you can appeal the decision. The State will tell you how. Bear in mind that deadlines must be met. The amount of time you have to ask for an appeal is limited by State law.

What if I am uncomfortable with negotiating subsidy?

You are your child's advocate as well as his or her parent. If you do not advocate for your child, no one else will. Children with special needs qualify for these benefits only during childhood, a relatively short period. Certainly, parents have a right to forego adoption assistance, but parents with limited financial resources should not hesitate to negotiate on behalf of their children. Subsidies are not charity. They are your child's entitlement.


Additional Resources:

• Checklist for Adoptive Parents
• How Subsidy Works in Interstate Adoptions & When Families Move

© 2003 Rita Laws and Nancy Ashe. All rights reserved. No part of this material may be reproduced in any form without written consent.

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