413-130-0070 Negotiation and Determination of the Monthly Adoption Assistance Payment (1) When adoption assistance is not provided, a pre-adoptive family or adoptive family may enter into an adoption assistance agreement only. (2) The monthly adoption assistance payment: (a) Is determined through discussion and negotiation between the Department and the pre-adoptive family or adoptive family. (b) May not exceed the current foster care base rate payment the child or young adult would be eligible to receive in foster care under OAR 413-090-0010(1)(b) combined with, if applicable, the level of care payment determined by the CANS screening conducted under OAR 413-020-0230 (c) Is negotiated between the pre-adoptive family or adoptive family and the Department, taking into consideration relevant factors which include, but are not limited to: (A) The ordinary and special needs of the child or young adult; (B) The services and goods required to meet the needs of the child or young adult; (C) The cost of the services and goods required to meet the needs of the child or young adult; (D) The circumstances of the pre-adoptive family or adoptive family and their ability to provide the required services and goods for the child or young adult; and (E) The resources available to the pre-adoptive family or adoptive family such as medical coverage, private health insurance, public education, other income sources and community resources. (F) An adoption assistance payment may be reduced when other sources of income are received by the pre-adoptive family or adoptive family or the child or young adult. (d) Is intended to be combined with the resources of the pre-adoptive family or adoptive family to provide for the needs of the child or young adult. (3) When, during negotiation of the adoption assistance payment, the Adoption Assistance and Guardianship Assistance Coordinator and the pre-adoptive family or adoptive family are unable to reach agreement, the Adoption Assistance and Guardianship Assistance Coordinator or the family may request a review by the Adoption Assistance Review Committee. When a review is requested: (a) An Adoption Assistance and Guardianship Assistance Coordinator must: (A) Prepare documentation for the scheduled Adoption Assistance Review Committee; (B) Notify the pre-adoptive family or adoptive family and the assigned caseworkers of the date of the committee; and (C) Attend and participate in the Adoption Assistance Review Committee. (b) The pre-adoptive family or adoptive family may provide written documentation to the Adoption Assistance and Guardianship Assistance Coordinator for the review and consideration by the Adoption Assistance Review Committee. (c) The adoption worker for the pre-adoptive family or adoptive family and the caseworker for the child or young adult may participate in an Adoption Assistance Review Committee meeting and may present information and respond to questions. The workers may not participate in the deliberations of the Adoption Assistance Review Committee. (d) The Adoption Assistance Review Committee members must: (A) Consider written documentation provided by the pre-adoptive family or adoptive family, the adoption worker for the pre-adoptive family or adoptive family, the caseworker for the child or young adult, and the Adoption Assistance and Guardianship Assistance Coordinator. (B) Review materials submitted to the Adoption Assistance Review Committee, deliberate, and make one or more recommendations regarding the adoption assistance payment. (e) At the conclusion of the Adoption Assistance Review Committee, the Adoption Assistance and Guardianship Assistance Coordinator must: (A) Document the recommendations of the Adoption Assistance Review Committee; and (B) Submit the documentation to the Post Adoption Services Program Manager or designee within one business day of the Adoption Assistance Review Committee meeting. (4) The Post Adoption Services Program Manager or designee must complete each of the following actions: (a) Attend the Adoption Assistance Review Committee and ask any clarifying questions, but not participate in the deliberation or recommendation of the Adoption Assistance Review Committee. (b) Review and consider: (A) The materials submitted to the Adoption Assistance Review Committee; (B) The recommendations of the committee; and (C) The information presented by the pre-adoptive family or adoptive family under subsection (4)(b) of this rule. (c) Make a decision within 30 calendar days of receipt of the documentation under paragraph (4)(e)(B) of this rule; and (d) Provide written notification to the pre-adoptive family or adoptive family and the Adoption Assistance and Guardianship Assistance Coordinator within ten business days of the decision. (5) When a pre-adoptive family or adoptive family is not satisfied with the final adoption assistance offer from the Department the pre-adoptive family or adoptive family has the right to a contested case hearing under OAR 413-010-0500 to 413-010-0535. (6) An initial adoption assistance payment begins on a date determined by the Department when all of the following criteria are met: (a) The child is legally free for adoption; (b) Unless the child is in the custody of a pre-adoptive family eligible to apply for adoption assistance under OAR 413-130-0040(5) or the Department has approved an adoptive family to apply for adoption assistance under OAR 413-130-0130 -- the Department, participating tribe, or licensed adoption agency has approved the pre-adoptive family as the adoptive placement; and (c) An adoption assistance agreement has been signed by the pre-adoptive family or adoptive family and by the Department representative. (7) An adoption assistance payment is issued at the end of each month of eligibility. (8) An adoption assistance payment made to a pre-adoptive family or an adoptive family by the Department is inalienable, not assignable or transferable, exempt from execution, levy, attachment, garnishment, and any other legal process under the laws of Oregon. (9) The adoptive family may apply to be the designated payee for any benefit the child or young adult receives if the benefit program allows such application. Statutory/Other Authority: ORS 418.005 & ORS 418.340 Statutes/Other Implemented: ORS 418.005, ORS 418.340, ORS 418.330 & ORS 418.335 History: CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018 CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019 CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 24-2015, f. & cert. ef. 10-26-15 CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 23-2008, f. & cert. ef. 10-1-08 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95