reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0080 - Are there other factors affecting a child's eligibility for adoption support?

Current through Register Vol. 24-14, July 15, 2024
(1) A child is
			 not eligible for adoption support program services and payments if the adopting
			 parent is the birth parent or current stepparent of the child.
(2) The department must not use the adoptive
			 parents' income as a basis for determining the child's eligibility for the
			 adoption support program, however, the department must consider income and
			 other financial circumstances of the adopting family as one factor in
			 determining the amount of any adoption support cash payments to be
			 made.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0155,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0155,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0155,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0090 - How does a prospective adoptive parent apply for adoption support?

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant
			 may apply through the public or private agency social worker of the child to be
			 adopted, if the child is in the custody of the department. The social worker
			 will:
(a) Register the child with the
			 adoption support program; and
(b)
			 Submit the applicant's completed program application along with a completed
			 worksheet used to assist the family and the department in negotiating the
			 amount of any monthly cash payment.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0100 - What requirements apply to an application for ongoing adoption support?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 application must include a copy of the child's medical and family background
			 report signed by the adoptive parent(s) (DCYF 13-041). It must also include
			 copies of department records or medical or therapist reports that document the
			 child's physical, mental, developmental, cognitive, or emotional disability, or
			 risk of any such disability.
(2)
			 The applicant must include a copy of a preplacement report or home study
			 completed by the department, an agency, or an individual approved by the court
			 (see RCW
			   26.33.190(1)).
(3) If the applicant is requesting a monthly
			 cash payment, the applicant and the department must mutually agree to the
			 amount of the payment according to the requirements of WAC
			 110-80-0220.
(4) If the applicant is requesting
			 reimbursement of nonrecurring costs, the applicant must include this request in
			 the application. (See WAC
			 110-80-0430
			 and
			 110-80-0440
			 for the type and amount of expenses the department may reimburse.)
(5) The applicant must furnish a copy of the
			 applicant's most recently filed federal income tax return. If the applicant is
			 not required to file a federal income tax return, the applicant must submit a
			 financial statement with the applicant's adoption support
			 application.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0165,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0165,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0165,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0110 - What is the nature and purpose of an adoption support agreement?

Current through Register Vol. 24-14, July 15, 2024
The adoption support agreement is a binding contract between
				the adoptive parent(s) and the department that identifies the terms and
				conditions that both parties must follow.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0170,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0120 - What must be included in an adoption support agreement?

Current through Register Vol. 24-14, July 15, 2024
The adoption support agreement must:
(1) State the amount of any cash payments the
			 department must make to the adoptive parent(s) on behalf of the
			 child;
(2) State that the child is
			 eligible for medical assistance through medicaid;
(3) State that participation in the adoption
			 support program will continue, as long as the child is eligible, regardless of
			 where the adoptive family resides;
(4) State that a change in the adoptive
			 family's circumstances or the child's needs may warrant further renegotiation
			 and adjustment of the payment as mutually agreed to by the adoptive parents and
			 the department;
(5) State the basis
			 for termination or suspension of benefits under the agreement; and
(6) Include information that a youth adopted
			 after age fourteen may have continued eligibility in the college bound
			 scholarship program.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0175,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0175,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0175,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0130 - When must the adoption support agreement be signed?

Current through Register Vol. 24-14, July 15, 2024
The adoption support agreement must be signed by all parties
				before the final adoption decree is issued.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0178,
				  filed 6/21/18, effective 7/22/18.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0140 - If the adoptive family resides in or moves to another state, how is the child's participation in the adoption support program affected?

Current through Register Vol. 24-14, July 15, 2024
If the adoptive family resides in or moves to another state the
				child's participation in the adoption support program is affected as
				follows:
(1) Washington state remains
			 responsible for any monthly cash payments made to the adoptive parent(s) on
			 behalf of the child or any non-medicaid counseling that has been preauthorized
			 by the adoption support program.
(2) If the child is not eligible for the
			 Title IV-E adoption support program, medical benefits (Title XIX medicaid)
			 remain the responsibility of Washington state until the child becomes eligible
			 for the resident state's Title XIX program.
(3) If the child is eligible for Title IV-E
			 adoption support, medical benefits (Title XIX medicaid benefits) become the
			 responsibility of the resident state.
(4) Medicaid benefits included in Washington
			 state's medicaid plan, but not included in the resident state's plan, remain
			 the responsibility of Washington state and subject to Washington state's plan
			 limits and requirements.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020 and
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0180,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0180,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0150 - When does the adoption support agreement become effective?

Current through Register Vol. 24-14, July 15, 2024
The adoption support agreement takes effect on the day the
				adoption is finalized unless an agreement for earlier implementation of the
				agreement has been agreed to by all parties.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020 and
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0185,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0185,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0160 - When will department-funded foster care and foster day care payments end?

Current through Register Vol. 24-14, July 15, 2024
(1) Foster care
			 payments are paid after the month of service. Adoption support payments are
			 paid prior to the month.
(2) If the
			 adoptive parent(s) receives department-funded foster care and foster care child
			 care for the child to be adopted, the department's social worker assigned to
			 the child will terminate that coverage on the day prior to the date the early
			 implementation adoption support agreement was signed, or the day prior to the
			 finalization of the adoption.
(3)
			 If the adoptive parent is adopting a relative child and has been receiving
			 funding through TANF the adoptive parent must notify the community services
			 office financial services specialist that payment has been initiated through
			 the adoption support program. The adoptive parent may not receive both the TANF
			 grant and adoption support payments for the same month for the same
			 child.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0190,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0190,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0190,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0170 - When may the terms of the adoption support agreement be modified?

Current through Register Vol. 24-14, July 15, 2024
The terms of an adoption support agreement may be changed or
				modified only if both the adoptive parent(s) and the department agree to the
				modification. The department will consider a modification when:
(1) Requested by the adoptive
			 parent(s);
(2) In the view of the
			 department, it appears that specific circumstances warrant renegotiation and
			 adjustment of monthly cash payment;
(3) The child is placed outside of the
			 adoptive parents' home at department expense; or
(4) The adoptive parent has agreed to an
			 automatic reduction clause in the agreement and the clause states that, based
			 on the anticipated reduction in the needs of the child (for child care for
			 example), the amount will be reduced on a specific date.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0200,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0200,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0200,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0180 - Does the adoptive parent need to let the department know if the family's circumstances change?

Current through Register Vol. 24-14, July 15, 2024
The adoptive parent must inform the department's adoption
				support program of circumstances that might affect the child's eligibility for
				adoption assistance benefits, might result in an overpayment or missed payment,
				or might lead to modification of the agreement. Such changes include but are
				not limited to a:
(1) Significant
			 change in the child's condition;
(2) Change in the marital status of the
			 adoptive parent(s);
(3) Change in
			 the legal or physical custody of the child; or
(4) Change in the adoptive family's mailing
			 address.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0205,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0205,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0190 - Under what circumstances are benefits under the adoption support agreement suspended?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 monthly cash payment may be suspended if:
(a)
			 The department cannot establish that the:
(i)
			 Parents are legally responsible for the support of the child; or
(ii) Child is receiving any support from the
			 parents; and
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0200 - Under what circumstances would the adoption support agreement be terminated?

Current through Register Vol. 24-14, July 15, 2024
The adoption support agreement is terminated according to the
				terms of the agreement or if any one of the following events occurs:
(1) The child reaches eighteen years of age,
			 unless:
(a) The child was adopted at age
			 sixteen or older and meets the requirements of an eligible category for the
			 extended foster care program as described in
			 RCW
			   74.13.031(11). In such
			 cases, the department may extend the terms of the adoption support agreement so
			 long as the child continues to fall within an eligible category and the
			 adoptive parent continues to provide ongoing financial support or the youth
			 turns twenty-one, whichever occurs first. Under no circumstances may the
			 department extend the agreement beyond the child's twenty-first
			 birthday.
(b) The child was adopted
			 prior to age sixteen and is attending high school full time in a curriculum
			 leading to a high school diploma or is attending an instructional program
			 leading to a GED or high school equivalency certificate (HSEC) and continues to
			 receive financial support from the adoptive parent(s), the department may
			 extend the terms of the adoption support agreement until the child completes
			 high school or achieves a HSEC. Under no circumstances may the department
			 extend the agreement beyond the child's twenty first birthday.
(c) Adoption support benefits will
			 automatically stop on the child's eighteenth birthday unless the parent(s)
			 requests continuation per this rule and have provided documentation of the
			 child's continuation in school or other qualifying program. To prevent
			 disruption in services the parent should contact the adoption support program
			 at least ninety days prior to the child's eighteenth birthday if continued
			 services are to be requested.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0210 - What benefits are available to adoptive parents through the adoption support program?

Current through Register Vol. 24-14, July 15, 2024
The adoption support program provides:
(1) Reimbursement for nonrecurring adoption
			 finalization costs;
(2) Monthly
			 cash payments, as negotiated by the parties;
(3) Payment for counseling services as
			 preauthorized which are not available from the state's medicaid mental health
			 services (see WAC
			 110-80-0240
			 for conditions and terms); and
(4)
			 Medical assistance through the department's medic-aid program.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020 and
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0215,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.031,
				  2002 c 371 § 202(8),  42 U.S.C. 671-675. WSR 04-06-024, §
										388-27-0215,
				  filed 2/23/04, effective 3/25/04. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0215,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0220 - What factors affect the amount of the monthly adoption support payments an adoptive parent receives?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 amount of the adoption support monthly cash payment is determined through the
			 discussion and negotiation process between the adoptive parents and
			 representatives of the department based upon the needs of the child and the
			 circumstances of the family. The payment that is agreed upon should combine
			 with the parents' resources to cover the ordinary and special needs of the
			 child projected over an extended period of time. Anticipation and discussion of
			 these needs are part of the negotiation of the amount of the adoption
			 assistance payment.
(2) Family
			 circumstances to be considered include:
(a)
			 Size, including the adopted child;
(b) Normal living expenses, including
			 education and childcare expenses;
(c) Exceptional circumstances of any family
			 member;
(d) Income;
(e) Resources and savings plans;
(f) Medical care and hospitalization
			 needs;
(g) Ability to purchase or
			 otherwise obtain medical care; and
(h) Additional miscellaneous expenses related
			 to the adopted child.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0230 - What specific department requirements apply to medical services?

Current through Register Vol. 24-14, July 15, 2024
While an adoption support agreement remains in effect, medical
				assistance for the child is provided through the department's medicaid program
				and the medicaid program requirements apply.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40 and
				  RCW
				  74.13A.025. WSR 18-14-008, §
										388-27-0250,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0250,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0240 - What specific department requirements apply to outpatient counseling or mental health services not covered by medicaid?

Current through Register Vol. 24-14, July 15, 2024
(1) The department's adoption support program
			 directly pays for a child's counseling or mental health services, when the
			 following conditions apply:
(a) The adoptive
			 parent must obtain written authorization from the department's adoption support
			 program before the service is rendered;
(b) The adoptive parent must explain why
			 these services are not available through the medicaid provider network or
			 through private insurance;
(c) The
			 adoptive parents' primary health care coverage must be billed prior to billing
			 the department's adoption support program;
(d) The department will pay the adoption
			 support program's preauthorized rate minus any payment made by the primary (and
			 other) insurer;
(e) The department
			 may grant verbal authorization for no more than three counseling sessions prior
			 to providing the required written authorization; and
(f) The child's therapist or other treatment
			 provider must submit a written treatment plan prior to authorization for
			 continued treatment.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0250 - If the adoptive parent requests residential placement services for their adopted child, what department requirements apply?

Current through Register Vol. 24-14, July 15, 2024
(1) The adoption support program is not able
			 to pay for residential treatment placements of children who are not in
			 department custody. See
			 RCW
			   74.13.080 and WAC
			 110-60-0050.
(2) If the adoptive parent is in need of
			 residential treatment services for a child, the department will make the
			 following referrals:
(a) For treatment of a
			 mental illness, the department will refer the family to the local mental health
			 treatment provider;
(b) If the
			 child has been diagnosed with a physical, mental, developmental, cognitive, or
			 emotional disability, the department will refer the family to the developmental
			 disabilities administration (DDA) to determine whether the child is eligible
			 for services; or
(c) For reasons
			 other than treatment of mental illness or developmental disabilities, the
			 department will refer the adoptive parent to child welfare services at the
			 local department of children, youth, and families (DCYF) office.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0260 - What are the consequences of an adopted child being placed in foster care?

Current through Register Vol. 24-14, July 15, 2024
The department may review the adoption support agreement and
				may renegotiate the amount of any cash payments to the adoptive parent during
				the child's out-of-home placement.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0265,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0265,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0270 - What process applies to a request for modification of a support agreement?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 adoptive parent may request an opportunity to negotiate a modification of the
			 adoption support agreement's monthly cash payment provision if there is a
			 change in the needs of the child or in the circumstances of the family. The
			 request must be in writing.
(2) The
			 adoption support program must initiate a review of the adoption support
			 agreement no later than thirty days after receiving the adoptive parent's
			 request for modification of the agreement.
(3) The adoptive parent must provide
			 supporting documentation when requested by the department.
(4) The department may request a copy of the
			 adoptive parents' most recently filed federal tax return. If not required to
			 file a federal tax return the adoptive parent(s) must submit a financial
			 statement when requested by the department.
(5) The adoptive parent may request that the
			 child's medical provider complete an early periodic screening, diagnosis, and
			 treatment (EPSDT) examination and submit a report of the results to the
			 adoption support program.
(6) The
			 adoptive parent and the department will negotiate in an attempt to reach
			 agreement on the request for modification.
(7) If the parties modify the terms of the
			 agreement, the adoptive parent and the department must sign a new
			 agreement.
(8) If the agreement is
			 modified, the changes in the terms of the agreement will be retroactive to the
			 first day of the month in which the department received the written
			 request.
(9) If an agreement cannot
			 be reached, the department will deny the request for modification and must
			 provide the adoptive parent with written notice of the denial and of the right
			 to appeal.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0295,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0295,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0280 - May an adoptive parent apply for adoption support services after the adoption has been finalized?

Current through Register Vol. 24-14, July 15, 2024
Federal laws and rules require that a prospective adoptive
				parent must apply for adoption assistance prior to adopting a special needs
				child and that the prospective adoptive parent must have a valid adoption
				support agreement, signed by all parties, before the adoption is
				finalized.
However, the federal government recognizes that in some
				situations there may have been extenuating circumstances that prevented the
				eligible child from being placed on the adoption support program prior to
				adoption.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020 and
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0305,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0305,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0290 - If a child met federal Title IV-E eligibility for adoption assistance before the adoption, but was not placed on the adoption support program, what may the adoptive parent do after adoption finalization to obtain adoption support services for the adopted child?

Current through Register Vol. 24-14, July 15, 2024
For a child who met the Title IV-E eligibility criteria for
				adoption assistance prior to adoption, federal rules allow for a possible
				finding of extenuating circumstances through an administrative hearing process.
				In these situations, the adoptive parent must apply for adoption support. The
				department will deny the application and the adoptive parent may then request a
				review by an administrative law judge or a review judge to determine if
				extenuating circumstances exist that justify the department's post-adoption
				agreement to provide adoption support services to a special needs
				child.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0310,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0310,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0300 - What constitutes "extenuating circumstances"?

Current through Register Vol. 24-14, July 15, 2024
An administrative law judge or a review judge may make a
				finding of extenuating circumstances if one or more of the following situations
				exist:
(1) Relevant facts regarding
			 the child, the biological family or child's background were known by the agency
			 placing the child for adoption and not presented to the adoptive parents prior
			 to the legalization of the adoption;
(2) The department denied adoption assistance
			 based upon a means test of the adoptive family;
(3) Erroneous determination or advice by the
			 department or private child placing agency that a child is ineligible for
			 adoption assistance; or
(4) Failure
			 by the placing agency to advise adoptive parents of the availability of
			 adoption assistance.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0315,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0310 - What is the effective date of an adoption support agreement that results from a finding of extenuating circumstances?

Current through Register Vol. 24-14, July 15, 2024
A support agreement entered into as a result of a finding of
				extenuating circumstances may not be effective before the date the department
				received the written request for participation in the adoption support program
				from the adoptive parent. Under no circumstances may the department back date
				an adoption support agreement more than two years from the date of an order of
				an administrative law judge or review judge authorizing the department to enter
				an adoption support agreement after finalization of the
				adoption.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0320,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0320,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0320 - If a child did not meet federal Title IV-E eligibility for adoption assistance before the adoption, may the child qualify for adoption support after adoption finalization?

Current through Register Vol. 24-14, July 15, 2024
For children ineligible for federal Title IV-E Adoption
				Assistance, the department may provide limited support through the state-funded
				adoption support reconsideration program, when the program is funded by the
				legislature.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0325,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0325,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0330 - What is the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
(1) When funded by the legislature, the
			 adoption support reconsideration program allows the department to register an
			 eligible adopted child for limited state-funded support (see RCW   74.13.150).
(2) The reconsideration program
			 provides for payment of medical and counseling services to address the
			 physical, mental, developmental, cognitive, or emotional disability of the
			 child that resulted in the child's eligibility for the program. Payments are
			 made directly to the provider, not to the adoptive parents.
(3) The adoptive parents' basic health
			 insurance must provide primary coverage and must be used before billing the
			 reconsideration program. The adoption support reconsideration program must be
			 the secondary insurer.
(4) There is
			 a twenty thousand dollar per child lifetime cap on this program.
(5) The program requires the adoptive parent
			 and the department to sign an adoption support reconsideration agreement
			 specifying the terms, conditions, and length of time the child will receive
			 limited support.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0330,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0330,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0340 - How does a child qualify for the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
To be eligible for the adoption support reconsideration
				program, a child must:
(1) Have
			 resided, immediately prior to adoption finalization, in a department funded
			 pre-adoptive placement or in department funded foster care;
(2) Have a physical or mental disability or
			 emotional disturbance that existed and was documented before adoption or was at
			 high risk for future physical or mental disability or emotional disturbance due
			 to conditions the child was exposed to before adoption;
(3) Reside in Washington state with an
			 adoptive parent who lacks the financial resources to care for the child's
			 special needs; and
(4) Be covered
			 by a primary basic health insurance program.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0335,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0335,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0350 - How does an adoptive parent apply for the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
The adoptive parent must complete an application for adoption
				support reconsideration and attach:
(1) A written cost estimate of the child's
			 proposed corrective-rehabilitative services;
(2) A current medical evaluation of the child
			 including the cause(s) of the condition requiring corrective-rehabilitative
			 services;
(3) A written statement
			 explaining the child's current medical and counseling needs;
(4) A written statement giving the department
			 permission to request and review pre-adoption information held by the adoption
			 agency facilitating the child's adoption; and
(5) A copy of the adoptive parents' most
			 recently filed federal income tax return.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0340,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0340,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0360 - What types of services does the department provide through the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
The reconsideration program provides some support for
				counseling and medical services needed to treat the child's qualifying
				condition.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0345,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0370 - What department requirements apply to adoption support reconsideration services?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department must authorize, in writing, any services paid by the adoption
			 support reconsideration program before the services are provided.
(2) The department must base the authorized
			 level of service on the child's needs and must limit the level of service to
			 established program rates.
(3) The
			 department must limit medical services to those services that would be
			 available to the child if the child were eligible for medicaid
			 coverage.
(4) The department must
			 make no cash payments to the family.
(5) The department must make payment directly
			 to the provider of the authorized service.
(6) The adoptive parents' basic health
			 insurance must provide primary coverage and must be used before billing the
			 reconsideration program. The adoption support reconsideration program must be
			 the secondary insurer.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0350,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0380 - Under what conditions or circumstances would a child become ineligible for the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility for adoption support
			 reconsideration services ends according to the terms of the adoption support
			 reconsideration agreement or when the child:
(a) Reaches eighteen years of age;
(b) Is eligible for the federal Title IV-E
			 adoption assistance program and has been placed on that program;
(c) Has received twenty thousand dollars in
			 department paid medical, dental, and/or counseling services; or
(d) Is no longer the financial responsibility
			 of the adoptive parent(s).
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0390 - What happens if the state no longer funds the adoption support reconsideration program?

Current through Register Vol. 24-14, July 15, 2024
If the department no longer has funds available for the
				program, a child's participation in the program will cease. The department will
				terminate the adoption support reconsideration agreement.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0360,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0400 - Does an adoptive parent have the right to appeal department decisions regarding adoption support issues?

Current through Register Vol. 24-14, July 15, 2024
(1) An adoptive parent has the right to an
			 administrative hearing to contest the following department actions:
(a) Denial of a child's initial eligibility
			 for the adoption support program or the adoption support reconsideration
			 program;
(b) Failure to respond
			 with reasonable promptness to a written application or request for
			 services;
(c) Denial of a written
			 request to modify the level of payment or service in the agreement;
(d) Delay of more than 30 calendar days when
			 responding to a written request for modification of the agreement;
(e) Denial of a request for nonrecurring
			 adoption expenses;
(f) Suspension
			 of adoption support benefits; or
(g) Termination from the program.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0410 - What information about adoption support agreements may be used in an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
Adoption and adoption support files are confidential, and
				information contained in those files may not be disclosed without the consent
				of the person who is the subject of the file. By requesting an administrative
				hearing to challenge a department decision relating to adoption support the
				adoptive parent is agreeing that the department may release factual information
				about the case during the course of the proceedings. Actions taken by the
				department and decisions by administrative law judges or review judges in
				adoption support cases which do not directly involve the case being heard may
				not be cited or relied on in any administrative proceeding (RCW
				  26.33.340 and
				74.04.060).
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020 and
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0370,
				  filed 6/21/18, effective 7/22/18. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0370,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0420 - Will the department reimburse an adoptive parent for nonrecurring adoption expenses?

Current through Register Vol. 24-14, July 15, 2024
The department has authority to agree to reimburse some or all
				of an adoptive parent's nonrecurring adoption expenses if:
(1) The child has a qualifying factor or
			 condition identified in WAC
			 110-80-0050(1);
(2) Washington state has determined that the
			 child cannot or should not be returned to the home of the child's biological
			 parent;
(3) Except where it would
			 be against the best interest of the child, the department or a public or
			 private nonprofit child placing agency has made a reasonable but unsuccessful
			 effort to place the child with appropriate adoptive parents without the benefit
			 of adoption assistance; and
(4) The
			 child has been placed for adoption according to applicable state or tribal
			 laws.
Statutory Authority:  42 U.S.C. §
											671-675,
				  RCW
				    26.33.340,
				  74.13A.020,
				  74.13A.030,
				  74.13A.040,
				  74.13A.045,
				  74.13A.047,
				  74.13A.060,
				  74.13A.075,
				  74.13A.085,
				  74.13A.100,
				  74.15.020,
				  45
				  C.F.R. §
											1356.40. WSR 18-14-008, §
										388-27-0375,
				  filed 6/21/18, effective 7/22/18. Statutory Authority: RCW   74.13.109,
				  74.13.112, 74.13.130, and 2002 c 371. WSR 03-02-059, §
										388-27-0375,
				  filed 12/27/02, effective 1/27/03. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-045, §
										388-27-0375,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-80 - Adoption support program › Section 110-80-0430 - What types of nonrecurring adoption expenses will the department reimburse?

Current through Register Vol. 24-14, July 15, 2024
The department may reimburse:
(1) Court costs directly related to
			 finalizing an adoption;
(2)
			 Reasonable and necessary adoption fees;
(3) Reasonable and necessary attorney fees
			 directly related to finalizing an adoption; and
(4) Costs associated with an adoption home
			 study, including:
(a) Health and psychological
			 examinations;
(b) Placement
			 supervision before adoption;
(c)
			 Transportation, lodging, and food costs incurred by the adoptive parent(s) and
			 child during preplacement visits; and
(d) Other costs directly related to
			 finalizing the legal adoption of the child.