Written in 2011 and updated in 2014 by Sheila Malloy Huber1

Chapter Sections

Introduction

The Department of Social and Health Services’ (DSHS) Adoption Support Program provides post-adoption assistance to families who adopt special needs children out of the foster care system or from a nonprofit adoption agency. Substantially all of the children who move from foster care to adoption in Washington are eligible for the program. By summer 2014 more than 17,000 children in Washington were receiving adoption support benefits.

§1 Legal Basis

The adoption support program is governed by state law (RCW 74.13.100–159) and federal law (Title IV-E of the Social Security Act, 42 U.S.C. §§671–675). The rules governing the program are set out in WAC 388-27-0120–0390, which provide a comprehensive overview of adoption support in Washington.

The United States Department of Health and Human Services (DHHS), the federal agency charged with overseeing the administration of the federal adoption support program, has published guidelines which states are required to follow in administering the federal program. These guidelines can be found in the DHHS Child Welfare Policy Manual at http://www.acf.dhhs.gov/programs/cb/laws/cwpm/index.jsp.

§2 Eligibility

Eligibility is based on a complex formula that first applies the federal statute’s three-part definition of “special needs child” and then looks to qualifying factors set out in federal or state law. The income of the adopting family is not considered in determining the eligibility of the child. Special needs children placed by private nonprofit agencies may be eligible for adoption support even though the children are not adopted out of the foster care system. However, it is highly unlikely that a former foster child who moves from a guardianship to adoption will be eligible for adoption support. Moreover, foster children who are independently placed by parents (even with court approval), rather than by an agency, are also unlikely to qualify for the program.

§3 Agreement and Benefits

If a child is eligible for the program, the prospective adoptive parents and DSHS negotiate a contract setting out the benefits that will be received by the family on behalf of the child. The child’s needs and the circumstances of the family are considered in negotiating the contract. This agreement must be negotiated and signed by both parties (the prospective adoptive parents and DSHS) before the adoption is finalized. Benefits available under the program may include the following:

  • Medical assistance through Medicaid (offered to all families on the program);
  • Assistance with psychological and therapy expenses;
  • Training for adoptive parents;
  • A monthly cash payment (The amount of the payment, if any, may vary from family to family, as it is a negotiated amount based on the needs of the child and the circumstances of the family. The payment amount cannot exceed the amount of the “foster care maintenance payment” that the child would receive if the child were in a foster family home. Also the amount can be changed at any time, if a need in the family arises.); and
  • Reimbursement (up to a maximum of $1,500.00) for nonrecurring adoption expenses, such as adoption agency fees, attorney fees, and court costs incurred in finalizing the adoption.

The benefits generally continue until the child is 18 years old. However, they may be extended to age 21 if the child is still in school and pursuing a high school diploma or vocational education certificate. Additionally, the agreements are modifiable at any time based on a change in the needs of the child or in the circumstances of the family. Residential care is not paid for through the adoption support program. RCW 74.13.180 requires a child to be in the custody of DSHS if group care payments are made. However, services other than adoption support may be available to adoptive parents and children under family preservation, family reconciliation, or other child welfare services.

In any adoption where there is an adoption support agreement, the court finalizing the adoption must review the agreement before entering the adoption decree (although the court may not change the terms of the agreement) and at any time there is a motion to vacate or modify the adoption.2

Download this chapter: Chapter 30 – Adoption Support

ENDNOTES

  1. Sheila Malloy Huber was an Assistant Attorney General and Senior Counsel with the Olympia Social and Health Services Division, representing the Children’s Administration, retiring in June 2013. She also served as the appellate advisor for the Social and Health Services Division in Olympia. After graduating from law school in 1977, she was in private practice in Spokane for 13 years, emphasizing adoption, family and juvenile law, as well as appellate practice. During that time Ms. Huber also taught legal research and writing at Gonzaga University School of Law. From 1991 to1999, she worked as a law clerk for Chief Justice James Andersen and, later, for Chief Justice Richard Guy, of the Washington State Supreme Court. She joined the Attorney General’s Office in 1999.
  2. RCW 26.33.320.