8.2D. TITLE IV-E, Adoption Assistance Program, Payments

Answer

No. A title IV-E agency must make the payments to the youth's adoptive parent(s). Section 473(a)(1)(B)(ii) of the Act specifies that the title IV-E agency may make adoption assistance payments to parents who adopt a child with special needs, either directly or through another public or nonprofit private agency.

Source/Date

5/6/2013

Legal and Related References

Social Security Act § section 473(a)(1)(B)(ii)

Answer

Yes. A title IV-E agency must ensure that a youth receiving a title IV-E adoption assistance payment under section 475(8)(B) of the Act meets the education and employment criteria or is incapable of meeting any of these criteria due to a medical condition, as elected by the title IV-E agency. Once a title IV-E agency determines that a youth no longer meets the criteria, the agency must discontinue title IV-E adoption assistance payments for the youth. However, if the youth meets the criteria at a later time, the title IV-E agency may resume payments to the youth.

Source/Date

5/6/2013

Legal and Related References

Social Security Act § section 475(8)(B); ACYF-CB-PI-10-11

Answer

Pursuant to long-standing policy, title IV-E agencies were prohibited from suspending adoption assistance payments because a suspension was the equivalent of terminating adoption assistance payments. See ACYF-CB-PIQ-98-02, as incorporated into § 8.2 of the Child Welfare Policy Manual (CWPM). Title IV-E agencies advised us that our adoption assistance suspension policy did not allow them the latitude to act when the agency was unsure or doubted that the parent was continuing to provide support to the child/youth. Consequently, we issued a Request for Comment in the Federal Register, 80 FR 17058 (March 31, 2015) asking agencies and other stakeholders to comment on our adoption assistance suspension policy. Informed by the comments we received, we revised our adoption assistance suspension policy to allow title IV-E agencies to suspend adoption assistance payments in accordance with the guidance provided below.

A title IV-E agency may suspend adoption assistance payments if the agency cannot establish that the adoptive parent is providing any support to the child/youth (including individuals up to age 21 as per an approved title IV-E plan) or that the adoptive parent remains legally responsible for the child/youth because the agency has not been able to establish contact with the parent to make such a determination. See section 473(a)(4)(A)(ii) and 473(a)(4)(A)(ii)  of the Social Security Act (the Act); see also 80 FR 17058 (March 31, 2015). "Any support" includes, but is not limited to, various forms of financial support, as determined by the title IV-E agency. Payments for family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child's special needs are acceptable forms of financial support. See CWPM, § 8.2D.5 Q/A #2. A parent is considered no longer legally responsible for the support of a child when parental rights have been terminated or when the child becomes an emancipated minor, marries, or enlists in the military. See section 473(a)(4)(A)(ii) of the Act; see also CWPM § 8.2D.5 Q/A #2.

A title IV-E agency may suspend adoption assistance payments if the agency determines that the child for whom adoption assistance eligibility was contracted has re-entered foster care. The title IV-E agency is not required to suspend adoption assistance payments when a child enters foster care and the decision to suspend adoption assistance must be made on a case-by-case basis. The Children's Bureau encourages agencies to consider the circumstances of the foster care entry when making suspension decisions, such as whether the entry is a short-term crisis, respite, diagnostic, or stabilization placement.

A title IV-E agency only may suspend adoption assistance payments in accordance with the fair hearing requirements at 45 C.F.R. § 205.10. Before suspending a payment, the title IV-E agency must ensure that notice to the adoptive parents is both timely and adequate, as described at 45 C.F.R. § 205.10(a)(4). As such, the title IV-E agency must mail notice of intent to suspend the adoption assistance payments at least ten days before the agency plans to suspend the payments. It also must describe that the agency intends to suspend payments, the reasons for the intended suspension and the title IV-E basis as outlined above for the intended suspension. Finally, the agency must describe the adoptive parent's right to request a fair hearing and the circumstances under which assistance is continued if a hearing is requested. If the agency suspends or reduces the payment to $0 for failure to provide the agreed upon renewal or recertification as outlined in the agreement, fair hearing requirements do not apply because the adoptive parents agreed to this reduction or suspension by signing the adoption assistance agreement (see CWPM 8.4G Q/A #2). See CWPM 8.2 Q/A #1.

If the title IV-E agency suspends adoption assistance as described above, the child/youth remains title IV-E eligible, and the title IV-E adoption assistance agreement remains in effect while the payment is suspended.

Although an agency may suspend a child's adoption assistance payment under the circumstances described above, the child's eligibility for, and receipt of, Medicaid may not be suspended while the adoption assistance agreement is in effect. See section 473(b) of the Social Security Act. The title IV-E agency also may claim any title IV-E adoption assistance administrative costs on behalf of a child whose title IV-E adoption assistance is suspended in accordance with its approved cost allocation plan.

Source/Date

2/14/2018; Updated 08/28/2026

Legal and Related References

Social Security Act, section 473(a)(4)(A) and (B); 45 CFR § 205.10, CWPM 8.2D.5 Q/A#2, CWPM 8.4G Q/A #2