30.1 Introduction
In keeping with the Children’s Division's goal to achieve permanency for all children in the care and custody of the Children’s Division, adoption or legal guardianship is a desired outcome for children who cannot be reunified with their families. This goal is founded in the belief that every child has a right to a permanent and stable family.
An adoption subsidy is available to a child who is designated as having special needs (section 453.065, RSMo) and who does not have an adoptive family readily available. Guardianship subsidy is available to a qualified relative of a child who is granted legal guardianship of the child in the same manner as such subsidies are available for adoptive parents. Subsidies are available to children in the care of the Children’s Division, Division of Youth Services, Department of Mental Health and licensed child-placing agencies at the time of placement for guardianship or adoption.
Adoption subsidy services may be used to assist in providing permanency for children through adoption who, because of their special needs, might not otherwise be adopted, and for whom a family is not readily available.
Subsidized guardianship services may be used to assist a grandparent, aunt, uncle, adult sibling or adult first cousin who has obtained legal guardianship for eligible children.
Payment for maintenance, MO HealthNet, childcare and other special services are authorized through an adoption or guardianship subsidy Agreement. These Agreements are negotiated in a collaborative process involving the adoptive/guardianship family and the Division/Child-placing agency utilizing a complete assessment of the needs of the child. There is to be no means test utilized in developing these Agreements.
Subsidy Basic Package
The basic subsidy package includes maintenance (standard rate), childcare for children to age 13 as long as both parents are working, and MO HealthNet to meet the healthcare needs of the child. The payment is intended to aid in the development, adjustment and continuity of the formation of the "new" family created by adoption or legal guardianship. Significant to the use of an adoption/legal guardianship subsidy is the realization that without this resource a family would not otherwise have the resources to provide permanency to a special needs child.
The Division's philosophy and practice in the adoption and legal guardianship subsidy program is to promote and develop a collaborative effort between Division staff and the adoptive or guardianship family to meet the special needs of the child.
Adoption and legal guardianship Agreements may continue until the child reaches age 18. All subsidy Agreements are reviewed by staff at least annually to insure best services to children and families are provided, and more frequently at the request of the family when changes are necessary because of the needs of the child/youth.
An adoption subsidy may be approved to continue to age 21, on a yearly basis, when a documented physical, dental or mental health need exists that requires care beyond the age of 18. These 18+ Agreements are negotiated on an annual basis, according to the youth’s current needs and in the spirit of transitioning the youth to adult services.
All guardianship subsidy Agreements end at age 18 as does the legal guardianship established by the court, therefore, there is no option for extension beyond the age of 18.
Additionally, this Division assists the Division of Youth Services (DYS), the Department of Mental Health (DMH) and licensed child-placing agencies by authorizing an adoption or legal guardianship subsidy for eligible children who are in their custody and are placed for adoption or guardianship. These children must meet eligibility requirements for the subsidy programs.
It must be remembered that, although there may be a subsidy in place, the family is an adoptive or guardianship family. Therefore, we must recognize that the family, like other families, has the same rights and responsibilities to manage their own lives and that of their child after the final decree of adoption or legal guardianship is granted. The family, like other families, may utilize any appropriate community service or resource (including the Division) to assist with service needs which develop at a later time. However, with the Division's commitment to seek permanency for children with special needs through adoption or legal guardianship, it is recognized that families providing permanency for these children may need placement support services beyond the granting of a decree of adoption or legal guardianship. We are to extend to these families our assistance to make the adoption or legal guardianship a success. The family should be informed that staff will be available to provide needed and appropriate services, i.e., the family may request adoption or guardianship support services any time after the decree of adoption or legal guardianship.
Chapter Memoranda History: (prior to 1/31/07)
CS03-33, CD04-17, CD04-77, CD06-79
Memoranda History:
CD08-17