30.10.1   Appeals

The adoptive parent(s) and legal guardian(s) have the right to appeal any decision of the Children’s Division related to an Adoption or Subsidized Guardianship Agreement through the process of a fair hearing.  The family must complete the Application for State Hearing form IM-87, to request a fair hearing within 10 days of their written notice by the agency of the adverse action regarding the denied subsidy request.

Upon request, the worker may complete the Application for State Hearing form, IM-87.  The family does not need to sign the form prior to the request being forwarded on to the Hearings Unit.  Signature must simply be obtained prior to the hearing.  The worker must send the family’s request for a fair hearing (IM-87) to the Hearings Unit for their area within 24 hours of the date of the parent(s)’ or guardian(s)’ request. 

If the worker completes the IM-87, be specific as to what the parent’s request is, reading it to the parent or guardian for accuracy before sending it to the Hearings Unit and to the Division of Legal Services.

When an adoptive family or guardian is unhappy with a decision regarding a subsidy request made by them, the worker is to arrange an appointment with them, in person, prior to the fair hearing, if one was requested.  This meeting should include the supervisor and Circuit Manager/Program Manager.  If some things are negotiated, inform the Hearing Officer the issue has been resolved; therefore, it does not need to be addressed in the hearing.  The county/circuit office is to inform the Hearing Officer of these resolutions.

When a hearing is scheduled, send supporting documents prior to the hearing to the Hearing Officer.  These documents could include, but are not limited to denial letter the subsidy Agreement and previous amendments, previous decisions policy that supports the Children’s Division decision, changes in via memos that support the decision, and a list of services the adoptive family or guardian has been approved for in the past.

It may be helpful for staff to have a Children’s Division attorney in some of the more complicated hearing situations.  If the family has an attorney, the Children’s Division should also request representation from the Division of Legal Services. 

The Children’s Division will not pay for the parent(s)’/guardian(s)’ attorney’s fees.

Related Subject:  Section 6, Chapter 7.1, Children’s Services Fair Hearing Process

30.10.2  Deceased Adoptive Parent(s) or Guardian(s)

Eligibility for adoption or legal guardianship subsidy payments ceases with the death of both adoptive (s) or guardian(s), or in the case of a single parent adoption or guardianship, with the death of that adoptive parent or guardian.  If resources from the parent(s)’ or guardian(s)’ estate or survivors benefits, such as insurance or OASDI, are insufficient to provide for the child, application could be made for Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI).  Should the child have a subsequent adoption/guardianship, they would be eligible for subsidy in their new placement, if the placement was an eligible placement for subsidy.

Upon the death of one adoptive parent a contract is to be completed for the surviving parent.  Upon the death of one guardian a new contract may only be completed if the surviving guardian is a qualified relative.

When it is determined that a single guardian is deceased, the Children's Division should close the guardianship contract and ensure the safety of the child.  Alternate placement with another relative should be sought or a referral made to the juvenile court for placement in Children's Division custody after consultation with supervisory staff; and if possible, a Family Support team meeting.  If a subsequent guardianship is awarded to a qualified relative, a subsidy contract may be negotiated with that relative on behalf of the eligible child.

30.10.3  Divorcing Adoptive Parents or Guardians

When adoptive parents or guardians enter into a legal separation or divorce situation, it often becomes necessary to take one of the parents/guardians off the subsidy contract.  Encourage the parent/guardian to address the subsidy directly with their attorney so that the court can perhaps order one parent/guardian to receive the subsidy.  The Division does not have the authority to remove one parent/guardian from the contract without supporting documentation and a court order.   In order to do this, one of the following must occur:

1. There must be an order from the court, assigning one of the parents/guardians physical custody of the child covered under subsidy.  This order could be a full child order of protection or a custody order; or
   1. If the order is a full child order of protection,  the worker may take the non-caretaking parent’s/guardian’s name off the Vendor Licensure/Placement Resource Form, SS-60 once a copy of that order is received so that the subsidy payment will be made to the parent/guardian caring for the child.  A full child order of protection is valid for up to 180 days.   Therefore, the caretaking parent/guardian should provide the agency with a custody order within six months, or an extended child order of protection in order to continue the subsidy in this way. 
   2. The parent/guardian caring for the child will be expected to obtain a custody order, in order to take the non-caretaking parent/guardian off the subsidy contract.
   3. Once the custody order is received, a new Agreement or contract and attachment are to be completed with only the custodial parent/guardian included.
2. The adoptive parent or guardian who is not caring for the child agrees to be taken off the subsidy contract; or 
   1. The parent or guardian caring for the child must provide a written request to the Division, requesting that the non-caretaking parent or guardian be removed from the subsidy contract.
   2. The non-caretaking parent or guardian must provide a notarized statement regarding their agreement to this action, to be placed in the file.
3. If the parent/guardian receiving the subsidy payment is not financially supporting the subsidized child with the subsidy, specific documentation of this must be utilized to close the subsidy due to the lack of financial support and a new subsidy Agreement may be opened under the parent/guardian who is caring for the child.  If this action is taken, the following steps must occur: 
   1. Write the adoptive parent(s) or guardian(s) a letter stating that the subsidy will be closed within 30 days due to the lack of financial support of the child.  Document the evidence on which this decision has been based. 
   2. Wait 30 days for a response.  The parent/guardian who has been receiving the subsidy may decide to begin forwarding financial support to the care-taking parent/guardian.  If so, document this information in the case dictation.  If after 30 days, the care-taking parent/guardian reports continued lack of financial support from the parent/guardian who has been receiving the subsidy payment, proceed to step 3.c.
   3. Close the old Vendor Licensure/Placement Resource Form SS-60 and the old subsidy contract.
   4. Open a new SS-60 in the name of the parent/guardian caring for the child.
   5. Complete new subsidy paperwork, including a new Adoption Subsidy Agreement, CD AD, or Subsidized Guardianship Agreement, CD SG, with the parent/guardian caring for the child.
   6. Update the Alternative Care Client screen, SS-61 in FACES  to reflect the new vender number.

If both parent(s)/guardian(s) continue to disagree on the subsidy, it is not the responsibility of the Division staff to make any decisions or take any actions without a court order.  Division staff are to encourage the parent(s) or guardian(s) to work with their attorneys with regard to this matter.

In the event that a divorce occurs with a guardianship couple, the guardianship subsidy may only remain in effect with the qualified relative retaining physical custody.