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CHILDREN, YOUTH, AND FAMILIES BULLETIN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE
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ISSUE DATE: 01/01/03
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EFFECTIVE DATE: 01/01/03
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NUMBER: 3350-03-01
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SUBJECT: Statewide Adoption Network (SWAN) Policies and Procedures
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BY: Wayne Stevenson, Deputy Secretary for Children, Youth and Families
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REFER COMMENTS AND QUESTIONS REGARDING THIS BULLETIN TO: Regional Children and Youth Program Directors
ORIGIN: Kimberly Hunter (717) 705-2908
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SCOPE:
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County Commissioners and Executives
County Children and Youth Administrators, Inc.
County Children and Youth Advisory Committees
Pennsylvania Children and Youth Administrators Association
Private Children and Youth Agencies
County Mental Health and Mental Retardations Offices
Juvenile Court Judges
Juvenile Court Judges' Commission
Orphans' Court Judges
Statewide Adoption Network Advisory Committee
Pennsylvania State Foster Parent Association
One Church One Child of Pennsylvania, Inc.
Juvenile Law Center
Pennsylvania Council of Children, Youth and Family Services
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PURPOSE:
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To replace OCYF Bulletin #3350-97-01 for the purpose of revising the service structure, rates and requirements relating to the SWAN initiative.
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BACKGROUND:
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In Fiscal Year (FY) 1992-93, the Department, Juvenile Court Judges' Commission (JCJC) and county children and youth agencies began the SWAN initiative to address barriers to the adoption of children served by county children and youth agencies. A Permanency Planning Committee convened by the Department and JCJC identified the following barriers to timely adoptions:
- Adoption activities confined to county geographic boundaries inhibit timely adoption;
- Need for increased allocation of resources to adoption services; and
- Lack of statewide collaboration, coordination, information and structure among those involved in the adoption process inhibit timely adoption.
As a result of strong commitment and appropriations exceeding $98 million through this initiative, adoptions of children in foster care have increased from 676 finalized adoptions in FY 1993-94 to 1,791 finalized adoptions in FY 2001-02. A cumulative total of 12,093 adoptions have been finalized in the nine-year period of this initiative. Pennsylvania is committed to improving permanency outcomes for children through the Child and Family Services Review (CFSR) process.
This bulletin replaces OCFY Bulletin #3350-97-01. OCYF has also issued Bulletin #00-95-14 that provides guidelines for the SWAN initiative.
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PROGRAM DESCRIPTION:
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Description of the Network:
The SWAN Program is a network of public and private agencies and organizations that have a common goal of improving the opportunity for timely permanency for Pennsylvania children (see Network Participant Roles). Opportunities for families must be provided in a qualitative and timely manner.
All activities conducted through the network are intended to support the timely permanence of children in the custody of county agencies and to support families. The network is comprised of adoption agencies, organizations and individuals working together on behalf of children. It is important that all participants approach their efforts from a common frame of reference. The discussion that follows is intended to help achieve a common understanding and approach to permanency services on behalf of children in county agency custody.
The cooperative working relationships of network participants facilitate timely permanency for children. When a family is interested in adopting a child in the custody of a county agency, the network can help them to obtain timely pre-permanency services. When a child is matched with a family, the network will help families through the process leading up to adoption finalization. A continuum of post-permanency services is also available to support the family until the child reaches adulthood.
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County Options for Service:
County children and youth agencies have the following three options to provide permanency services. These options may be used exclusively or in combination to best meet the needs of the county agency. These options include the following:
- Provide permanency services directly with county agency staff;
- Purchase permanency services from another agency; and/or
- Make referrals to the SWAN Prime Contractor for units of service.
If a county becomes an affiliate with the SWAN Prime Contractor, the county must demonstrate that contract funding is not duplicating money already available through the Needs-Based Budget (NBB) process.
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The Process for Making Referrals to the SWAN Prime Contractor:
County children and youth agencies that use the SWAN Prime Contract make referrals for specific units of service up to the total amount requested in the NBB. The SWAN Prime Contractor assigns the referrals to the affiliate agency designated by the county. When no affiliate agency has been designated, the SWAN Prime Contractor assigns the affiliate agency based on geographic proximity and capacity to complete the work in a timely manner. The affiliate agency works closely with the county agency to complete the specific service requested. Some units of service require that the county agency certify the completion of the work in order for the affiliate to complete the requirements for payment to be made by the SWAN Prime Contractor.
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SUMMARY OF REVISIONS:
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This bulletin makes the following revisions to the SWAN Program.
- Realignment of foster/adopt services into the regular permanency services at the same payment rates;
- Cost-of-living increases for units of service;
- Implementation of and information on best practice in permanency services, including references to the SWAN library and bulletin appendices;
- Enhancements added to the units of service;
- Template for and enhancements added to child-specific recruitment; and
- The addition of new units of service for child preparation and post-permanency services.
DEFINITIONS:
ADOPTIVE FAMILY
A family who has finalized the adoption of a child placed in their home.
AFFILIATES
Licensed adoption agencies that contract with the SWAN Prime Contractor to provide permanency services for county agencies. Other entities will be added to provide post-permanency services and child preparation.
CHILD
An individual who:
- is under the age of 18;
- is under the age of 21 years who committed an act of delinquency before reaching the age of 18 years; or
- was adjudicated dependent before reaching the age of 18 years and who, while engaged in a course of instruction or treatment, requests the court to retain jurisdiction until the course has been completed, but in no event shall a child remain in a course of instruction or treatment past the age of 21 years.
COUNTY AGENCY
The county children and youth social service agency established pursuant to section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the Department of Public Welfare under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
FOSTER/ADOPT
An approved/licensed family providing foster care or formal kinship care who now intends to adopt a child whom was placed in their home for the purpose of fostering.
LEGAL-RISK FAMILY
A pre-adoptive family, which solely intends to adopt, accepts the placement of a foster child prior to the termination of parental rights (TPR). In these situations:
- Permanency through adoption is aggressively pursued;
- The child is not legally free for adoption;
- There is a risk that the child may be reunified with their birth family;
- The child is not eligible for adoption assistance until TPR; and
- Many families may agree to become temporary foster families solely for the purpose of receiving financial compensation until the adoption assistance agreement is established at TPR.
PRE-ADOPTIVE FAMILY
A family selected by the county agency or court, which intends to adopt a child who has been placed in their home. Adoption finalization is pending.
PRIME CONRACTOR
The legal entity contracting with DPW to administer the SWAN Program.
SWAN ADOPTION LIBRARY
A three-volume set of materials to guide permanency practices in Pennsylvania. The volumes include a basic guide, additional resources to special needs adoption and a directory of network participants.
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SWAN PROGRAM COMPONENTS
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A. CHILD POPULATION SERVED
SWAN serves children who:
- Are in the legal custody of county agencies whether or not they have a court-ordered goal of adoption; or
- Are in need of post-permanency services. These services are available through the Department's contract with the SWAN Prime Contractor and are subject to the availability of funds designated by the Department for post-permanency services. Post-permanency services may also be provided by the county agency and funded through the NBB process.
Children without a goal of adoption are eligible for child profile, child specific recruitment and child preparation services. These children may have any permancy goal.
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B. ELIGIBLE FAMILIES
Eligible families are those applicants who express an interest in providing permanency for children identified in the definition listed above of "Child Population Served" and are approved in accordance with Attachment F. Permanency includes adoption, permanent legal custodianship, or placement with a fit and willing relative (formal kinship care). Families shall not be denied the opportunity to adopt based on age, race, ethnicity, gender, religion, income, marital status, education, employment status, citizenship, or geography, in accordance with the Pennsylvania Adoption Act (23 Pa.C.S. 2101 et seq.).
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C. UNITS OF SERVICE, PAYMENT RATES AND AUTHORIZATION REQUIRED
The permanency services available through the SWAN Prime Contractor and the unit cost of each service are listed in the chart below.
Units of Service and Payment Rates:
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Units of Service
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Payment Rate
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Family Profile
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$ 2500
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Child Profile
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$ 2000
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Child Preparation
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$ 2000
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Child Placement
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$ 4000
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Adoption Finalization
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$ 3500
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Child-Specific Recruitment
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$ 3000
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Post-Permanency Services:
- Advocate for Post-Permanency Services
- Support Group
- Respite
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$ 500
$ 250
$ 300
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County agencies may contact the SWAN Prime Contractor at 1-888-793-2512 or at www.diakon-swan.org to inquire about any of these services.
County agencies should refer all necessary units of service to complete the child's permanency at the initial referral to the SWAN Prime Contractor. This complete referral package will ensure that the units of service will be available from the prime contractor for the child to reach permanency.
Authorization Required:
The SWAN Prime Contractor only pays affiliate agencies for authorized services. Affiliate agencies are only eligible for payment for those referrals officially received from the SWAN Prime Contractor.
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D. NETWORK PARTICIPANT ROLES
MEMBERS OF THE NETWORK:
The following members are critical to the success of the network:
- County children and youth agencies;
- County Commissioners Association of Pennsylvania (CCAP);
- Other organizations and licensed agencies;
- Private adoption agencies;
- The prime contractor;
- The Pennsylvania Department of Public Welfare (DPW), through the leadership of the Office of Children, Youth and Families (OCYF);
- Statewide Adoption Network Advisory Committee;
- The courts and the legal system;
- Child and Adolescent Service System Program (CASSP);
- Child and parent advocacy and support groups;
- Pennsylvania State Foster Parent Association (PSFPA);
- Parents - birth, legal, foster, pre-adoptive and adoptive;
- Pennsylvania Adoption Exchange (PAE);
- Pennsylvania Child Welfare Competency-Based Training and Certification Program (CBT); an
- SWAN Helpline (1-800-585-SWAN).
ROLES OF NETWORK PARTICIPANTS:
THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE (DPW):
DPW has the following responsibilities regarding permanency services and activities:
- Work in collaboration with all network participants to remove systemic barriers that impede the timely permanency of waiting children;
- Ensure safety and permanency for children in a timely manner;
- Develop and monitor contract objectives, priorities and terms of the prime contract for full compliance;
- Fund and support approved contract costs;
- Participate in the development of the terms of contracts with affiliates;
- Maintain and support a SWAN Advisory Committee;
- Prepare, issue and keep current policies and procedures that will direct the operation of the network;
- Facilitate regular communication and collaborative efforts among network participants;
- Monitor compliance with permanency policies and procedures;
- Monitor operations to assess the accomplishment of program goals;
- Operate PAE, to include the website;
- Monitor the delivery of Competency-Based Training (CBT), as it relates to permanency services;
- Coordinate and negotiate a public education and media campaign designed to improve the permanency opportunities for children in county agency custody;
- Maintain a data system on the status of child population served;
- Compile and disseminate data on SWAN program activities to network participants; and
- Report to the Governor's Office and legislative leadership regarding program activity.
PENNSYLVANIA COUNTY CHILDREN AND YOUTH AGENCIES:
County agencies have the following responsibilities regarding permanency services and activities:
- Work in collaboration with all network participants to remove systemic barriers that impede the timely permanency of waiting children;
- Comply with applicable laws, regulations and guidelines relating to adoption services;
- Use state funds as available to fund permanency services;
- Actively recruit adoptive families, according to the Multi-Ethnic Placement Act (MEPA) and its amendments;
- Cooperate with legal counsel to facilitate termination of parental rights (TPR) to assure that the child is legally free for adoption;
- Request where appropriate, the court to set a goal of adoption for children in county custody;
- Complete, submit and update the SWAN Eligibility Report/Update Form, CY-890, (see Attachment A) on an ongoing basis;
- Comply with PAE registration requirements (see Attachment C);
- Make case-specific referrals to The SWAN Prime Contractor for appropriate services as defined in the NBB Bulletin;
- Cooperate with contracted agencies by providing access to information in case records that will allow affiliates to fully complete the tasks for which they are responsible;
- Assure that a child profile is completed within 90 calendar days after the goal of adoption has been established (see Child Profile and Attachment B); or to make a referral to The SWAN Prime Contractor within 10 days to have a child profile completed by an affiliate;
- Cooperate in the development of a Child Preparation Plan for every child for whom such a plan is deemed necessary to prepare the child for permanency (see Attachment E and SWAN Adoption Library Section I);
- Make a determination whether or not to accept family profile documents within 30 days of receiving them from the affiliate agency (see Attachment F);
- Ensure Child Specific Recruitment activities are provided for children without identified families (see Attachment I);
- Share the child profile with the prospective family's agency (see Attachment B);
- Review family profiles and make a timely decision in selecting a family for child placement (see Attachment C and Attachment G for greater detail of the process of family selection decisions);
- Assure that families are aware of community resources and supports, as well as benefits available through the Pennsylvania Adoption Opportunities Act, the Federal Adoption Tax Credit and the Adoption Assistance Regulations (see Attachment D and the SWAN Adoption Library);
- When an affiliate agency is involved, the county agency will cooperate with the agency supervising the prospective family to assure smooth placement transition toward permanency for the child and family;
- Remain informed and collaborate with the affiliate agency on the child's progress following placement; and make reasonable efforts to finalize adoptions in a timely manner (see Attachment H);
- Determine whether to consent to the adoption, based on supervisory reports, and, if so, to provide consent and other necessary legal documents for timely finalization (see Attachment H); and
- Provide or arrange for post-permanency services, as appropriate to meet the needs of the child and his/her family.
SWAN PRIME CONTRACTOR:
The SWAN Prime Contractor has the following responsibilities regarding permanency services and activities:
- Work in collaboration with all network participants to remove systemic barriers that impede the timely permanency of waiting children;
- Support DPW in the implementation of all components of the SWAN program and comply with terms of the SWAN contract;
- Enter into and monitor unit cost contracts with approved affiliates for quality and timely permanency services;
- Contract with licensed agencies and organizations in good standing, as directed by the terms of the prime contract, to provide related support services (legal services, conferencing, training, recruitment and outreach efforts, and post-permanency services);
- Make payments to affiliates in a timely manner;
- Maintain accurate records of referrals, services delivered and payments made;
- Maintain a database system that is accessible to DPW;
- Receive and assign referrals from counties and affiliates;
- Refer requests for information from new families to the SWAN Helpline;
- Facilitate regular communication and collaborative efforts among network participants;
- Provide periodic reports to DPW as required describing contracted activities; and
- Provide educational and training opportunities to network participants that focus on best practices in permanency.
AFFILIATES:
SWAN affiliates have the following responsibilities regarding permanency services and activities:
- Work in collaboration with all network participants to remove systemic barriers that impede the timely permanency of waiting children;
- Deliver services according to the terms of their contractual agreement and this Bulletin;
- Actively recruit adoptive families according to MEPA and its amendments;
- Develop and approve eligible family applicants for children served by SWAN;
- Comply with PAE requirements for family registration (see Attachment C);
- Share child profile information with prospective families in a manner that assures the protection of confidentiality (see Attachment B);
- Share family profile information with county agencies in a manner that assures the protection of confidentiality;
- Cooperate with county agencies in providing information to the family about the types of support available through adoption assistance (see Attachment D);
- Collaborate with the county agency in the provision of all units of service; and
- Comply with the Child Protective Services Law (CPSL) and mandated reporting requirements and provisions of ASFA and MEPA.
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E. SWAN SERVICES
- DIRECT SERVICES
FAMILY PROFILE:
This extensive process of developing families for children in the foster care system is described on pages 13-16, in Attachment F and the SWAN Adoption Library 2-13. The process of developing families for children in the foster care system is designed for use by licensed adoption agencies to determine the suitability of an applicant to be an adoptive parent, based on the applicant's qualifications and the readiness of the applicant to parent a specific child based on the child's individual needs.
The family profile process is now identical for pre-adoptive families and/or foster families who will adopt. Our research has shown that adequate family preparation is essential for families to move forward to finalization. The need for annual family profile updates has been eliminated and addendums after one year are required below as part of the enhancements to this unit of service. The family profile can be used for a maximum of 3 years, which may include two addendums.
Affiliate agencies must get prior authorization from the prime contractor to provide family profiles to those families recruited by the affiliate. The Family Profile Authorization Agreement (see Attachment F-1) must accompany these formal requests from the affiliate agency.
Invoicing Information for Affiliate Agencies:
An affiliate may invoice the prime contractor for a family profile referral at $2,500 when the family profile document is completed and shared with the family. The family profile must indicate whether or not the family is approved as a pre-adoptive family (see Attachment F). The unit cost of $2, 500 includes the completion of two addendums, if necessary.
Family Profile Enhancements:
This unit of service is enhanced to ensure preparation of families to adopt children with special needs and now requires the following:
SWAN Program Activities for Family Profile (See SWAN Adoption Library Section 2)
- Family Identification
- Family Profile.
Family Identification:
- County and affiliate agencies are expected to identify and prepare families to adopt children who are in the custody of county agencies and who have a goal of adoption.
- Adoptive applicants begin the process of becoming an eligible family when they contact an affiliate or county agency expressing an interest in adopting waiting children.
- The county or affiliate agency must verbally contact the applicant within one week of receiving an inquiry.
- The county or affiliate agency must provide an orientation to families who continue to express an interest in adopting following the initial contact. The orientation must be completed within 30 calendar days.
- The orientation provided by adoption agencies shall address at least the following topic areas:
- What families can expect to experience during the process leading up to adoption;
- A description of pre- and post- permanency services and the supports available to families from the affiliate and/or county agency;
- An explanation of the adoption assistance program. County and affiliate agencies must comply with the adoption assistance standards (see Attachment D and SWAN Adoption Library, Assistance-4).
- A discussion of the family profile process and a description of who will have access to the content of the family profile (see Attachment F-2). The description needs to identify that the family profile information will only be released to another agency providing a continuation of family profile/family preparation services or to an agency with child custody for their use in matching; and
- A description of waiting children and their needs.
- Families who continue to be interested in adoption following the orientation process are invited to a submit a written application for adoption (see Attachment F)
Family Profile:
- The family process begins at the point the family submits a written application to adopt. Families who complete a Family Profile Authorization Agreement may be offered a family profile (see Attachment F).
- If an approved foster family is selected to become adoptive parents, a family profile must be completed.
- The family profile for such an approved foster family is usually completed by the agency that supervises the foster family.
- If the supervising agency is not licensed to provide adoption services, the family profile must be provided by an agency licensed to provide adoption services.
- The family profile for adoption by foster families will include the differences associated with being an approved adoptive parent rather than a foster parent.
- Family preparation to transition from foster care to adoption is critical to ensure readiness for permanency.
- A family profile will be considered "completed" when:
- A written family profile report is available for inclusion in the agency file;
- The family profile results have been reviewed with the adoptive applicants; and
- The family signs a statement indicating that they have read the profile and understand the contents (see Attachment F).
- Agencies shall make a decision regarding approval/non-approval of the applicant as an adoptive family. Families who complete requirements in a timely manner will be assured the completion of a family profile within 120 days upon completion of affiliate/county requirements.
- CHILD PROFILE:
A child profile is a thorough review and assessment of the child's life. The child should participate with the worker in the development of the child profile to the fullest extent possible. This information is confidential and only shared between agencies and with a prospective eligible family. The many purposes of the child profile and the topics to be addressed are provided in this section, Attachment B and SWAN Adoption Library, Section 1.
An affiliate agency may invoice the prime contractor for child profile referrals at $2000 upon receipt of the County Certification of Service Completion from the county agency that made the referral indicating that the work product is satisfactory. The unit cost of $2,000 includes the completion of two addendums, if necessary.
The child profile process is now identical for children without a family identified and the children who are being adopted by their foster families. Our research has shown that adequate child profiles are essential for children to move forward to permanency. The need for annual child profile updates has been eliminated and addendums after one year are required below as part of the enhancements to this unit of service. The child profile can be used for a maximum of three years, which may include two addendums.
Child Profile Enhancements:
This unit of service is enhanced to ensure preparation for permanency of children with special needs and now requires the following:
SWAN Program Activities for Child Profile
The child profile is both a document and a process (see SWAN Adoption Library Section 1).
- Each child with a goal of adoption must have a child profile.
- The content of a foster/adopt child profile is the same as that of a traditional child profile.
- The child profile is usually completed by the agency that is providing foster care services to the child.
- If the agency providing foster care services to an individual child is not licensed to provide adoption services, the child profile must be provided by an agency licensed to provide adoption services.
- Child profile content must include information listed in Attachment B, and a one-page description and a current color photograph in cases where family recruitment is needed.
- The child profile must be completed as a separate document within 90 calendar days after the goal of adoption has been established (see Attachment B) or within 90 calendar days of the date of receipt of referral by the affiliate.
- Identifying birth family and legal family information must be separated from the child's profile when the child profile is shared with prospective/selected families (see Attachment B; VII, D, 1, a). The child profile is shared with the prospective/selected families by the county agency or affiliate.
- The full content (except identifying birth family and legal family information) of the child profile must be reviewed with families being considered for placement in order that the family may make an informed decision whether or not to provide permanency for the child. The child profile is not meant to be the sole source of information (see Attachment G).
- The child profile should only be shared with those families being seriously considered for placement.
- To ensure confidentiality in accordance with applicable statute and regulations after the placement, the child profile will be located only in the following four places:
- Selected family;
- Placing county agency;
- Affiliate agency that prepared the child profile; and
- Affiliate agency that supervised and provided permanency, if different than the agency completing the child profile.
- The affiliate will destroy all documentation utilized to prepare the child profile after receiving the Certification of Service Completion Form from the county agency.
- CHILD PREPARATION FOR PERMANENCY: (see Attachment E and SWAN Adoption Library Section 1)
Children in out-of-home placement have experienced varying degrees of trauma in their young lives. It is essential that professionals maximize the child's readiness for permanency and prevent permanency disruption by facilitating the transition from out-of-home placement to a permanent family.
This unit of service involves the development and implementation of the written child preparation plan for the planning and preparation of the child for permanent placement. The county and the affiliate agency will collaborate on the development of the child preparation plan. A variety of techniques are available to facilitate the preparation process and the techniques must be specified in the written child preparation plan.
The affiliate agency may invoice the Prime Contractor at $2000 when the affiliate and the county agency certify the completion of the activities in the written child preparation plan.
Child Preparation Enhancements:
This unit of service is added to ensure that children are prepared and ready for permanency and requires the following:
SWAN Program Activities for Child Preparation (See Attachment B, Attachment E and Attachment G and SWAN Adoption Library Section 1)
- Child Preparation
- Child Identification.
Child Preparation:
- County agencies shall ensure that children are being prepared for permanency. Child preparation is now a unit of service. This process must begin at intake, particularly if the child is placed out of home, and be in concert with concurrent planning practices.
- The planning and preparation of the child for permanency must be coordinated in a written Child Preparation Plan between the county and affiliate agencies. It is essential to include all parties who are part of the process. The individual with demonstrated skills in assisting children with grief and loss, and attachment development should be identified to lead the child preparation effort.
- A variety of techniques may be implemented to facilitate the preparation process for children (e.g., lifebook/lifebox, stories, time lines, life maps). A lifebook/lifebox is recommended for each child who enters out-of-home placement.
- Child preparation assists the child in readiness for permanency. Best practice in the preparation process may help to reduce the loss behaviors exhibited in later developmental stages that increase the risk of permanency disruption.
Child Identification: (see Attachment A and Attachment C and SWAN Adoption Library Section 1)
- County agencies will, at a minimum, semi-annually review the child's permanency plan, determine if a goal change to adoption is needed, and when appropriate, seek court approval to change the child's placement goal to adoption. Federal and state policies require that reasonable efforts must be made to finalize the permanency plan that is in effect for the child. At each permanency hearing for the child, the county agency must present to the court the efforts made to achieve permanency in order for the court to make a determination as to whether reasonable efforts to finalize the permanency plan were made.
- County agencies will complete, submit and update on an ongoing basis the SWAN Eligibility Report/Update Form, CY-890.
- PAE shall provide quarterly reports to the SWAN Prime Contractor and to the county agencies on the status of children as reported on the CY-890.
- County agencies must register a child with PAE using the Child Registration Form (CY-130) within 90 days of termination of parental rights when a report of intent to adopt has not been filed. County agencies should register a child with PAE on the CY-130 as soon as the court approves a goal change to adoption. Early registration increases matching opportunities for the child.
- PLACEMENT:
The placement of a child with a pre-adoptive family requires extensive child preparation (see Attachment E and Attachment G and SWAN Adoption Library, Section 3) and family preparation (see Attachment F). This unit of service involves the implementation of the plan for placement and family selection by the county agency.
The affiliate agency may invoice the prime contractor for placement referrals at $4000 when the report of intent to adopt has been filed with the court (see SWAN Adoption Library Section 3). In cases where Pennsylvania children are placed in families who live out-of-state and the report of intent to adopt does not exist in the local court, the placement unit may be paid (if referred by the county) at the same time the adoption finalization is completed.
Affiliate agencies will not be paid for placement for foster/adopt cases but are now eligible for payment for the finalization unit of service.
Placement Enhancements:
This unit of service is enhanced to ensure proper planning and decision-making and now requires the following:
- Pre-placement visits (see Attachment E and Attachment G and SWAN Adoption Library Section 3);
- The family's review of the child referrals made by adoption exchanges and child profiles;
- A matching and decision-making process of a family to best meet the needs of the child (see SWAN Adoption Library Section 3);
- Preliminary negotiations of the adoption assistance agreement; and
- Permits that children can be placed with legal-risk families for the purposes of adoption prior to TPR. However, the placement unit cannot be billed until the Intent to Adopt is filed following TPR.
SWAN Program Activities for Pre-Placement Services
Pre-placement Services: (see Attachment E and Attachment Gand SWAN Adoption Library Section 3).
- When child placement with an eligible family is being considered, the county agency, in consultation with the family agency and consistent with specifications in Attachment G, shall review all child and family (retaining confidentiality) information to make a decision on their suitability as the best family resource available for the child.
- The agency that completed the family profile shall review available child information with the family so that a decision on the suitability of the placement can be made.
- The agency that completed the family profile shall inform the family that information on the child is confidential.
- At least one pre-placement visit with the child and pre-adoptive family will occur.
- The county agency and the eligible family shall begin to negotiate the adoption assistance agreement at this phase in the process prior to placement.
- FINALIZATION:
The finalization of the adoption includes all services provided to the child, the pre-adoptive family and the county agency with custody of the child prior to the issuance of a decree of adoption by the court. Finalization services begin at the point of placement and include the subsequent supervisory period and reports (see Attachment H and SWAN Adoption Library Section 3) and may include, but are not limited to, supportive services, home visits, supervisory reports, and the work done with attorneys and courts to facilitate the adoption in a timely manner.
The finalization unit of service is now identical for pre-adoptive families and/or foster families who will adopt. Our research has shown that adequate post-placement supervision is essential for families to keep moving forward to finalization. The need for foster/adopt services (formerly three payments for intent, petition and finalization units of service) has been eliminated.
Affiliates may invoice the prime contractor for finalization referrals at $3500 after the adoption decree is obtained from the court.
Finalization Enhancements:
This unit of service is enhanced to ensure proper post-placement supervision and now requires the following:
Placement Supervision Services:
- When a child is placed for adoption, the agency that is supervising the family shall visit the family at least once per month.
- Supervision shall continue for a minimum of three months except for foster/adopts, which, if appropriate, may be finalized in less than three months.
- The supervising affiliate shall provide reports to the custodial agency until finalization (see Attachment H).
- If placement supervision has not facilitated the finalization of an adoption within one year of the date of child placement, the county agency must initiate action to address the delay in adoption. The action must include at least the following:
- Permanency hearings conducted pursuant to Section 6351 of the Juvenile Act (42 Pa. C.S.);
- Documentation of efforts taken to finalize the adoption;
- An inquiry into what is causing the delay in finalizing the adoption;
- A statement of findings resulting from the inquiry; and
- A statement describing the expectations regarding new activities and timeliness needed to finalize the adoption.
- The supervising affiliate, as a mandated reporter, shall monitor the child's safety and must report immediately to ChildLine (1-800-932-0313) when the child's safety is at risk or when the child's basic developmental needs are not being met in his/her pre-permanence family (see Attachment H, letter H).
- The supervising affiliate shall inform the family of additional supports and benefits including adoption assistance (see Attachment D).
SWAN Program Activities for Finalization: (see Attachment H and SWAN Adoption Library Section 3)
Services to support movement towards legal finalization of the adoption shall include the following activities:
- The affiliate agency shall provide a recommendation through the supervisory reports to the county agency regarding the appropriateness of finalizing the adoption.
- The county agency shall make the decision regarding consent to the adoption. If consent is to be given, it is the responsibility of the county agency to obtain and provide the following documentation in a timely manner:
- The child's birth certificate;
- A certified copy of the termination decrees on all parents;
- A signed agency consent; and
- A signed adoption assistance agreement.
- The decision to consent to the adoption should be based on the content of placement supervisory reports (Attachment H) and discussion with all involved parties.
- The affiliate and county agency shall cooperate with the attorney representing the family in accomplishing a finalization at the earliest appropriate time.
- Prior to finalizing the adoption, the county and affiliate agency shall inform the family regarding the availability of Adoption Assistance and post-permanency services.
- Copies of the final adoption decree must be provided to the county agency, affiliate and family.
- CHILD-SPECIFIC RECRUITMENT (CSR):
Children who have no pre-adoptive family identified for them shall be considered for Child Specific Recruitment (CSR) activities (see Attachment I and SWAN Adoption Library Section 3). CSR includes, but is not limited to, all planned activities used to identify a pre-adoptive family who is interested in a specific child.
County agencies may make a referral to the prime contractor ONLY after PAE registration, routine recruitment activities and other contacts have been completed.
Affiliates may invoice the prime contractor for CSR referrals at $3000 with documentation of fulfillment of the activities in the written CSR plan and/or the identification of a family for the child. The prospective family identified by the affiliate agency becomes an option for placement consideration by the county agency.
CSR Enhancements:
This unit of service is enhanced to ensure all opportunities for finding a family for a child have been pursued. The affiliate agency shall work closely with the county agency and the child to develop a family. A template of required activities is provided in Attachment I and additional recommendations for CSR best practice are located in the SWAN Adoption Library. These activities include the following:
SWAN Program Activities for Child-Specific Recruitment: (see Attachment I and SWAN Adoption Library Section 3)
- The county agency is responsible to identify a permanent family for each waiting child.
- When the county agency has been unable to identify a family through local resources, registration with PAE and other contacts within the network, the agency may make a referral to the SWAN Prime Contractor for CSR.
- The county agency and the affiliate will meet to review the written CSR plan. Time frames, not to exceed 12 months, are established for required CSR strategies. The strategies are personalized to the individual child for whom the plan is being established. Additional strategies may be added to the plan. The county agency and affiliate both sign and date the written CSR plan.
- The affiliate aggressively pursues the activities in the written CSR plan.
- The affiliate provides the SWAN Prime Contractor with documentation of their efforts to carry out the written plan.
- CSR is completed when:
- The SWAN Prime Contractor certifies that the necessary documentation in Attachment I has been provided, and
- The activities in the written CSR plan are completed; or
- A family who can meet the needs of the child is identified by the affiliate.
- In situations not covered in a, b and c, which result in the county withdrawing the CSR referral, the affiliate may submit in writing to the SWAN Prime Contractor a request for payment consideration based on completion of activities in the written CSR plan.
- The written CSR plan will be evaluated by the SWAN Prime Contractor in collaboration with the county agency and the affiliate each 12-months to determine if an additional unit of service will be allocated to continue CSR efforts in order to find a permanent family for the waiting child.
- POST-PERMANENCY SERVICES:
Parents may require a continuum of support services to ensure their success as permanent families. Three of the services will be provided by the SWAN Prime Contractor:
- Advocate for Post-Permanency Services;
- Support Group; and
- Respite
These ongoing services are seen as prevention services in order to enhance permanency in families. The family must agree to receive these services. The adoption assistance agreement should include a plan for the county's ongoing commitment to families to meet the needs of the child.
County agencies, affiliate agencies or families may make referrals for post-permanency services to the Prime Contractor. The Prime Contractor will authorize an affiliate agency to provide these services for a six-month period of time. Affiliates may invoice the Prime Contractor upon completion of prior authorized services for each of the units as described below.
Advocate for Post-Permanency Services:
This new unit of service is a management function performed by an affiliate agency to ensure that families access services to meet the needs that may occur following finalization. Families may select an affiliate agency to provide post-permanency services. The selected affiliate will provide this service in a timely manner. An affiliate agency may invoice the Prime Contractor for Advocate for Post-Permanency Services at $500 per month for a maximum of six months. Services extending beyond six months require an additional unit to be authorized by the Prime Contractor.
Enhancements:
Services are completed when the affiliate agency assists the family in:
Support Group:
This new unit of service encourages structured group meetings of eligible families to occur on a regular basis. Families may select the affiliate agency support group of their choice. An affiliate agency may invoice the Prime Contractor for support group services for $250 per family, per quarter. Services are completed when the affiliate submits to the Prime Contractor the documentation of attendance at the meeting and the program agenda. Affiliate agencies that facilitate support groups shall make this service available to families associated with local or contiguous counties and other affiliates in the local geographic area.
Enhancements:
This unit of service is designed to ensure that families are supported by:
- Building relationships among other parents and children;
- Forming a community of support and mentoring among families;
- Offering opportunities for socialization and recreational activities among families;
- Providing information and educational materials relevant to families; and
- Utilizing professional and paraprofessionals for group leadership and childcare.
Respite:
This new unit of service provides families with planned periods of respite in order that parents are able to maintain a consistent level of parenting and enhance permanency in families. Families will work through an affiliate agency to arrange this service at a maximum of $300 per month per family. Families may receive a maximum of 48 hours of this service per month. Services are completed when the affiliate submits to the Prime Contractor the documentation that the services have been provided.
Enhancements:
This unit of service is designed to ensure that eligible families, as defined on page 6, are supported by:
- Developing resources to alleviate the pressures of parenting children with special needs;
- Utilizing competent resources to provide a continuum of care for the children; and
- Ensuring the flexibility to meet the needs of the parents and their children.
SWAN Program Activities for Post Permanency Services: (see SWAN Adoption Library Section 3 and Assistance-1 & 4)
Post-permanency services are available through the SWAN prime contract and are subject to the availability of funds designated by DPW for post-permanency services. Post-permanency services should be addressed by the county agency in the Adoption Assistance Agreement if one exists.
- SUPPORT SERVICES
The support services and activities of a variety of businesses and organizations are critical to expanding the Network's capacity to provide permanency for waiting children. The support services outlined below are obtained through partnership and/or contractual relationships with DPW or the Prime Contractor. These services and providers are expected to expand in variety and numbers as the needs of the Network and of the waiting children continue to grow.
- DEVELOPMENT OF ADOPTIVE FAMILIES:
- PAE Website, www.adoptpakids.org
The website features Pennsylvania's children in foster care who have a goal of adoption, but do not have a family identified for them.
- One Church, One Child of Pennsylvania, Inc. (OCOC), 1-800-437-0268
OCOC is an initiative to recruit African American families for African American children through the faith community.
- Pennsylvania State Foster Parent Association (PSFPA), 1-800-951-5151
PSFPA is the state association for foster and adoptive parents.
- SWAN Helpline, 1-800-585-SWAN
The Helpline is the single point of contact for families interested in adoption. Information is provided and referrals are made based on the needs of the caller.
- New Family Recruitment Campaign
DPW contracts with a public relations firm for a media campaign to recruit new foster and adoptive families for the children who do not have permanency.
- MATCHING SERVICES: (see SWAN Adoption Library Section 3)
- PAE Registration
The PAE is one tool used to match children and families. Waiting children and families with approved family profiles are registered in the database. The computer identifies possible matches based on the criteria selected on the registration forms. The PAE staff forward the matching information to the caseworkers for the child and family for consideration.
- Quarterly and Statewide Meetings of the Network
SWAN quarterly meetings are held four times a year. These meetings include two statewide meetings and two series of quarterly meetings in six locations. The quarterly meetings also are used as opportunities for the training. These meetings are included as sources to fulfill the annual training requirements for county agency staff.
- Annual Adoption Conference
The Department sponsors an annual adoption conference focusing on children with special needs.
- LEGAL SERVICES:
- Legal Services Initiative
This initiative trains pro bono attorneys to handle adoption cases for county agencies and also places paralegals in the agency for the purpose of streamlining the paperwork for termination of parental rights and adoption finalization. This initiative has been effective in reducing the amount of time in the adoption process in the counties where it has operated.
- Juvenile Law Center (JLC)
JLC has been a partner with the SWAN program since its' inception by providing training to the network and providing technical assistance on legal issues related to special needs adoption through their toll-free telephone line.
- OUTREACH, COMMUNICATIONS AND PUBLIC RELATIONS SERVICES:
DPW has a contract with a marketing firm for the following services:
- Media Campaign
Television, radio and print ads were developed and air periodically to recruit new families for Pennsylvania's waiting children.
- Network News
OCYF publishes a quarterly newsletter to the network about special needs adoption and the current events related to the SWAN program.
- Promotional Materials
Several types of materials to promote special needs adoption have been developed including posters, brochures, family information packets, magnets, tote bags, hats and t-shirts.
- Special Events Planning and Promotion
OCYF directs the planning and promotion of numerous special events to promote special needs adoption locally as well as at the state and national levels.
- TRAINING AND EDUCATIONAL SERVICES:
- Prime Contractor
The Department contracts with a prime contractor to administer public sector permanency services conducted by a network of adoption agencies. These services enhance and expedite the permanency process for children in foster care.
- Pennsylvania Child Welfare Competency-Based Training and Certification Program (CBT)
The Department provides this program to train child welfare professionals in Pennsylvania.
- Quarterly and Statewide Meetings of the Network
- Annual Adoption Conference
- Child and Adolescent Service System Program (CASSP)
This program operated by the Office of Mental Health and Substance Abuse Services (OMHSAS) focuses on serving children. OCYF is collaborating with OMHSAS to better serve children who are waiting for permanency and those who are in permanent families.
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CHAPTER 3140. PLANNING AND FINANCIAL REIMBURSEMENT REQUIREMENTS FOR COUNTY CHILDREN AND YOUTH SOCIAL SERVICE PROGRAMS
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Subchapter C. ADOPTION ASSISTANCE
Sec.
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| 3140.201. Applicability. |
| 3140.202. Child eligibility. |
| 3140.203. Adoption assistance agreement. |
| 3140.204. Payments/benefits. |
| 3140.205. Eligibility for Federal financial participation. |
| 3140.206. Entitlement to other services and benefits. |
| 3140.207. State reimbursement. |
| 3140.208. Procedures. |
| 3140.209. [Reserved]. |
| 3140.210. Right to hearing and appeal. |
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Cross References
This subchapter cited in 55 Pa. Code § 3130.36 (relating to adoption services); 55 Pa. Code § 3140.17 (relating to review of county plans and budgets); and 55 Pa. Code § 3140.22 (relating to reimbursable services and reimbursement rates).
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| § 3140.201. Applicability. |
| This subchapter applies to the provision of adoption assistance by county children and youth social service agencies. This subchapter is promulgated by the Department to provide financial assistance to adoptive parents on behalf of children with special needs who meet adoption assistance eligibility criteria. The subchapter presents the requirements for State and Federal financial participation in the costs of providing adoption assistance. |
| Notes of Decisions |
| Most Suitable Home |
| Based upon the Federal government's official interpretation of the Federal regulations of this program, this court holds that the local agency must first find, not just ''an appropriate'' adoptive home, but must first ''locate the most suitable family for the child,'' without regard for whether the most suitable family does or does not require any form of assistance. Gruzinski v. Department of Public Welfare, 731 A.2d 246 (Pa. Cmwlth. 1999). |
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§ 3140.202. Child eligibility.
- The county children and youth social service agency (county agency) is the sole authority for certifying a child's eligibility for adoption assistance.
- The county agency shall certify for adoption assistance children whose placement goal is adoption and who meet the following requirements:
- The child is 17 years of age or younger.
- Parental rights have been terminated under 23 Pa.C.S. Part III (relating to the Adoption Act).
- The child is in the legal custody of the county agency or another agency approved by the Department.
- The child shall have at least one of the following characteristics:
- A physical, mental or emotional condition or handicap.
- A genetic condition which indicates a high risk of developing a disease or handicap.
- Be a member of a minority group.
- Be a member of a sibling group.
- Be 5 years of age or older.
- Prior to certification for adoption assistance, the county agency shall make reasonable efforts to find an adoptive home without providing adoption assistance. Evidence of this effort shall be recorded in the case record and include registration with the Department's adoption exchange for at least 3 months.
- If it would be against the best interests of the child because of factors, such as the existence of significant emotional ties with prospective adoptive parents while in the care of the parents as a foster child, the requirement of subsection (c) does not apply.
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Authority
The provisions of this § 3140.202 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201-211, 701-774, 901-922 and 1001-1080).
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Source
The provisions of this § 3140.202 amended January 23, 1987, effective July 23, 1987, 17 Pa.B. 392; amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114540) to (114541).
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| Notes of Decisions |
| Eligibility |
| The county children and youth services agency is responsible for determining the adoption assistance eligibility not only for children who are in their care and custody, but for all children. Gruzinski v. Department of Public Welfare, 731 A.2d 246 (Pa. Cmwlth. 1999) |
| A child, who was born with a cleft palate, cleft jaw, and a cleft lip, is eligible for adoption assistance retroactive to the first instance where the child was residing with the adoptive mother and the birth mother's parental rights were terminated, where, at the time the adoption petition was filed, the child was eligible for AFDC while living with a specified relative, her aunt, the adoptive mother, and the child, in fact, received AFDC payments while living with the adoptive mother prior to the adoption, even though actual payments are not necessary in order to meet the AFDC relatedness standard for adoption assistance. Gruzinski v. Department of Public Welfare, 731 A.2d 246 (Pa. Cmwlth. 1999). |
| Exception |
| Extenuating circumstances existed in this case to justify a waiver of the 3-month ''reasonable efforts'' requirement, where each child was placed in the custody of the adoptive parents at a very tender age and formed familial bonds with their adoptive parents; it would not have been in the best interest of either child to have the child removed and placed with a different family solely because that family did not require an adoption subsidy. Adoption Resource Center, Inc. v. Department of Public Welfare, 727 A.2d 1209 (Pa. Cmwlth. 1999). |
| The exception to the ''reasonable efforts'' requirement of this regulation should be interpreted broadly, where the ''such as'' language of the regulation suggests that other situations may come within the exception, and the foster care scenario described therein merely provides one example. Adoption Resource Center, Inc. v. Department of Public Welfare, 727 A.2d 1209 (Pa. Cmwlth. 1999). |
| Three-Month Waiting/Search Period |
| Although the court agreed that the primary focus of the adoption agency should be on finding the most suitable family for the child, and not on ''shopping'' for a family that does not require assistance, the court declined to hold that the 3-month registration requirement contained in this regulation is per se unreasonable or in violation of Federal law. Adoption Resource Center, Inc. v. Department of Public Welfare, 727 A.2d 1209 (Pa. Cmwlth. 1999). |
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Cross References
This section cited in 55 Pa. Code § 3140.205 (relating to eligibility for Federal financial participation).
§ 3140.203. Adoption assistance agreement.
- The county agency shall execute a binding written adoption assistance agreement between the parties-prospective adoptive parents and county agency-at the time of or before the court issues the final adoption decree.
- The adoption assistance agreement shall specify benefits and conditions relating to adoption including:
- The dollar amount of the adoption assistance payment, if any.
- The schedule for making payment and the date on which the payment will commence, which may not be earlier than the date on which the adoption was finalized and the dollar amount of the nonrecurring adoption expenses, if any.
- The availability and scope of Medical Assistance coverage, under Title XIX of the Social Security Act (42 U.S.C.A. § § 1396-1396q) (Title XIX) (Medicaid).
- The availability and scope of social services under Title XX of the Social Security Act (42 U.S.C.A. § § 1397-1397f) (Title XX).
- The extent to which benefits for the child will apply when the adoptive family resides in or relocates to another state while the agreement is in effect.
- A provision for the protection of the interests of the child in case the adoptive parents and child reside or relocate to another state while the agreement is in effect.
- For an adopted child certified eligible for Federal Financial Participation, eligibility for Medical Assistance and Title XX social service is retained.
- With regard to Medical Assistance eligibility under Title XIX and social services under Title XX, one of the following statements shall be contained in the agreement.
- ''The child you are adopting has been determined eligible for Federal Financial Participation. If you currently reside or subsequently relocate outside this Commonwealth, the child you are adopting will remain eligible for Medical Assistance benefits under Title XIX of the Social Security Act and social services under Title XX of the act. The authorizing Medical Assistance card will be issued from the child's state of residence.''
- ''The child you are adopting has been determined ineligible for Federal Financial Participation. Although a Pennsylvania Medical Assistance card may be provided in the child's name regardless of your state of residence, it may be difficult to locate medical providers who will accept a Pennsylvania Medical Assistance card if you reside outside Pennsylvania boundaries. Title XX social services as agreed upon will be available to the extent that a voluntary agreement can be worked out between involved states.''
- For agreements entered into on or after October 1, 1983, if a needed service specified in the adoption assistance agreement is not available in the state of residence, the county making the original adoption assistance agreement remains responsible for assuring reasonable access to specified or comparable service.
- The circumstances that would cause a reduction in the amount paid or termination of the adoption assistance agreement.
- That adoptive parents are responsible for notifying the county agency of changes in circumstances, and that the county agency will contact the parents at least annually to assess the child's continued dependency.
- Information concerning additional services that are available to the child, such as mental health/mental retardation services.
- Acknowledgement that the adoption assistance agreement remains in effect if a family relocates outside the certifying county.
- The duration of the agreement.
- The schedule for making payment and the date on which payment will commence.
- Each party to the agreement shall be given one signed copy of the agreement.
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Authority
The provisions of this § 3140.203 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201-211, 701-774, 901-922 and 1001-1080).
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Source
The provisions of this § 3140.203 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392; amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114541) to (114542).
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Cross References
This section cited in 55 Pa. Code § 3140.204 (relating to payments/benefits).
§ 3140.204. Payments/benefits.
- The county agency shall certify the child's eligibility for adoption assistance and, in consultation with the adoptive parent, shall determine the terms of the adoption assistance agreement.
- Two types of payments, as well as adoption assistance benefits, shall be available to children certified as eligible for adoption assistance under this chapter. The two types of payments are adoption assistance payments and nonrecurring adoption expense payments.
- For adoption assistance payments, the following apply:
- The amount of the adoption assistance payment may not exceed the foster care maintenance payment which would have been paid if the child for whom the adoption assistance payment is made were living in a foster family home.
- The county agency shall, when determining the dollar amount of the assistance payment, consider the following circumstances of the adoptive parent and child:
- Family income and expenses.
- Family financial assets and liabilities.
- Other family resources, such as employee benefits, available to the adoptive parent, which would become accessible to the child.
- The cost of supportive child services that are borne by the adoptive parents, such as medical expenses not covered under the State Medical Assistance Program, and special transportation costs.
- The possible loss of benefits currently available to the child, such as supplemental security income.
- The county agency which certifies the child eligible for adoption assistance payments shall remain responsible for the agreed upon payments, as specified in the adoption assistance agreement, if the adoptive family relocates outside the county.
- The county agency may adjust the amount of the payments with the concurrence of the adoptive parents.
- For nonrecurring adoption expense, the following apply:
- Nonrecurring adoption expenses shall be reasonable and necessary costs which are directly related to the legal adoption of a child with special needs and which are incurred in compliance with State and Federal laws.
- Nonrecurring adoption expenses include home study fees, court costs, attorney fees and travel, when necessary to complete the placement or adoption process.
- The amount paid to adoptive parents for nonrecurring adoption expenses may not be a factor in determining the maximum amount of adoption assistance payments under paragraph (1)(i).
- Nonrecurring adoption expense payments shall be a one-time payment.
- For nonrecurring adoption expenses, the following two exceptions apply to the adoption assistance agreement requirement of § 3140.203(a) (relating to adoption assistance agreement).
- The final decree of adoption must have been entered on or after January 1, 1987 and before June 14, 1989.
- A final decree must have been entered before January 1, 1987 but nonrecurring adoption expenses must have been paid after January 1, 1987.
- For nonrecurring adoption expenses, when the final decree has been entered between January 1, 1987 and June 14, 1989, or if a final decree has been entered before January 1, 1987 but nonrecurring adoption expenses have been paid after January 1, 1987, individuals who seek reimbursement shall enter into an agreement with the county agency that certifies the child, and file a claim before December 14, 1990.
- For adoption assistance benefits the following apply:
- The terms of Medical Assistance benefits shall be specified.
- The terms of Title XX of the Social Security Act (42 U.S.C.A. § § 1397-1397f) social services shall be specified.
- Criteria for the adoptive parents, such as residence or a means test designed to exclude prospective adoptive parents from receiving payments or other adoption assistance benefits provided for in this subchapter on behalf of an eligible child, may not be used by the county agency.
- An eligible child shall begin to receive adoption assistance payments and benefits when an adoption assistance agreement is in effect under § 3140.203 and the child is placed in the home of prospective adoptive parents.
- Adoption assistance payments and benefits shall be terminated by the county agency when one of the following occurs:
- The child reaches 18 years of age.
- The adoptive parents are no longer providing for the financial support of the child.
- The parents are determined by court action to no longer be legally responsible for the child.
- The adoptive parents request termination of adoption assistance.
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Authority
The provisions of this § 3140.204 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201-211, 701-774, 901-922 and 1001-1080).
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Source
The provisions of this § 3140.204 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392; amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114542) to (114543).
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§ 3140.205. Eligibility for Federal financial participation.
- Adoption assistance payments shall qualify for Federal financial participation under Title IV-E of the Social Security Act (42 U.S.C.A. § § 670-676) (Title IV-E), when the requirements of this chapter are met and a child is placed with approved adoptive applicants.
- To continue Federal financial participation after the adoption is finalized, the child shall meet one of the following conditions:
- The child is eligible for Aid to Families with Dependent Children and is living with a relative at the time the adoption petition is filed.
- The child is receiving Title IV-E placement maintenance at the time the adoption petition is filed.
- The child meets Supplemental Security Income eligibility requirements.
- The child is a child whose placement costs are covered by Title IV-E payment made with respect to the child's minor parent.
- A nonrecurring adoption payment shall qualify for Federal financial participation under Title IV-E when, except for the requirements in § 3140.202(b)(3) (relating to child eligibility) and subsection (b), all other requirements of this subchapter have been met.
- For each adopted child, Federal financial participation for nonrecurring adoption expenses shall be available at a 50% rate for expenses incurred up to $2,000.
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Authority
The provisions of this § 3140.205 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201-211, 701-774, 901-922 and 1001-1080).
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Source
The provisions of this § 3140.205 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392; amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114543) to (114544).
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§ 3140.206. State reimbursement.
State reimbursement of county agency costs for adoption assistance shall be 80% of one of the following:
- Adoption assistance payments or nonrecurring adoption expenses, or both, when the child is not eligible for Federal financial participation.
- When the child is eligible for Federal financial participation, the remainder of costs for adoption assistance payments or nonrecurring adoption expenses, or both, after Federal financial participation has been deducted.
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Source
The provisions of this § 3140.206 amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial page (114544).
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§ 3140.207. Entitlement to other services and benefits.
- Notwithstanding another provision of law, families with a signed adoption assistance agreement, who are providing care for a child whom they intend to adopt under sections 771-774 of the Public Welfare Code (62 P. S. § § 771-774) and in accordance with this chapter are not liable under the Mental Health and Mental Retardation Act of 1966 (50 P. S. § § 4101-4704) or the Support Law (62 P. S. § § 1971-1977) if the child needs services or assistance available under these statutes. A child for whom an adoption assistance agreement has been entered and is living with a family who will or has already adopted under the Pennsylvania Adoption Assistance Program is considered a family of one:
- By the county board of assistance in determining eligibility for Medical Assistance.
- By the local offices of Mental Health and Mental Retardation in determining eligibility for mental health and mental retardation services.
- A child who qualifies for Federal Financial Participation is automatically eligible for services under Title XX (42 U.S.C.A. § § 1397-1397f) and Title XIX (42 U.S.C.A. § § 1396-1396q)-Medicaid-of the Social Security Act.
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Source
The provisions of this § 3140.207 amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114544) and (128297).
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Cross References
This section cited in 55 Pa. Code § 4305.33 (relating to income to be considered).
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§ 3140.208. Procedures.
The county agency shall follow the procedures and execute the forms required by the Department for eligibility determination or documentation, Federal financial participation, State reimbursement and statistical reporting.
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§ 3140.209. [Reserved].
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Source
The provisions of this § 3140.209 reserved October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial page (128297).
§ 3140.210. Right to hearing and appeal
- A child applying for or receiving adoption assistance or a person acting on behalf of a child has a right to a Departmental hearing to appeal:
- By the county board of assistance in determining eligibility for Medical Assistance.
- By the local offices of Mental Health and Mental Retardation in determining eligibility for mental health and mental retardation services.
- The hearings will be conducted in accordance with Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) unless otherwise provided by this chapter.
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