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September 23, 2019 Adoption

Advocating for Adoption Assistance

By: Jennifer Hostetter

For the most part, foster parents receive a large amount of financial support from their State to help provide for the daily needs of foster children in their home. Most would argue, and they would not be wrong, that the financial support received is not enough. Too add to this strain, when a foster child can be adopted, additional cuts in these subsidies make it harder on those willing to adopt. Because of this, it is important to know and understand the adoption assistance subsidy programs available, how the subsidy is determined, how to challenge them, and how to maximize your client’s adoption subsidy.

It is important for practitioners to know and understand the adoption assistance subsidy programs available.

It is important for practitioners to know and understand the adoption assistance subsidy programs available.

Credit: Jose Luis Pelaez Inc via GettyImages

In most states, there are other financial resources available other then the daily per diem. For example, states offer health insurance, residential treatment services when needed, additional financial resources for medical or therapeutic needs not covered by insurance, and continuing education programs. It is important to familiarize yourself with all financial resources available to your client so that you can negotiate each resource on their behalf.

Generally, these subsidies have to be negotiated and accepted prior to the final adoption decree. In negotiating the daily per diem, it is beneficial to point out estimated costs of education, including but not limited to school supply costs, musical instruments, field trips, and the increasing demand for one to one programs which requires students to provide their own laptop. It is also important to point out any extraordinary education or medical needs the child may have now or in the future. Another important negotiating point that may help maximize the subsidy is childcare costs. Childcare vouchers/subsidies that are offered while the child is in foster care, are typically lost after adoption. Most states do not offer childcare subsidies post-adoption. This can also be a basis for negotiating a higher daily per diem.

Jennifer J. Hostetter

Esq., Indianapolis, IN

Broyles Kight & Ricafort, PC

ABA Section of Family Law Adoption Committee Chair

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