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Hi, we are close for finalizing on the adoption of our 2 girls 13 and 4. We live in Alabama and some things we are hearing now is not what we were told when attending classes to foster. We are fixing to sign some paperwork for our subsidy and for the adoption, we can only get subsidy for our 13 year old, she is the only one who can still recieve medicaid, and she is the only one that dhr will pay attorney fee and court costs for, because she is over 8. We were wondering is this was right for Alabama we were told at first that dhr would pay adoption costs for all foster children and they would all recieve medicaid until age 18. We also have to pick our own attorney, we were given the name of 2 or we can get our own. We are starting to think something is fishy about this adoption. We are still going through with it and will pay the fees for our 4 yo. Has anybody in Alabama adopted siblings with this situation before?
Thanks
sherry234
Certification for subsidy; procedures; approval of plan.
When foster parents are the prospective adoptive parents, certification of the child's eligibility for a subsidy shall be conditioned upon his adoption by the said prospective adoptive parents under applicable Alabama adoption policies, procedures and statutes.
In all other cases, after reasonable efforts have been made and no appropriate adoptive family without the use of subsidy has been found for a child, the State Department of Human Resources shall certify the child as eligible for a subsidy in the event of adoption.
If the child is in the permanent custody of a voluntary licensed child-placing agency, that agency shall present to the State Department of Human Resources (a) evidence to support the existence of potential danger to the child in severing his emotional ties with his foster parents who are the prospective adoptive parents, or (b) evidence of inability to place the child for adoption due to any of the other conditions specified in Section 26-10-22. In the latter case, the agency shall present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of potential parents, use of adoption resource exchanges and referral to appropriate specialized adoption agencies.
The decision concerning certification of the child for subsidy shall be made by the State Department of Human Resources. Evidence submitted by the voluntary licensed child-placing agency shall serve as a basis for the decision and the State Department of Human Resources may request and receive from the voluntary licensed child-placing agency additional information which the State Department of Human Resources considers necessary to the decision.
If the State Department of Human Resources approves the subsidy plan, it will draft and sign jointly with the adoptive parents the subsidy agreement. The State Department of Human Resources will be the administrator of the subsidy agreement according to its regulations and the terms of this article.
The voluntary licensed child-placing agency shall continue supervisory responsibility for the child and the family until after the final adoption decree has been issued.
Found here: [url=http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/26%2D10%2D24.htm]Section 26-10-24[/url]
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Medical assistance; applicability.
(a) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the medicaid office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. The adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
(b) The terms of the compact entered into by the department and addressed in this statute will apply to children who are the subject of a federal adoption assistance agreement. At the department's option, and in concurrence with the Alabama Medicaid Agency, the state may elect to provide the benefits described in this statute to children who are the subject of a state adoption assistance agreement, in which case the Department of Human Resources will pay the state's share of the cost of Medicaid coverage for children who are the subject of a state adoption assistance agreement and who are also eligible for Medicaid according to applicable federal and state laws and regulations.
(c) The state medicaid office shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(d) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state.
Found here: [url=http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/26%2D10b%2D7.htm]Section 26-10B-7[/url]