Advertisements
just adopted a 2 y/o that is not considered special needs (despite having been exposed to drugs), now we are in the process of adopting half-brother (also drug expose). when the adoptions are done wont they qualify as a sibling Group even though they where not adopted at the same time? i just found out about the tax credit/ subsidy ( live in oklahoma by the way) the 2 y/o was given state medcaid but dhs told us she wouldnt qualify for anything else.
Like
Share
Advertisements
The IRS has several criteria for calling a child "special needs". If the child(ren) meet all the criteria, then the adoptive parent qualifies to take the entire federal adoption tax credit regardless of the adoptive parent's expenses during the adoption. The IRS says: So, if your child is a US citizen, was adopted from foster care in the US, and you receive ANY kind of assistance to help with that child's needs, then you qualify. ANY kind of assistance includes that "state medicaid". You don't have to pay for that child's health care, the state pays for it. Therefore you receive assistance. Therefore the child qualifies as special needs, so you qualify for the federal adoption tax credit. You don't need to wait for the second child, this child qualifies as special needs regardless of the sibling, for IRS tax returns.
A child is a child with special needs if all three of the following statements are true. 1. The child was a citizen or resident of the United States or its possessions at the time the adoption effort began (U.S. child). 2. A state (including the District of Columbia) has determined that the child cannot or should not be returned to his or her parents' home. 3. The state has determined that the child will not be adopted unless assistance is provided to the adoptive parents. Factors used by states to make this determination include: a. The child's ethnic background and age, b. Whether the child is a member of a minority or sibling group, and c. Whether the child has a medical condition or a physical, mental, or emotional handicap.
Thank you, that answers one of my questions. To clarify what my questions were....I was also wondering if they would qualify as a "sibling group" (and thus be eligible for a state subsidy) after we have adopted the other child. Our state worker was unsure about this and we have not yet found any information on it.
You want to check [url=http://www.nacac.org/adoptionsubsidy/stateprofiles.html]NACAC | Adoption Subsidy[/url]. Click on your state, and you will see the things the state has to consider when deciding if a child (or children) qualify for adoption subsidy. In Oklahoma, it states that to be eligible for a subsidy the child must fall in one of several category choices, which includes so it looks like you might have a case for describing this second child as "a member of a sibling group that is placed together" with the other member of his sibling group (ie: his sister who was already with you) and therefore they qualify for adoption subsidy. But it might be a difficult figut to win, because others will argue back that the siblings were not placed "together", they were each placed in the same home independently of each other. You will have to be convincing. Further down it states: So your best bet is to work with your adoption worker. Get her to agree with you, and to write the paperwork for the Subsidozed Adoption Review Committee as if it is the most obvious thing on earth that these children who are now together should receive the subsidy. She'll need to agree with you, write the paperwork that way, and defend that position if the committee has any questions or disagreements. If you can find other families with siblings placed in this way who receive subsidy, she can cite those cases as examples. I wish you success!
c. Member of a sibling group of any age placed together
15. Who makes the final determination of a child's subsidy eligibility in Oklahoma? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? Adoption workers assist families in making applications and negotiating monthly payments. A Subsidized Adoption Review Committee determines eligibility.