Children and Family Services is responsible for providing adoption services to children placed into the legal guardianship of SRS, whose parental rights have been terminated or relinquished and the case plan goal is adoption. SRS has legal custody and guardianship of the child when the rights of both parents are terminated and the court awards SRS the authority to consent to adoption.

Children who meet the definition of special needs may qualify for adoption assistance at the time they are placed for adoption. Refer to section 6200 of the CFS Policy and Procedure Manual.

Adoption assistance is a program designed to remove barriers to adoption for children with special needs. Information regarding eligibility requirements is contained in this section.

4110 Types of Adoption Assistance

There are four types of adoption assistance available to families to help them integrate a child into their family. It should not be assumed that all families will need all types of adoption assistance. Adoption assistance is not intended to meet the full maintenance needs of the child.

For children who meet the definition of special needs, SRS helps families access any and all resources for which the child is eligible.

Kansas children who meet the definition of special needs who are placed for adoption by individuals or the court (not through SRS) are eligible for non-recurring adoption assistance only.

Each type of adoption assistance is listed below and described in section 6200 of the PPM:

Medical Assistance
Monthly Subsidy Payment
Special Service Payment
Non-recurring Expense

4111 Opening an Adoption Assistance Case

See Appendix B for detailed data entry instructions on opening an adoption assistance case in KAECSES.

4112 Required Forms and Documentation

The following forms are required to initiate an Adoption Subsidy payment:

Adoption Placement Agreement
Adoption Assistance Agreement CFS 4022
Eligibility for Adoption Assistance CFS 4019

Adoption Subsidy payments cannot begin earlier than the date on the Adoption Placement Agreement. The first month’s Adoption Subsidy amount shall be prorated.

In order for the child to continue to receive medical assistance as part of the adoption assistance, refer to section 3410A for information on the process to be followed.

4113 Payment Procedures For Adoption Subsidy

Payments for adoption subsidy are generated from an open adoption assistance (AS) case on the KAECSES system. (See Section 3260 for details.)

4200 Purchase Limitations and Guidelines

4210 Special Service Payment

A special service payment may be authorized on a time limited or one-time only basis if the child has a specific need which cannot be met through Medicaid, the monthly subsidy payment or another resource. Services are limited to a maximum of six (6) months. Plans totaling $1,000.00 or more, require prior approval from central office. Requests for approval are to be submitted in writing.

The specific service payment must be identified on the adoption assistance agreement. Specify the length of service and the amount to be paid. Specify amount to be paid if payment is one time only.

Note: The child may have a Wards Account or a Dedicated Account which can be used to purchase necessary items.

4211 Payment Procedures For Special Service Payment

Special Service Payments based on authorization in the adoption assistance agreement are made utilizing open KAECSES case and customer ID numbers. These payments are generated from VenPay, not KAECSES.

4212 Required Forms and Documentation for Special Service Payment

An ADM 3465 shall be completed by CFS staff with a copy of the adoption assistance agreement, which authorizes the payment attached. Also attach an itemized bill for the item or service purchased. Use the applicable adoption assistance state-only PCA codes.

4220 Non-Recurring Adoption Expenses

All families who adopt a Kansas child who meets the definition of special needs are eligible for a non-recurring expense payment. Payments cannot be made until the adoption is finalized. Although we have an agreement with the family, no payments shall be made if the adoption disrupts prior to finalization.

Definition of a Kansas Child:

A Kansas child is a child who is in the custody of the Secretary or a private child placing agency and is placed for adoption with an adoption assistance agreement. A Kansas child is also a child in which the adoption petition is filed in Kansas and the child does not receive adoption subsidy from another state.

Allowable Reimbursement

Families may be reimbursed up to $2,000.00 for the finalization of the adoption. Reimbursement is for reasonable and customary fees for:

attorney fees
court costs including filing fees
other costs associated with the legalization of the adoption and which are not incurred in violation of State or Federal Law.

Families may also be reimbursed for:

transportation for pre-placement visits with the child and reasonable costs of food and lodging when necessary to complete the adoption process.
health and psychological exams
the home study fee (there is no charge for families adopting children placed by the state).

Reimbursement to the Family Post Finalization

Reimbursement is made to the family based upon the adoption assistance agreement.

Reimbursement may not be made directly to the attorney except under the following circumstance:

Assignment of Benefits:

A family may sign “assignment of benefits” to the attorney representing the finalization of the adoption. The attorney shall submit the assignment of benefits with the bill for services (court cost, attorney fees, etc.) along with the decree of adoption. Payment will be issued in the adoptive parents name and directed to the attorney’s address.

Adoption Assistance Agreements for Non-recurring Expenses:

Adoption assistance agreements are to be completed prior to the finalization of the adoption.

Form CFS 4022 “Adoption Assistance Agreement” is used for children who receive other types of adoption assistance.

Form CFS 4020 “Non-Recurring Adoption Assistance Agreement” is signed for families eligible for non-recurring only.

Form CFS 4019 will be used to document eligibility for adoption assistance. All supporting documentation used to determine eligibility should be attached to the CFS 4019 (Eligibility for Adoption Assistance) and placed in a separate adoption assistance folder in both the financial file and in the child's permanent case file.

4221 Payment Procedures For Non-Recurring Expenses

Non-recurring expense payments are made according to authorization provided on form CFS 4020 or CFS 4022. Utilize active KAECSES case and customer ID numbers. These payments are generated from VenPay, not KAECSES.

4222 Required Forms and Documentation

An ADM 3465 shall be completed by CFP staff with a copy of CFS 4020 or

CFS 4022 attached. Use the “adoption non-recurring expense” PCA codes.

4223 Annual Review of Adoption Assistance

A redetermination of eligibility for adoption assistance is not required. An annual review of open adoption assistance cases is required to determine if the family continues to be legally and financially responsible for the child. A CFS-4023 Adoption Assistance Review will be sent to the family annually. The family must return the form within thirty (30) days. If the family fails to return the review within 30 days, the family is sent written notice that the case maybe suspended if the CFS 4023 is not returned within 15 days.

If the family should request to speak to a social worker for any reason, a copy of the CFS-4023 is forwarded to the case social worker.

See Section 3260 for details for Ongoing Eligibility and PPM Section 6280.

4300 Finalization of Adoption Assistance Cases

Upon finalization of the adoption, the KAECSES case shall be closed unless there is a adoption assistance agreement in effect. If so, the case remains open only to monitor and maintain the assistance agreement.

Adoption assistance cases originate in the county that has responsibility for the child. The adoption assistance case shall be transferred to the county of residence of the family upon finalization. If the family moves out of the State of Kansas, the adoption assistance case remains in the county in which the family was living prior to the move.

The following will initiate the termination of the subsidy agreement:

adoptive parent’s request
child reaches 18 and has graduated from high school
child reaches the age of 21 years, provided that prior approval has been given to extend the assistance plan beyond the child’s 18^th birthday due to the child’s

physical or mental handicap, or because the child is in high school

NOTE: Prior to the time the child is 18, the adoptive parents may submit information to SRS documenting the child has a physical or mental handicap which would warrant continued assistance past age 18. A fair hearing may be requested if the request is denied.

adoptive parent is no longer legally responsible for the child

NOTE: If a child enters out of home care for longer than 30 days the adoptive parents are to

renegotiate the adoption assistance monthly payments . If the plan is not reunification

adoption assistance will terminate.)

adoptive parent agrees assistance should be time limited based on the child's

needs and circumstances of the adoptive parents

SRS will provide the adoptive parents 30 days notice of plans to close the adoption assistance case. The notice will provide the basis for the decision of the planned closure, and inform the family of the right to request an agency fair hearing.