SOP 2.5.7(A)
R 1/15/09
R. 3/15/09
CONTINUATION OF TITLE IV-E
ADOPTION ASSISTANCE AFTER AGE 18
COA STANDARDS:
NA
LEGAL AUTHORITY:
42 U.S.C. 673 (a)(4)
KRS 199.557
922 KAR 1:060 Federal Title IV-E adoption assistance
INTRODUCTION:
An adopted child may have a disability as determined by the Social Security Administration or by a Cabinet medical review team that allows for continuation of Title IV-E adoption assistance after the age of eighteen (18). Disability includes an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) and can be expected to result in death or last for a continuous period of not less than 12 months.
The Department for Disability Determination Services’ (DDS) medical review team considers the following factors at least six (6) months prior to the youth’s eighteenth birthday to allow or deny a disability determination for an adopted child:
The child’s medical history and medical testimony, including information relating to the alleged physical or mental disability, illness or impairment as to whether the child’s ability to gain full-time employment or pursue opportunities within a state or federal education program are reduced;
The child’s age, employment history, education, and effect of the physical or mental condition on the ability to care and support self.
PROCEDURES:
1.The R&C worker provides the DPP-601, Referral for Determination of Disability to Continue IV-E Funded Adoption Assistance, MRT-15 Procedural Instructions, and MRT-15, Release of Informationto the adoptive family for completion.
2.The R&C worker requests that the adoptive family provide current (within one year) supporting documentation including, but not limited to:
(a)Educational testing,
(b)Individual Education Plans (IEPs);
(c)Medical records; or
(d)Psychiatric hospital records.
3.For consideration by the medical review team, the R&C worker reviews the provided information and forwards the DPP-601, MRT-15 and applicable supporting documentation to:
Adoption Branch
275 East Main Street, 3C-E
Frankfort, Kentucky 40621
4.When the medical review team makes a disability determination, a report is provided to the DPP Adoption Branch. Adoption Branch staff forwards the report to the R&C worker and the adoptive family.
5.If a disability determination is denied, the R&C worker:
(a)May consult with Adoption Branch staff;
(b)May refer the youth for further assessment of abilities when necessary; and
(c)Follows procedures outlined in SOP 2.5.5, Discontinuance of Adoption Assistance.
6. If a disability determination is approved, the SSW contacts the child’s Children’s Benefits Worker (CBW) in order to ensure continuation of the child’s medical card to age 21.