Adoption Assistance by State-2

Adoption Assistance by State

2. What are the eligibility criteria for your State-funded adoption assistance program?

Alabama
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the permanent custody of the state of Alabama Department of Human Resources or an Alabama licensed child placing agency.

Alaska
In order to be eligible for State-funded adoption assistance a child must meet be a special needs child as defined above and in the custody of the State of Alaska/Office of Children’s Services.

American Samoa
No answer provided to this question.
Arizona
In order to be eligible for State-funded adoption assistance a child must be in the custody of the Arizona Department of Economic Security or licensed private child placing agency in Arizona, and be a child with special needs as defined in Question 1.

Arkansas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Arkansas. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements.

California
In order to be eligible for State-funded adoption assistance a child must be the subject of an agency adoption and one of the following circumstances applies:

Under the supervision of the County Welfare Department (CWD) as the ward of a legal guardianship or as a juvenile court dependent or
Relinquished to a licensed California private or public adoption agency or to another public agency operating a Title IV-E program on behalf of the State, and would otherwise have been at risk of dependency as certified by the CWD or
Committed to the care of California Department of Social Services (CDSS) or a licensed private or public adoption agency pursuant to Family Code section 8805 or 8918 (failed adoptive placements).
Colorado
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a county Department of Child Welfare Services.

Connecticut
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

Delaware
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in foster care, and in the custody of the state of Delaware prior to adoption.

District of Columbia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and must be in the custody of the Child and Family Services Agency (CFSA) of the District of Columbia.

Florida
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

Georgia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and have been in the permanent custody of the Georgia Department of Human Services (DHS).

Guam
No answer provided to this question.
Hawaii
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State of Hawaii Department of Human Services.

Idaho
To be eligible for State-funded adoption assistance a child must be found to have special needs as defined in Question 1 and be in the custody of the Idaho Department of Health and Welfare.

Illinois
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

Indiana
"State-funded" adoption assistance in Indiana is currently funded through local county funds as a "County Adoption Subsidy" (CAS).

It is the court that decides if the child is hard to place and whether county adoption assistance should be awarded. When county adoption assistance is petitioned for, the judge of the court in which the adoption is finalized has discretion to determine eligibility and the amount of the adoption assistance payment. Adoptive parents can initiate application, but approval is a judicial determination issued in a court order. Children must be in the custody of the state of Indiana to be eligible for State-funded (county) adoption assistance.

Please note: Due to new legislation 'County Adoption Subsidy' policies will change on January 1, 2009. This page will be updated once specific information is available.

Iowa
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the guardianship of the state of Iowa, county, or a child placing agency licensed by the state immediately prior to adoption.

Kansas
In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. Eligible children in custody of Kansas Department of Social and Rehabilitation Services (SRS) or a licensed nonprofit child placing agency may receive one or more of the following types of adoption assistance: medical assistance, Title XIX (Medicaid), monthly adoption assistance payment, special adoption assistance payment, and non-recurring adoption expenses. Children placed by the courts, adoption brokers, parents, and other individuals are not eligible for state adoption assistance, even if they were previously in state custody. These children are not eligible for non-recurring adoption expenses. In addition to having a special need the following criteria must be met when determining a child’s eligibility for State-funded adoption assistance:

It must be determined that the child cannot or should not be returned to the home of the parents
It must be established that reasonable efforts were made to place the child without assistance
Kentucky
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state. Department of Community Based Services (DCBS) staff must also determine that a reasonable, but unsuccessful effort was made to place the child without providing adoption assistance.

Louisiana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Louisiana (foster care). Additionally, the adoptive family must undergo an income analysis often referred to as a means test. The income analysis is conducted to determine whether or not a prospective adoptive family’s annual income exceeds the State’s eligibility requirements to qualify for state funded maintenance subsidy for adoption of a special need child.

Maine
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Maine, the tribes, or other licensed child-placing agency.

Maryland
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above or the adoptive family’s income may make them eligible even if the child does not meet the definition of special needs. An assessment is conducted to determine if the adoptive family’s resources are limited and are within state eligibility requirements.

Massachusetts
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in the custody of the Department of Children and Families, and the Department must sponsor the adoption. Determinations of eligibility for State-funded adoption assistance do not consider the resources of the family; however the amount of assistance is affected by the resources of the family.

Michigan
In order to be eligible for State-funded adoption assistance, a child must be a special needs child as defined above and under the jurisdiction of a Michigan court due to a finding of abuse and neglect.

Minnesota
In order to be eligible for Sate-funded adoption assistance a child must be a special needs child as defined above.

Mississippi
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

Missouri
Eligibility for State-funded adoption assistance is the same as eligibility for Title IV-E adoption assistance.

Montana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under eighteen years of age at the time the adoption assistance agreement is signed, legally free for adoption and under the placement and care responsibility of the state of Montana (DPHHS). The state must determine that reasonable efforts have been made to place the child adoptively without subsidy.

Nebraska
In order to be eligible for State-funded adoption assistance a child must be 18 years old or younger, a special needs child as defined above, legally free for adoption, and a ward of the state of Nebraska in the custody of the Department of Health and Human Services at the time the adoption petition is filed.

Nevada
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State or County agency which provides child welfare services or other Nevada Licensed Child Placing Agency.

New Hampshire
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above. Eligibility is based on the needs of the child and the circumstances of the adoptive parents.

New Jersey
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

New Mexico
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.

New York
In order to be eligible for State-funded adoption assistance an individual must meet the state definition of child and the criteria of either "handicapped" or "hard-to-place" as defined above. The child must be in the custody of a social services official or voluntary authorized agency or certified or approved foster parent(s).

North Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in the placement responsibility of a North Carolina agency authorized to place children or have been in the placement responsibility of a North Carolina agency and custody was given to person who is pursuing adoption, and legally free for adoption.

North Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public, private or tribal agency prior to adoption.

Northern Mariana Islands
No answer provided to this question.
Ohio
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public children services agency or private child-placing agency. The child must also be under the age of eighteen, or between the ages of eighteen and twenty-one with a mental or physical disability as diagnosed by a qualified professional, placed in an adoptive home approved by a public children services agency, private child placing agency or private non-custodial agency. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements. The adoptive family must have the capability of providing the permanent family relationships needed by the child in all areas except financial need, in need of services beyond the economic resources of the adoptive family and that it would not be in the best interest of the child to place the child with the prospective adoptive parent(s) without providing assistance.

Oklahoma
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under the age eighteen, and previously in the court ordered custody of Oklahoma Department of Human Services (OKDHS) or a federally recognized Indian tribe as defined by the federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act.

Oregon
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.

Pennsylvania
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, less than eighteen years of age, in foster care for no less than six months, and in the legal custody of a county agency or agency approved by the Department of Public Welfare (DPW).

Puerto Rico
No answer provided to this question.
Rhode Island
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.

South Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the state of South Carolina for placement.

South Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in state custody and legally free for adoption.

Tennessee
In order to be eligible for State-funded adoption assistance a child must meet the definition of special needs as defined above and be in the custody of the state of Tennessee Department of Children’s Services or a Tennessee-licensed child-placing agency, public or non-profit, immediately preceding adoptive placement or in full guardianship.

Texas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and under the managing conservatorship of the state of Texas (in state custody/under jurisdiction of the state).

Utah
In order to be eligible for State-funded adoption assistance a child must be a child with special needs as defined above and have been in the custody of the state of Utah.

Vermont
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the care and custody of the state of Vermont.

For more information see Adoption Assistance for Children in Vermont Foster Care, link: http://dcf.vermont.gov/sites/dcf/files/pdf/fsd/adoption/adopassistguide.pdf.

Virgin Islands
No answer provided to this question.
Virginia
In order to be eligible for State-funded adoption assistance a child must be legally free for adoption and be a special needs child as defined above, be in the custody of a local department of social services or private child placing agency, and be under the age of 18. A child may also receive state adoption assistance based on the eligibility criteria of having significant emotional ties with the foster parents with whom the child has resided for at least 12 months.

Washington
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, is in state funded foster care, or likely to be placed in foster care.

West Virginia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and a dependent of the Department of Health and Human Resources in the custody of the state of West Virginia or a child welfare agency licensed to place children for adoption in West Virginia.

Wisconsin
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. If the child is an American Indian, adoption procedures shall be in accordance with 25 USC 1901-1963 available at http://www4.law.cornell.edu/uscode/25/ch21.html.

Wyoming
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and the following conditions must also be met by the child at the time of adoption placement:

Legally free for adoption
In the legal custody of the Wyoming Department of Family Services (DFS) or a child placement agency certified by the State of Wyoming
The financial responsibility of the Wyoming Department of Family Services or a Wyoming certified, private child placement agency
DFS has determined the adoptive parent can provide for the non-financial needs of the child
Reasonable efforts to place the child without adoption assistance have proven unsuccessful