Adoption Assistance for Children Adopted From Foster Care: A Factsheet for Families

Adoption Assistance for Children Adopted From Foster Care: A Factsheet for Families



Series: Factsheets for Families
Author(s): Child Welfare Information Gateway
Year Published: 2004
[ English | Spanish ]
Introduction

In every State there are children with special needs waiting in foster care for adoptive families. The most recent data estimate that 126,000 children are available to be adopted from foster care.1 In the past, the costs of care and services were major obstacles to parents who would otherwise adopt and love these children, and most were not placed for adoption. The Adoption Assistance and Child Welfare Act of 19802 provided the first Federal subsidies to encourage the adoption of children from the nation's foster care system. These subsidies, known as adoption assistance, serve to minimize the financial obstacles to adoption. In addition, other types of assistance often are available to help with medical care or other services. Adoption assistance serves to remove barriers and contribute to an increase in adoption of children with special needs.

This factsheet discusses this assistance by reviewing:

Federal Title IV-E adoption assistance
State adoption assistance
Arranging adoption assistance
Federal Title IV-E Adoption Assistance

Adoption assistance from the Federal government is administered under the Federal Title IV-E adoption assistance program. Payments to the parents of an eligible child with special needs can take the form of either one-time (nonrecurring) adoption assistance or ongoing (recurring) adoption assistance. These funds are paid through the State agency or through another public or nonprofit private agency and are available for children being adopted from foster care.

Nonrecurring Adoption Assistance
Nonrecurring adoption assistance is paid or reimbursed for one-time reasonable and necessary expenses directly related to the legal adoption of a child with special needs that have not been reimbursed from other sources or funds. These reimbursable expenses may include the home study fees, attorney fees, replacement of the birth certificate, and travel for visits to the child (including mileage, lodging, and meals). The Federal maximum for this type of assistance is $2,000 for each adoptive placement.3 Some expenses in excess of this amount may be tax deductible.

Recurring Adoption Assistance
Ongoing adoption assistance provides funds that may be used for any identifiable need of the child. These usually take the form of monthly payments to the parents of eligible children. The maximum payment amount may not exceed the amount that would have been paid for maintenance if the child had remained in a foster home in that State. Payments can continue until the child reaches age 18 (or until age 21 where the State determines that the child has a physical, mental, or emotional disability), and these payments continue even if the family moves to another State. While adoption assistance is not taxable, portions could be taxed if the family cannot prove that the amount spent on the child's support was more than the amount of assistance received.4 Families are advised to consult a tax professional.

Eligibility for Federal IV-E Adoption Assistance
Eligibility for Federal Adoption Assistance has two main components, as outlined in this table:

Special Needs Determination
The child must be determined to have "special needs," which include all three requirements listed below.5 (This is required for both nonrecurring and recurring Federal adoption assistance.) Eligibility Requirements
The child must meet any one of four eligibility requirements provided by the law. (These are required only for recurring adoption assistance.)
1. The child cannot or should not be returned home to his or her parent(s).

AND
1. The child was eligible for AFDC6 during the month in which court proceedings were initiated or was eligible within 6 months prior to that time.

OR
2. The child has a "factor or condition" (uniquely defined by each State) that qualifies him or her as having "special needs." Depending on the State, this factor or condition may include:
Ethnic background
Age
Membership in a sibling group
Medical, physical, or emotional condition or handicap
The factor or condition must prompt the conclusion that the child cannot be placed without providing adoption assistance or medical assistance.

AND
2. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before adoption. (A guide to Social Security benefits is available from the Casey Foundation.)

OR
3. An attempt to place the child without adoption assistance was made but was unsuccessful except where it would be against the best interests of the child.7 3. The child's parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated.

OR
4. The child previously received adoption assistance, and his or her adoptive parent died or the adoption was dissolved.

In some cases, prospective adoptive parents may know early on whether the child they are considering for adoption is eligible for adoption assistance. Such information may be included in a photolisting and in background information provided to prospective parents by the agency or social worker. (See the Information Gateway factsheet Obtaining Background Information on Your Prospective Adoptive Child.

Family Income and Determination of Need
Federal law mandates that the resources of the adoptive parents cannot be considered when determining a child's eligibility for Title IV-E adoption assistance.8 However, the circumstances of the family and the needs of the child may both be taken into consideration when determining the amount of assistance.9

Medical Benefits
Children eligible for Title IV-E adoption assistance also are eligible for medical benefits under Title XIX (Medicaid). States may offer additional services through Title XX, which is a flexible block grant of monies from the Federal government to State governments. Title XX services may include counseling, legal aid, respite care, information, referral, and transportation services. States may offer additional adoption preservation services as well. Each State's Title XX program is different. Families should check with their State agency to determine what services are available.

State Adoption Assistance

State adoption assistance programs provide assistance for children with special needs who are not eligible under the Federal IV-E adoption assistance program. This assistance is funded by State and/or county dollars and is designed for children who are neither AFDC- nor SSI-eligible prior to adoption. Eligibility criteria for these programs vary by State, but State adoption assistance programs generally fall into three categories:

Medical assistance covers some or all the costs related to a child's specific medical condition that are not covered by the family's health insurance, as well as associated therapy, rehabilitation, and special education. (Most States call this assistance Medicaid; other States call it something else.)

Direct payment assistance refers to direct payments to the adoptive family to help meet the special physical, mental, or emotional needs of the child.

Supplemental adoption assistance varies greatly by State. Some States cover a child's emergency or extraordinary need; less often, assistance consists of repeated payments for services not covered by the medical or direct payments. Each State determines what is an allowable cost. Some States make this available for 3 months, others for 6 months, while still others provide one-time coverage for a specific service.

Eligibility for State Adoption Assistance and Other Assistance
Eligibility for State adoption assistance varies but is linked to (1) determination of "special needs" from the Federal adoption assistance law (see above) and (2) unique aspects of the State adoption assistance program.

States sometimes consider the prospective adoptive family's income and resources to determine if the family meets State eligibility requirements.

Arranging Adoption Assistance

When a State agency has determined that the child has special needs (as defined by that State), the possibility of adoption assistance is discussed with the prospective adoptive parents. States are responsible for telling prospective adoptive parents about the availability of adoption assistance.10 Most children registered with agencies as having special needs have already been classified as eligible for adoption assistance.

Once a petition for adoption has been filed, a final determination of the child's eligibility under Title IV-E or the State program is made. The family applies for the adoption assistance to the State agency, through the local office. If approved, an adoption assistance agreement is drawn up between the public agency and the prospective parents, specifying the types of adoption assistance to be provided. This is usually done around the time of placement and must be done before finalization of the adoption. Each State has its own regulations for arranging a State-only subsidy, and each State establishes its own procedures to achieve compliance with the Federal Title IV-E program in arranging this type of assistance.

Deferred Adoption Assistance
In some States, it is possible for adoptive parents to defer adoption assistance until it is needed to meet the needs of the adopted child. In these cases, parents can elect to receive a Medicaid card only and sign the agreement with the payment level of $0 - to be raised to meet the needs of the child at a future date. The adoption assistance agreement between the parents and the public agency is written in such a way as to clearly identify what event(s) would trigger services. Often, psychiatric reports and other documentation are necessary to justify the potential need for a future subsidy.

Appealing an Adoption Assistance Decision
Adoptive parents may appeal the State agency's decision regarding adoption assistance or the adoption assistance amount by using the State's fair hearing and appeals process. If the family is appealing a decision regarding a Title IV-E subsidy, the family files an appeal through the local agency that administers Title IV-E assistance. The local agency should inform the family about steps in the State fair hearing process. During the process, some families choose to hire an attorney or seek the advice of advocacy organizations for children with special needs. If a family wishes to appeal a decision regarding State adoption assistance, they should consult the local agency director about the existence of and steps in the State appeals (or "fair hearing") process.

Conclusion

Adoption assistance exists to help parents afford the costs associated with raising a child adopted from foster care. Current trends indicate that States are providing more and more such assistance, as the population of children in foster care shifts and a greater percentage of these children are adopted.11 By providing financial assistance to these families, the State and Federal subsidy programs minimize the financial barriers to these adoptions, so that more children find permanent homes and families.

Adoption assistance payments are not the only type of financial assistance available to adoptive parents. Prospective adoptive parents should explore all potential resources to help make adoption an affordable option. The Information Gateway website offers several factsheets that provide this type of information. For example:

Information on tax benefits and reimbursement for one-time adoption costs is included in the factsheet Costs of Adopting.
Information on employer benefits is contained in the factsheet Employer-Provided Adoption Benefits.
Funding Resources for Adoption Services lists websites of national organizations that provide adoption funding information.
1 This figure is according to Adoption and Foster Care Analysis and Reporting System (AFCARS) data for 2001. See http://www.acf.hhs.gov/programs/cb/pubs/afcars/report8.htm. back
2 See P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://thomas.loc.gov/cgi-bin/bdquery/z?d096:HR03434:@@@D|TOM:/bss/d096query.html. back
3 See the Children's Bureau website for further information: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=50#745. back
4 For a more complete explanation, see http://www.nacac.org/adoptionsubsidy/factsheets/taxes.html. back
5 See the text of the P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://assembler.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000673----000-.html. back
6 This requirement dates back to the Title IV-E plan that was in effect prior to enactment of P.L. 104-193 and uses the AFDC definition of "dependent child" that was in effect July 16, 1996. P.L. 104-193 replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, but the definition of "dependent child" is still used. See www.acf.hhs.gov/programs/ofa/ for more information on the TANF program. back
7 For the full text, see http://assembler.law.cornell.edu/uscode/42/673.html. back
8 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=81 to read the section of the Child Welfare Policy Manual that says that States cannot employ a "means test" in negotiating adoption assistance agreements. back
9 The full text of the law can be found at (http://assembler.law.cornell.edu/uscode/42/673.html). back
10 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=176 for information from the Child Welfare Policy Manual stating that it is the responsibility of the State to notify parents of adoption assistance availability. back
11 See http://aspe.hhs.gov/hsp/fostercare-issues02/adoption/index.htm for F. H. Wulczyn and K. B. Brunner's (2002) paper on statistics and projections of children adopted from foster care. back

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

The Need for Child Protective Services Reform in the United States

The Need for Child Protective Services Reform in the United States - Associated Content from Yahoo! - associatedcontent.com

Litigation is Our Only Hope for True Child Protective and Child Welfare Reform


Dan Weaver, Yahoo! Contributor Network
Mar 28, 2008
Child Protective Services took my child in October 2004 based on false allegations. I had to fight to get her back and finally did, but not before Child Protective Services had caused great harm to my child and my family.

While there have been attempts at child protective reform in recent years, there has not been any meaningful child protective reform in the United States, but there needs to be. One of the biggest problems with Child Protective Services (CPS) is that child protective caseworkers spend too much time investigating false allegations and therefore are unable to investigate real cases of neglect and abuse. So we have the anomaly of innocent parents rotting in prison, while children still die from abuse.

The Center for Disease Control in Atlanta claims that there are three million child abuse reports made every year. Two million of those reports are without merit. What has created this situation?

Mandated reporting is the primary culprit. Doctors, nurses, teachers, psychiatrists and numerous other professions are required by law to report any suspicions of child abuse and neglect. If they don't, they can be charged with a felony and go to jail. So to protect themselves, mandated reporters report things that they wouldn't report if the threat of jail wasn't hanging over their heads.

We need to get rid of mandated reporting. We need to trust doctors, nurses and teachers to make the right decision when they suspect abuse and neglect. This would cut down on the number of baseless child abuse reports and give Child Protective Services the time and money to concentrate on real abuse.
Currently, filing false abuse reports is only a misdemeanor in most states, and it is not taken very seriously. It needs to be made a felony. I listened to a guy on talk radio the other day who has had twelve false


reports of child abuse made against him. Even CPS admits that he is innocent, but they claim they cannot do anything about it. Someone has it in for this guy and is using CPS to retaliate against him. If it was a felony to file false reports of child abuse, the number of false reports would diminish and CPS would have the time and resources to investigate real abuse.

There are several other areas where Child Protective Services needs reform. If CPS investigates you, they have sixty days to issue a report. CPS can find that the allegations are unfounded or they can indicate them, which means that they believe there is some credible evidence to substantiate the report.

If a report in indicated, your name automatically goes on the State Central Register for Child Abuse and Neglect, even before you have a trial or hearing. (Sex offenders, on the other hand, aren't placed on the sex offender registry until after their trial.) People who have been accused of child abuse or neglect are punished even before they can prove their innocence because employers use the register to check on prospective employees.

In Missouri, several laws concerning Child Protective Services have been successfully challenged. The standard of proof for indicating a report has been raised from some credible evidence to a preponderance of the evidence, and your name cannot be placed on the registry unless you have been given due process through a trial or fair hearing.

Unfortunately, lawmakers will not bring about Child Protective reforms. Any attempt to reform either Child Protective or Family Court laws are seen as being soft on child abuse, rather than an attempt to protect innocent people, give people their due process rights and allow CPS the time to investigate real abuse claims rather than bogus ones.

CPS reform will take place in the courts, not the legislatures, just as it has already to some degree in Missouri. Parents who are falsely accused must challenge the laws and, if necessary, bring law suits against those who trespass on their constitutional rights.

While I dislike the idea of litigation, our politicians have cut off all other options. Litigation is our only hope for real child protective reform.

Child Protective Services-Drugging Our Children

Child Protective Services (CPS)


We are very concerned about Child Protective Services legally forcing children", default", even in foster homes, to take psychotropic drugs.

These psychostimulant medications are comparable to cocaine and the antidepressants are now known to cause suicidal thoughts and suicide among children.

Who is paying Child Protective Services to force children to take lethal, addictive drugs for, non-medical reasons?

I personally feel that Child Protective Services ability to force lethal addictive drugs on children, is no different than those sitting in prison for for the same thing.

I feel this activity is criminal. The war against drugs should begin with schools and Child Protective Services pushing psychotropic drugs on Americas children.

Is Child Protective Services being lead to believe behaviors listed in the DSM-IV are real medical issues?

Do they not know that the behaviors listed in the criteria for ADHD can be handled without drugs?

Doesn't Child Protective Services know the harms of these drugs heavily outweigh the unscientific mental disorders schools are using to drug children into submission.

Who is financing Child Protective Services?

Child Protective Services in the United States is primarily the responsibility of state and local governments, operating within a framework created by federal law and funding. This means that both state and federal governments are responsible for the unnecessary forced drugging of children.

School officials are notifying Child Protective Services when Parents and guardians are opposed to harming their children with lethal psychiatric drugs for non-medical, non-biological mental disorders (Childish behaviors).

Child Protective Services have charged parents and guardians with educational and emotional neglect for their refusal to drug their children for non-medical, non-biological mental disorders listed in the DSM-IV.

Child Protective Services have removed children from their loving homes and have had children drugged against the will of parents, guardians, and children, because parents and guardians choose to protect their children from the dangers of psychiatric drugs.

School corporal punishment has been replaced with dangerous psychotropic drugs. Children are being drugged into submission at the expense of their physical and mental health.

Drug Information-The Following Drugs have been given the BLACK BOX label. (Highest warning available by the FDA)

Drug Information


Drug information: Some of the following drugs are used for ADD and ADHD.

The Following Drugs have been given the BLACK BOX label. (Highest warning available by the FDA)

This list of medications link directly to the FDA website and require Adobe® Acrobat Reader to view.

There two important points to take note in all of these documents provided by the FDA.

They all have the warning that they can cause sudden death (Black Box Warning). Although they go on to mention that this is in children that have a preexisting heart condition", default"http://www.adobe.com/go/EN_US-H-GET-READER">Adobe® Acrobat Reader to view.
There two important points to take note in all of these documents provided by the FDA.

They all have the warning that they can cause sudden death (Black Box Warning). Although they go on to mention that this is in children that have a preexisting heart condition, it is also important to remember that these are Central Nervous System Stimulants. Stimulants have been widely known to 'cause' cardiac trouble.
These drugs have side effects that can not only mimic the adhd behaviors that they are meant to treat but cans aggravate and cause NEW psychiatric symptoms and behaviors such as bipolar illness and aggressive/hostile behaviors.
Ritalin FDA Medication Guide Adderall FDA Medication Guide Dexedrine FDA Medication Guide Concerta FDA Medication Guide Vyvanse FDA Medication Guide Daytrana FDA Medication Guide Desoxyn FDA Medication Guide Focalin FDA Medication Guide Metadate FDA Medication Guide Methylin FDA Medication Guide

Amphetamine/amphetamine type

Ritalin: depression, chronic abuse can lead to tolerance and psychic dependency with varying degrees of abnormal behavior. Frank psychotic episodes can occur. Patients with agitation may react adversely. CBC and platelet count (lab work) are advised. Long-term affects have not been established.

Cardiac side effects: necrotizing vasculitis, thrombocytopenia purpura, blood pressure and pulse changes, rapid heart beat, cardiac arrhythmia, angina.

Adderall: Amphetamine with high potential for abuse, controlled substance, may lead to drug dependence, may exacerbate behavior disturbances and thought disorders, and psychotic episodes.

Cardiac side effects: palpitations, rapid heartbeat, hypertension, cardiomyopathy with chronic use of amphetamines.

Dexedrine: Amphetamine with high potential for abuse, controlled substance, may lead to drug dependence, psychotic episodes.

Cardiac side effects: palpitations, rapid heartbeat, hypertension, cardiomyopathy with chronic amphetamine use.

Selective Serotonin Reuptake Inhibitors (SSRI)

Prozac: Anxiety, restlessness, mania/hypomania, seizures, suicide, impaired judgment, agitation, amnesia, confusion, emotional lability, apathy, depersonalization, hallucinations, hostility, paranoid reaction, personality disorder, delusions.

Cardiac side effects: hemorrhage, hypertension, angina, arrhythmias, congestive heart failure, heart attack, rapid heart beat, atrial fibrillation, cerebral embolism, heart block.

Zoloft: Mania/hypomania, suicide, agitation, anxiety, emotional lability, apathy, paranoid reactions, hallucinations, aggressive reactions, delusions, illusion.

Cardiac side effects: heart palpitations, chest pain, hypertension, rapid heartbeat, dizziness, syncope, fluid retention, heart attack.

Paxil: Mania/hypomania, impaired judgment, agitation, depression, anxiety, drugged feeling, depersonalization, amnesia, emotional lability, abnormal thinking, hallucinations, lack of emotion, hostility, manic reaction, neurosis, paranoid reaction, antisocial reaction, delirium, delusions, drug dependence, stupor.

Cardiac side effects: hypertension, rapid heartbeat, syncope; EKG abnormalities, angina, heart attack.

Luvox: mania, apathy, amnesia, delusions, depersonalization, drug dependence, emotional lability, hostility, paranoid reaction, and phobia.

Cardiac side effects: hypertension, rapid heartbeat, syncope, angina, heart failure, and heart attack.

Other Drugs

Catapres: Adult high blood pressure drug: delirium, mental depression, visual and auditory hallucinations, restlessness, anxiety, agitation, irritability, other behavioral changes, drowsiness.

Cardiac side-effects: congestive heart failure, cerebrovascular accident (stroke), EKG abnormalities, arrhythmias, chest pain, syncope, high blood pressure, rapid heartbeat and palpitations.

Wellbutrin: Agitation, anxiety, restlessness, delusions, hallucinations, psychotic episodes, confusion, paranoia, mania, seizures, hostility, depression, depersonalization, mood instability, thought disorder, suicidal ideation.

Cardiac side effects: edema, chest pain, EKG abnormalities, shortness of breath, heart attack.

Norpramine: Psychiatric disturbances, seizures, anxiety, hallucinations, restlessness, agitation, nightmares, insomnia, confusion, tremors.

Cardiac side effects: Sudden death in children, heart attack, heart block, stroke, arrhythmias, rapid heart rate.

Basic Drug Information

Information about Medications Includes the warnings, side effects, precautions and drug interactions.
Adderall
Information about Adderall: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Adderall.htm

Atomoxetine
Generic name: Atomoxetine, Other brand names: Strattera, What side effects can Strattera cause. Don’t take atomoxetine if you are taking (MAO) inhibitors.
www.RitalinDeath.com/Drugs/Adderall.htm

Catapres
Information about Catapres: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Catapres.htm

Celexa
Information about Celexa: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Celexa.htm

Clonidine
Information about Clonidine: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Clonidine.htm

Concerta
Information about Concerta: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Concerta.htm

Cylert
Information about Cylert: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Cylert.htm

Desipramine
Information about Desipramine: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Desipramine.htm

Dexedrine
Information about Dexedrine: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Dexedrine.htm

Effexor
Information about Effexor: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Effexor.htm

Fluvoxamine
Information about Fluvoxamine: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Fluvoxamine.htm

Focalin
Information about Focalin: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Focalin.htm

Lexapro
Information about Lexapro: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Lexapro.htm

Luvox
Information about Luvox: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Luvox.htm

Metadate CD
Information about Metadate CD: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Metadate-CD.htm

Metadate ER
Information about Metadate ER: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Metadate-ER.htm

Paxil
Information about Paxil: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Paxil.htm

Prozac
Information about Prozac: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Prozac.htm

Remeron
Information about Remeron: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Remeron.htm

Ritalin
Information about Ritalin: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Ritalin.htm

Ritalin LA
Information about Ritalin LA: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Ritalin-LA.htm

Ritalin SR
Information about Ritalin SR: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Ritalin-SR.htm

Strattera
No one really knows the long-term side-effects of Strattera. Is Strattera actually linked to heart failure and suicide?
www.RitalinDeath.com/Drugs/Strattera.htm

Tenex
Information about Tenex: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Tenex.htm

Trileptal
Information about Trileptal: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Trileptal.htm

Wellbutrin
Information about Wellbutrin: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Wellbutrin.htm

Wellbutrin SR
Information about Wellbutrin SR: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Wellbutrin-SR.htm

Wellbutrin XL
Information about Wellbutrin XL: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Wellbutrin-XL.htm

Zoloft
Information about Zoloft: Includes the warnings, side effects, precautions and drug interactions.
www.RitalinDeath.com/Drugs/Drugs/Zoloft.htm

What Drugmakers Don't Want You to Know

What Drugmakers Don't Want You to Know

Thousands of children have suddenly died over the years", default", as a direct result of using psychotropic drugs used for ADD and ADHD.

SIDE EFFECT OF DRUGS USED FOR ADHD

Amphetamine-type drugs such as Ritalin, Adderall and Dexedrine and the Selective Serotonin Reuptake Inhibitors (SSRI), such as Prozac, Zoloft, Paxil and Luvox and the new selective norepinephrine reuptake inhibitors can cause serious side effects.

These can include suicide, seizures and cardiac problems such as arrhythmias, hypertension, heart failure and even death. These drugs can also cause emotional symptoms such as psychosis, agitation, aggression, hostility, anxiety and hallucinations.

Parents can find complete information about the side-effects of each drug in the drug insert from the pharmacist or in the Physician's Desk Reference.

Thousands of children have died over the years as a direct result of using psychotropic drugs for ADD and ADHD.

RitalinDeath.com was created in memory of children that have died from the use of drugs used to treat ADD and ADHD and the many families that are left behind to suffer with no accountability.


11-Year-Old Stephanie Hall
Stephanie's School teacher suggested that she be tested for ADD. Stephanie's Death was caused From the Ritalin used to treat ADHD.
Click here:
10-Year-Old Shaina Louise Dunkle
Diagnosed with ADHD by her school psychologist. Shaina's Death was caused from the Desipramine used to treat ADHD.
Click here:
14-Year-Old Matthew Smith
Diagnosed with ADHD by his school psychologist. Matthew's Death was caused From from the Ritalin used to control his behavior.
12-Year-Old Adrian David Wade
was born on November 09, 1991. 115 days after taking Strattera, with no signs he committed suicide on October 23, 2004. Adrian will always be in our hearts. He will be greatly missed and loved by both his family and all his friends.
Click here:
15-year-Old Leanne M. Bessner
This is my beautiful daughter Leanne M. Bessner, age 15 who was prescribed Concerta about 2 months ago. She committed suicide on Sunday October 9th. She was a beautiful, smart, popular, 15 year old girl. We are a good middle class family; we gave her much love and attention. We never missed a basketball or baseball game and were always involved. Why did this happen to us?
Click here:
Between the years of 1990-2000 over 569 children were hospitalized,
38 of them were life threatening hospitalizations, and 186 died.

Macauley Showalter, 7 year old, died from the use of Ritalin and 3 other psychiatric drugs. (Cardiac Arrest)

Randy Steel, 9 year old from San Antonio, TX died form the use of Dexedrine + several drugs. (Cardiac Arrest)

10 year old from Smethport, Pennsylvania died from Desipramine toxicity, drug was used to treat mild ADHD.

11 year old from Canton, OH died from Ritalin use, used to treat ADHD. (Cardiac Arrhythmia)

Cameron Pettus, 12-year-old from Austin, TX.
Death was caused from Desipramine use, hyper-eosinophilic syndrome.

Travis Neal 13 year old from Chattanooga, TN. died from Ritalin use. (Cardiomyopathy)

14 year old from Berkley, MI died from Ritalin use, used to treat ADHD. (Cardiomyopathy)

12-Year-Old Adrian David Wade committed suicide after 115 days of Strattera.

15-year-Old Leanne M. Bessner committed suicide after about 2 months of Concerta

Some legal information

If your child has died because of a medication I want to help you out with some information so there will be some accountability for your family.

Because of our ignorance there was never any accountability.

Here are a few tips I know that will help you and your attorneys out, because we have been through the mill and have learned a lot.

I know haw hard it is to loss your child and money will never bring them back or replace them, but there needs to start being some accountability for deaths of children caused from psychotropic medications like toxicity, heart failure, suicide, anything linked with the drug and the death of your child.

Even though you are very upset you can not waste any time.

There is a lot of things going on behind our backs so there will be little or no accountability.

Here is one good example below most people don't even know about.

What is going on behind the backs of American Citizens?

Drug companies are having laws passed throughout the USA one state at a time, which states if their drugs has been approved by the FDA and a child dies from their drug, parents can't hold them accountable.

Drug companies are literally hiding behind the FDA. Is the FDA above the law? No I don't think so. Drug makers are now unaccountable for their defective products in many states.

There must be accountability and because the FDA is allowing this type of law to be passed in the states it is a clear indication that the FDA is going to have to start taking on responsibility and accountability for deaths caused from drugs they have approved of.

If drug maker have lobbied and have had this law passed in your state which states if the FDA has approved of the drug you can not go after the drug maker, you don't waste time, you need to know. It's time we start going after the FDA!

If your state has not passed the law which allows the drug company to hide behind the FDA

Drug companies are also going from state to state to have caps put on product liability
of like $500.000 for example. In some cases it is better to take the case to the state where the drug was made depending on the cap.

You will need a good attorney with past experience in theses type of cases.

You will need an expert on the side effects of the drug who is on your side not the drug manufactures.

You will need to keep on the medical examiner to the information in a timely manner.

You will need to know the laws mentioned above in your state.

You will need to know the statute of limitations in your state for product liability.
It could be three years but you need to know.

You will need to know statute of limitations in your state for medical malpractice.
It could be two years, but you need to know.

You and your attorneys have the right to look over all the information about the jurors and through out the ones you don't want.

By law you are allowed a jury of your own peers, I would want other parents whose children have died as a result of psychotropic medications, which would be a jury of your own peers, also people that have about the same income as your family.

I would refuse any jury member that has anything to do with Psychiatry or the pharmaceutical industry.

I hope this will help you out a bit.

Mission Statement National Alliance against Mandated Mental Health Screening and Psychiatric Drugging of Children", default", also Ritalin and ADHD.

Mission Statement


The National Alliance against Mandated Mental Health Screening & Psychiatric Drugging of Children is a caring organization dedicated to informing the public about ADHD and other psychiatric conditions often misdiagnosed because of underlying health conditions and learning differences which are often overlooked.

This has caused many children to be misdiagnosed with a psychiatric diagnosis which requires lethal psychotropic medications.

Most attention deficit hyperactivity disorder, ADHD "testing" consists of a checklist of behavior observed at home and in the classroom and filled out by parents and teachers, respectively. The Connors rating scale is the most common. Occasionally a more traditional battery of ability and personality tests will be suggested.

We feel it is only fair that children suffering from underlying health conditions and learning differences are checked out by a professional and that the issues at hand be addressed.

Many times if a child is having difficulties, the school will be quick to do a psychological evaluation which can lead to a mental diagnosis and psychotropic medications.

I personally wouldn't give my consent for a school to do any type of psychological evaluation.

We have come to the conclusion that the best way we can help children, which has always been our number one goal is to provide parents and guardians with information about common underlying health conditions and learning differences.

These conditions overlooked by some doctors and many psychiatrists have caused many children to be misdiagnosed with ADD-attention deficit disorder, ADHD-attention deficit hyperactivity disorder and other mental disorders.

The National Alliance against Mandated Mental Health Screening & Psychiatric Drugging of Children has developed this new National State by State help with local clinics that are helping find the underlying health conditions which are often overlooked, along with educational providers that can identify with your child's specific needs and create a personalized program just for your child, with highly trained and certified teachers that work with your child individually, so your child receives the specific help he or she needs.

We have been working very hard since 1991, we are looking forward to being the first and number one website in the United State of America with effective ways to help children and adults with underlying health conditions commonly overlooked, along with educational providers and helpful non-drug products.

We realize there is a great need for this website, the The "National Alliance against Mandated Mental Health Screening & Psychiatric Drugging of Children. many parents are getting the online runaround with propaganda, opinions and agendas.

We realize this because of all the countless emails we have receive from concerned parents and guardians over the years.

We get an average of 2,000 visitors per day; many loving parents trying to sort through websites in desperate need of answers and help now.

Our hope is that your search will finely end here and you will gain the understanding you have been desperately trying to find.

Many psychiatric diagnoses have no valid test to even prove they exist.

Psychotropic medications do not cure underlying health conditions or learning differences, these medications only mask them; there are so many Conditions and learning differences that Mimic ADD/ADHD

If a child is diagnosed with a subjective diagnosis like ADD or ADHD and medicated and the medications can causes problems like high blood pressure, tics or sleeping disorders, many times the child will end up with an additional prescription to offset the side effects.

Through our work and research since 2001 RitalinDeath.com, The National Alliance against Mandated Mental Health Screening & Psychiatric Drugging of Children has learned that many parents and guardians are now aware that psychotropic medications don’t cure underlying health conditions or learning differences, they just mask them and have caused serious health problems.

Side Effects of psychotropic medications

These can include suicide, seizures and cardiac problems such as arrhythmias, hypertension, heart failure and even death. These drugs can also cause emotional symptoms such as psychosis, agitation, aggression, hostility, anxiety and hallucinations.

Amphetamine-type drugs such as Ritalin, Adderall and Dexedrine and the Selective Serotonin Reuptake Inhibitors (SSRI), such as Prozac, Zoloft, Paxil and Luvox and the new selective norepinephrine reuptake inhibitors like Strattera can cause serious side effects.

Parents can find complete information about the side-effects of each drug in the drug package insert from the pharmacist or in the Physician's Desk Reference.

We, at the National Alliance against Mandated Mental Health Screening & Psychiatric Drugging of Children have done extensive research on ADHD, (attention deficit hyperactivity disorder), Psychotropic medications and behaviors that mimic ADHD for the past five years.

We are confident that our unique concept will be number one and very helpful for many parents and children throughout the Unite States.

Along with the all the information packed within this website we are very pleased with the progress of our new national ADHD Help, helping to find underlying health conditions which are often overlooked, along with educational providers for children with learning differences in your State.

Our concept is building at this very moment, we are happy our goal of helping others has becoming a reality.

Unlike many other directories we will not be charging the public anything for our help.

Much Love,
Lawrence, Kelly and Heather Smith

"Founder's of the National Alliance against Mandated Mental Health Screening and Psychiatric Drugging of Children"