Subsidies are available to cover continued treatment of any medical, psychological or dental problem that the child had at the time the child was placed for adoption. Continued TennCare coverage can be provided as can funds for psychological counseling, vision correction, speech and language therapy, medical treatment for continuing problems such as asthma, allergies and more serious problems as well. It is important that your subsidy agreement carefully enumerate each and every problem your child has had and future needs might reasonably be expected to result from these problems. One time expenses to prepare your home for the child’s special needs can also be covered. A common example of this is the cost of building ramps for a child that uses a wheel chair.
Coverage for some of this treatment may be available from private insurance or from public school special education. However, it is best to be as inclusive as possible at the time the subsidy agreement is originally drafted because private insurance and special education legislation may change prior to your child becoming an adult.
Finally, the Department can agree to provide a monthly stipend to you to decrease the financial impact of the adoption on your family. The maximum amount of the stipend is the foster care board payment. Attorney’s fees and court costs are routinely included in subsidy agreements as well.
Most families negotiate their subsidy agreements without assistance of counsel. However, if you would like me to review it before you sign it or advise you regarding negotiations, I would be happy to be of assistance. In any event, I like to have a copy of the signed subsidy agreement for my file.
It is often rumored that Tennessee will cut their adoption subsidy program and that people who have already adopted could have the benefits originally promised reduced or cut off. The legality of such a cut off is questionable but I wanted you to be forewarned just in case it comes to pass. The program could also end if the federal funding for the program terminated. Likewise, TN Care, an important part of the adoption assistance plan is constantly changing. While it is likely that you will have the benefits in your adoption assistance contract throughout your child’s minority it is not guaranteed.
The attorney’s fee to be paid by the Department of Children’s Services includes obtaining initial information from you, preparing and filing your Petition for Adoption, preparing your Final Decree and your final hearing. It assumes that the birth parents rights have been effectively terminated by the Department and that the court accepts the action taken to terminate the birth parents rights. It further assumes that all other matters will proceed in a routine manner and that you will not need assistance in adoption subsidy matters.
If these assumptions prove to be false, the Department may be available to cover additional attorney’s fees but if they are not you will be charged at my regular rate of $300.00 per hour for the additional legal work.
You will be advised before the work is performed if I believe such additional work and charges are required. You can choose to have the extra services or not.
Occasionally a family will begin the adoption process and will not complete it. This can happen because they choose not to adopt or because DCS does not agree to the adoption. Children 14 and older can prevent their own adoption as well. If this happens, regardless of the reason, DCS will not pay for my fees. Sometimes I have personally paid up to $160.00 in filing fees for you. If this happens as my client you are responsible for my fees to date and the expenses already paid. I do not always bill you for the legal fees. I use my judgment on that, but I do expect reimbursement for expenses I have paid for you. It is a good idea to think carefully about the adoption decision before the legal work begins.