The child must be under the age of 18 at the time of adoptive or legal guardianship placement.

At the time of planning for adoption or legal guardianship, the child must meet one of the following circumstances:

• Be in the custody of the Children’s Division. Children in the care and custody of the Children’s Division are considered special needs, and are in turn automatically eligible for Missouri Adoption Subsidy;

OR

• Be in the custody of a child-placing agency licensed in accordance with sections 210.481-210.531 RSMo, the Division of Youth Services (DYS), or the Department of Mental Health (DMH) or child with special needs.
• Special needs child placed in Missouri through a private child-placing agency and is Title IV-E. Missouri is required by federal rule to provide adoption subsidy to these children.

A Missouri IV-E Eligibility Analyst must determine the fund code eligibility. It is the responsibility of the private agency to obtain the necessary documentation for the Eligibility Analyst. If the child is not IV-E eligible, Missouri is not responsible for subsidy coverage.

Children who have a subsequent adoption because of the dissolution of their adoption or the death of their adoptive parents continue to be eligible for assistance under Title IV-E or Missouri funded subsidy in a subsequent adoption if they were previously eligible.

If payment of medical expenses is not included in the subsidy, the adoptive parent(s) is financially responsible for their child’s medical expenses.

Ineligible Children for Missouri Adoption or Legal Guardianship Subsidy

The following children are ineligible for Missouri Adoption and Legal Guardianship Subsidy:

• Children in a subsequent guardianship if the legal guardian was not named the successor guardian in the initial or amended agreement and;
• Children who did not re-enter foster care prior to the establishment of a subsequent guardianship.
• Children being adopted internationally or children adopted from other states who are not IV-E eligible and in the custody of a private child-placing agency;
• Children in the custody of Missouri juvenile courts even though they may receive a payment while in other types of out-of-home care;
  • Step-parent adoptions;
  • Step-parent guardians.

Ineligible Placements for Missouri Adoption and Legal Guardianship Subsidy

Felony Convictions

Staff may not approve the adoption or guardianship subsidy application of any person in which a record check has revealed a felony conviction for child abuse or neglect, spousal abuse, a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery as determined by a court of competent jurisdiction.

Staff may also not approve the application of any person who in the past five years has had a court of competent jurisdiction determine a felony conviction for physical assault, battery, or a drug-related offense.

For the purpose of this policy, a “felony conviction by a court of competent jurisdiction” is defined as a criminal court conviction for a felony offense as defined by law in the jurisdiction that the offense took place.

In the unlikely event that it is determined that the best interest of a child would be served by providing subsidy in a IV-E ineligible placement setting, written approval must be obtained through supervisory lines to the Regional Office. The Regional Office must review the request and, if in agreement, forward with their recommendation to the Deputy Director for Children’s Division for final consideration. Written requests should include a thorough description of the applicant’s situation and why it would be in the child’s best interest for an exception to be granted. If approved by the Deputy Director, IV-E funding may not be used for the adoption subsidy and the Children’s Service Worker will be responsible for notifying the Eligibility Analyst who will ensure that state-only funds are used. Federal funds may not be used for adoption assistance payments if any of the aforementioned conditions exist. It is imperative that in those circumstances the Children’s Service Worker notify the Eligibility Analyst who will enter the correct fund code for state-only funding. (Reference Section 471 (a) (20) (A) of the Social Security Act.)

Related Practice Alerts and Memos:

7-1-19 – CD19-52 – FY20 Rate Increases

12-4-19 – PA19-AD-06 – Transitional Living Placements and Subsidy Agreements

1-10-20 – PA20-AD-01 – Legal Fees for AD and LG Subsidies

10-29-2020 – PA20-AD-06 – Child Summary

01-13-21 –CD-21-01 -Contractors Negotiation/Completion Of The Initial Adoption Or Legal Guardianship Subsidy Agreement