Eligibility Online Manual
M1201E Adoption
Current Policy Effective Date: February 1, 2022
Date Last Reviewed: February 14, 2022
Previous Policy: January 1, 2014
POL M1201E: DETERMINING ELIGIBILITY FOR SUBSIDIZED ADOPTION
1. Applicants Must Have Adoption Assistance Agreement (SS43)
2. Applicants Must Be Under Age 18
The eligibility can continue until age 21 when the client qualifies under the special needs portion of the agreement, as determined by the Department of Family Services.
3. Applicants Over Age 18 Must Have Special Needs
The client meets special needs when the following are met:
The client cannot be returned to the parent(s) home per court order.
The Social Service Caseworker has determined the client cannot be placed for adoption without providing adoption assistance.
4. Applicants Must Meet Identity
Refer to Section M602 for identity requirements.
5. Applicants Do Not Have An Income Test
6. Applicants Do Not Have Resource Test
7. Renewals Are Not Required Until Max Age Attainment of Adoption Agreement
Client will maintain continuous eligibility until they attain the age of 18 (or the age of 21 if the Adoption Agreement has determined that the child has a mental or physical disability which would warrant continuation of assistance).
8. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review if under age 19.
9. Eligibility Is Not Affected By Client Support Non-Cooperation
10. Clients Eligible For One Day Are Eligible For Entire Month
11. Applicants Must Live In Wyoming
The client must live in Wyoming 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.
12. Clients Not In Wyoming May Retain Benefits
A client who moves out of Wyoming remains eligible when both of the following apply:
The Adoption Assistance Agreement shows Wyoming as being financially responsible for the client.
Client is not Medicaid eligible in the new state.
13. Clients Must Be Reviewed
Clients must be reviewed for other Medicaid program eligibility before closing cases.
14. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
12-month period ends and client is no longer eligible.
Adoptive parents are no longer legally responsible for the support of the client.
Adoptive parents are no longer providing any support to the client.
Client dies.
Client determined no longer eligible.
15. IV-E Adoption Is Determined by DFS Case Worker
IV-E programs need to be entered in WES as IV-E for the correct funding match.
There are no income or resource requirements determined in WES for IV-E Adoption.
Reference:
Defining Group: 42 CFR 435.145
W.S. 42-3-103
Income and Resource: 42 CFR 435.222
Clarifying Information:
1. Eligibility Starts From The Date Of The Application For Adoption Assistance.
2. Information On IV-E Adoption Can Be Found In The DFS IV-E Policy Manual.
3. Social Service Case Worker Will Notify Benefit Specialist When Client Moves Out of State.
4. Social Services Case Worker Will Notify Benefit Specialist In Writing When Client Is No Longer Eligible For Subsidized Adoption.
Worker Responsibilities:
Determining Eligibility
1. Obtain the adoption assistance agreement signed by the DFS representative from the Social Service Caseworker.
2. Verify with DFS representative that the Adoption Assistance Agreement has been extended whe the client turns 18.
Subsidized Adoption Client Entering From Another State
1. Require the ICAMA form from the State Compact Administrator.
The State Compact Administrator is with DFS.