340:40-7-12(6)

Top Issues Regarding Child Care for Post-Adoptive Families

1. Families who have adopted a child are eligible for child care for the adopted child without any household income considered if the:
   • child is adopted through DHS or a federally recognized Indian tribe;
   • adoptive parent applying for benefits has a fully executed Form 04AN002E, Adoption Assistance Agreement, that lists child care as a post adoptive benefit for the child and includes Form 04AN033E, Post Adoption Child Care Referral;
   • adoptive parent and child are residents of Oklahoma;
   • child is five years of age or younger;
   • child is 6 years of age and older and meets definition of a child with disabilities; and
   • the adoptive parent meets an allowable need factor.

   NOTE: PRIOR TO OCTOBER 1, 2015, POST ADOPTIVE PARENTS COULD ONLY QUALIFY FOR CHILD CARE IF THEY WERE EMPLOYED. NOW, POST ADOPTIVE FAMILIES MAY BE APPROVED FOR CHILD CARE FOR ANY OF THE NEED FACTORS! (This includes school, training, protective/preventive ,etc.)

2. It is important that all staff that has contact with clients in each DHS office (including front desk staff) be aware of the policy that income is not considered for adoptive families. Reports have been made by adoptive families stating they have been turned away from DHS offices by front desk staff because their income is too high and they will not be eligible.
   Note: No one should be turned away because a staff member does not believe the person applying will be eligible. Everyone who comes into the DHS office should be allowed to apply regardless if it appears that they will not be eligible.
3. Families who will be adopting a child through DHS or a federally recognized Indian tribe may choose to apply for child care benefits through Adult and Family Services (AFS) within the 30 days prior to the finalized adoption. This may help the families maintain their child care benefits without a gap in service. The families will not receive the required paperwork for child care to be approved through AFS until the adoption is finalized. The worker must interview the family and give the Form 08AD092E, ADM-92, for the required verification. The only step remaining prior to approval is for the family to bring the required paperwork to the office. Workers need to be aware that these families will have open child care on a KK case. This is not an issue as the child care on the KK case will close the day the adoption is finalized. The child care on the AFS case should begin the day after the finalized adoption as long as all verification has been provided.
4. Adoptive families who are eligible for child care with no household income considered should NOT be asked to provide proof of income at the time of initial application or reviews. Case notes should clearly document that this is an adoptive family that meets the policy requirements for household income to be excluded so that any worker who may handle the case can see that income verification should not be requested.
5. Child care with no household income considered should only be approved when the adoptive parent(s) meets an approved need factor. Workers must document the adoptive parent’s work, school, or training schedule in FACS case notes.

Note: An employed adoptive parent may choose to provide pay stubs in lieu of a work schedule. In this instance, the worker should accept the adoptive parent’s declaration of work schedule unless it is questionable.