In re Appeal of McSweeney

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Petitioner and her spouse adopted their son through Department for Children and Families in 2003. As part of the adoption process, petitioner entered into an adoption-assistance agreement with DCF, which provided for a daily subsidy payment of $50.69. Per the agreement’s terms, both the adoptive parent and DCF had to agree to any changes. Shortly before the child turned eighteen, DCF notified petitioner the existing agreement would terminate on the child's birthday. In the February 2017 notification letter, DCF explained that the child might be eligible for an “Over Age 18 Adoption Assistance Agreement” if the child had been diagnosed with a lifelong physical or mental disability, and it described the application process. In a March 2017 letter, DCF offered petitioner what it characterized as a “separate” and “over-age-18” adoption-assistance agreement at a daily rate of $27.59. The new rate was the maximum available standard rate for children in foster care. Petitioner appealed the amount of the subsidy to the Board, arguing federal law prohibited DCF from unilaterally modifying the amount of the adoption-assistance subsidy when the child turned eighteen. Petitioner maintained that DCF had to negotiate the amount with the adoptive parents. The Vermont Supreme Court concluded federal law did not preclude DCF from adopting a policy, and entering into adoption-assistance agreements that offered reduced adoption-assistance subsidies to adoptive parents of qualifying children over eighteen. View "In re Appeal of McSweeney" on Justia Law