State won't grant subsidy and threatened to take the kids! - Mothering Forums

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#1 of 6 Old 08-13-2014, 10:15 PM - Thread Starter
 
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Unhappy State won't grant subsidy and threatened to take the kids!

We are adopting 3 children from the state of Alabama. The kids have been with us for 2 and a half years. It is an intellectually impaired teen and her 2 children(ages2,4). The caseworker told us today that we can't get subsidy for any the children, despite the fact that the teen is still in school and will be until she turns 21(sp.ed. classroom). And the 2 yr old has had 6 seizures and is now on meds for them, and the 4 yr old as had two seizures, and we're still working with her doctors on getting meds started. Both the babies are half Hispanic.
We were told today that their office got in trouble for not having the adoptions done yet. They have been free for adoption for almost 18 months. The delay exists solely due to the kids' caseworker not doing whatever paperwork she was supposed to do so the adoption could start. We finally got the ball rolling by contacting an adoption lawyer ourselves to get the paperwork started. Well, the caseworker told us how her supervisor yelled at her about it taking so long, and she told us that if the children's adoptions aren't done within the next 2 weeks, that she would be moving all three of the children to another placement. This delay was not our fault, we have done everything they asked of us. How can they just threaten to take our children away like that for no reason?
On top of it, even if by some miracle we can get a court date soon enough, the caseworker told us we can't get subsidy; not even Medicaid. How can they deny that these are special need kids? I even printed out the adoption statutes to show the worker to prove the kids qualify, but they are refusing to grant us anything! What do we do? Who do we talk to about this? I'm so scared they are going to take these kids! Anyone out there who can offer me advice?
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#2 of 6 Old 08-14-2014, 07:00 AM
 
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I would talk directly with the supervisor. And consult your adoption attorney.
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#3 of 6 Old 08-14-2014, 07:28 AM
 
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Quote:
Originally Posted by Polliwog View Post
I would talk directly with the supervisor. And consult your adoption attorney.
Yes this, but talk to the attorney first. Go into the conversation with the supervisor as prepared as humanly possible.
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#4 of 6 Old 08-15-2014, 06:58 AM
 
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Every state is different, but it seems weird that the worker would be the one to decide subsidy. Isn't there an adoption worker. Then usually its the state that decides. Does the teen herself qualify for anything for her children. Is that where the mix up is? So has the teen relinquished her own rights to her 2 children so you will be the parent of all 3? Im wondering if the technicality of who is parent might be causing the confusion. I would definitly have your attorney handle this. Even if they find a new placement, it would be really difficult for them to find an adoptive placement for a teen and two little ones. You have rights since they have been in your care for so long. So don't let them scare you but fight and start calling people. If your current lawyer isn't moving fast enough, find a new one. Keep us updated.
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#5 of 6 Old 08-20-2014, 12:43 PM
 
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Definitely start barking up another tree. That sounds really off to me.

Mom through birth and foster care adoption to DS 9, DD 6, and DD 7 mos 
Check out my blog: No Bohns About It
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#6 of 6 Old 08-27-2014, 03:50 PM
 
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A competent lawyer should be pulling at his leash to eat this bunch for breakfast. You are being lied to, coerced and threatened.

Does you state have foster care review board? Google it, find out, and call them. You want this case on their schedule. That's how you get the worker reprimanded.

But your first priority is keeping your kids, so your lawyer needs to get with the DSS lawyer and work that out.

If your lawyer seems hesitant or unsure, then you have a bad lawyer. Fire them and get the best one. You will get the money back on your federal taxes, as it is expenses incurred in the course of an adoption. We have maximum subsidy and Medicaid on a white child with no special needs beyond age, and we got it by hiring a lawyer that DSS knew and was scared of.
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