When children can't be returned home safely, the most commonly used permanency options for children are subsidized adoptions and guardianships. Whether a case goes towards adoption or guardianship depends on a variety of factors and while the outcome is significantly different, the process for foster parents to get to either goal is substantially similar. The foster parents will select an attorney to represent them through the subsidy review process and ultimately finalize their case. When the attorney is selected from the DCFS Attorney Panel, the State of Illinois pays the attorney and the family has no out-of-pocket cost.
For either guardianship or adoption, the first step in achieving the permanency goal is to complete a subsidy review. The adoption or guardianship subsidy agreement is the legally binding agreement between the foster parents and the State of Illinois. It provides for the minimum amount of the subsidy payment, and documents the pre-existing conditions and history of the child. Subsidy agreements provide that the State of Illinois will pay for treatment or services resulting from pre-existing conditions, as long as those conditions are documented in the subsidy agreement. They are basically the opposite of health insurance policies that deny coverage to pre-existing conditions. Therefore, the primary goal of the subsidy review process is ensuring that all relevant information about the child's background and medical/mental-health history is documented adequately.
The subsidy agreement process starts with the draft subsidy being sent to the attorney for review. The attorney reviews the draft subsidy documents, which consist of the subsidy agreement itself as well as copies of all relevant medical, psychological, and school records. Once the attorney has reviewed those documents, a conference with the foster parents will be scheduled. At that conference, the entire subsidy will be reviewed with the foster parents to ensure that there is no relevant history that is not included in the subsidy agreement. If there are any additional records or history to be included in the subsidy, the attorney will communicate those to the permanency worker to get those items added to the subsidy. Once the foster parents are comfortable that the subsidy contains all the relevant information, the attorney guides them through the process of signing the subsidy agreement.
The signed subsidy agreement then goes to DCFS to be reviewed by the Federal Financial Participation Unit. Nationwide, the abuse and neglect system is funded through a federal-state partnership, where 50% of the funds come from the Federal government. As part of these grants, the Federal government conducts triennial reviews of every state's files. At DCFS, the FFP unit reviews the entire case, to make sure that everything was done properly and in compliance with Federal reimbursement guidelines to ensure that the State receives the funding that will support the subsidy provided to the family. Once FFP has cleared the case, it is ready to be finalized. The required documents are signed and sent to the attorney, and the case can be finalized shortly thereafter, whether through adoption or guardianship.
If you are a foster parent approaching finalization of your case, and you would like to discuss representation, or you just have questions about the process, Contact us online or by calling 217-641-2807. If you know you'd like us to represent you, you can help us jumpstart the process by completing the questionnaire linked here.