18 Miss. Code. R. 6-1-G-VI - RE-ADOPTION AFTER DEATH / DISABILITY OF ADOPTIVE PARENT
Upon receipt of documentation (obituary or death certificate) of adoptive parent's death, the child's adoption subsidy will be terminated. If the child is placed with another family and that family is interested in receiving the child's adoption subsidy, a referral will be made to the Adoption ASWS to open a post-adoption case management service. The assigned Adoption Specialist will enter resource home inquiry.
The family will need to provide the Adoption Specialist with a copy of the adoptive parent's death certificate or obituary. All household members over age of 14 must be fingerprinted and a walk-through of the home completed. When this basic information is entered in MACWIS and the home approved for placement with a service type of adoption domestic, the Adoption Specialist can then complete Adoption Assistance Agreements and a Placement Agreement with the new family.
A subsidy can begin when the agreements are signed and can continue for up to 3 months, giving the family time to finalize the new adoption. Once the family re-adopts, all criteria that applies for other adoptive families will apply to these families who re-adopt. If any extenuating circumstances arise that pose a barrier to adoption, the Adoption Unit Director shall be notified and a decision made on a case-by-case basis to determine if the subsidy can continue.
This same protocol shall be followed if the parent becomes disabled and can no longer care for their child. The parent may sign a surrender of parental rights and agree to the re-adoption of their child or a court may determine that a parent is no longer competent and therefore is unable to care for the child.
The ICAMA is the principle means relied upon by its members to regulate and coordinate the interstate delivery of services to adopted special needs children. The ICAMA provides that between states party to the Compact, the state where the adoptive family resides will furnish Medicaid to the special needs child.
Notes
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