Greegor
November 4th 06, 05:16 AM
http://www.nccourts.org/Citizens/CPrograms/DTC/Documents/medicaid.pdf#search='adoption%20and%20safe%20famil ies%20act%20Medicaid%20reunification'
Problem: Medicaid termination for parents responding to ASFA
When children are removed from the care of a parent by the Department
of Social Services
(DSS), the parent must comply with a set of standard requirements which
include: attaining
safe and stable housing, demonstrating the ability to provide for their
child(ren), successful
visitation with their child(ren) and completion of a variety of
assessments including
psychological or mental health, substance abuse, domestic violence and
parenting. Based
upon the results of those assessments, parents are required to attend
mental health or
substance abuse treatment, parenting classes and/or domestic violence
programs.
The Adoption and Safe Families Act of 1997 mandates that the court and
community must
decide permanency for all children in foster care within twelve months
from the date of
removal. When children are removed from the home, parents who
previously qualified for
and received support through Medicaid and the Public Housing Authority
are no longer
eligible. Parents who must now comply with a dizzying array of
requirements within twelve
short months do not receive the treatment and housing support necessary
to successfully
comply with DSS and court requirements to regain custody of their
child(ren).
Applicable Law:
Adoption and Safe Families Act 1997 (P.L. 105-89) (ASFA) issued a
mandate to states to
shorten time frames for children in foster care.
Medicaid (Statute 108A) when a parent is receiving Medicaid through the
child then they
qualify for assistance through the Medicaid for Family Plan. When the
child is removed, the
parent no longer qualifies. S/he must be reevaluated to determine if
s/he qualifies for
Medicaid individually. Qualification is based on whether s/he under 21,
over 65, blind,
mentally or physically handicapped.
Proposed Solution: Parents responding to ASFA should retain medicaid
Under ASFA, parents who are seeking reunification with their children
and who require
substance abuse and/or mental health treatment have one year to comply
with court orders in
order for reunification to occur. Medicaid coverage for these parents
should not lapse.
Problem: Medicaid termination for parents responding to ASFA
When children are removed from the care of a parent by the Department
of Social Services
(DSS), the parent must comply with a set of standard requirements which
include: attaining
safe and stable housing, demonstrating the ability to provide for their
child(ren), successful
visitation with their child(ren) and completion of a variety of
assessments including
psychological or mental health, substance abuse, domestic violence and
parenting. Based
upon the results of those assessments, parents are required to attend
mental health or
substance abuse treatment, parenting classes and/or domestic violence
programs.
The Adoption and Safe Families Act of 1997 mandates that the court and
community must
decide permanency for all children in foster care within twelve months
from the date of
removal. When children are removed from the home, parents who
previously qualified for
and received support through Medicaid and the Public Housing Authority
are no longer
eligible. Parents who must now comply with a dizzying array of
requirements within twelve
short months do not receive the treatment and housing support necessary
to successfully
comply with DSS and court requirements to regain custody of their
child(ren).
Applicable Law:
Adoption and Safe Families Act 1997 (P.L. 105-89) (ASFA) issued a
mandate to states to
shorten time frames for children in foster care.
Medicaid (Statute 108A) when a parent is receiving Medicaid through the
child then they
qualify for assistance through the Medicaid for Family Plan. When the
child is removed, the
parent no longer qualifies. S/he must be reevaluated to determine if
s/he qualifies for
Medicaid individually. Qualification is based on whether s/he under 21,
over 65, blind,
mentally or physically handicapped.
Proposed Solution: Parents responding to ASFA should retain medicaid
Under ASFA, parents who are seeking reunification with their children
and who require
substance abuse and/or mental health treatment have one year to comply
with court orders in
order for reunification to occur. Medicaid coverage for these parents
should not lapse.