Modification of an Adoption Assistance (subsidy) agreement is permitted under Chapter 10, Section 18 of the Indiana Child Welfare Policies. The process is fairly easy and can certainly be done without hiring an attorney. Subsidy modifications are allowed every twelve (12) months if the family’s financial circumstances have changed (expenses have gone up and/or income has gone down).
Below is a step-by-step process to request a subsidy modification in Indiana:
- Adoptive parents complete, sign, and date a Request for Modification of Adoption Assistance Agreement Form (SF 56660).
- Adoptive parents submit the modification request form to the Local Office Director (LOD) of the DCS office where the child had been a ward prior to the adoption. If necessary, the request may be sent to the DCS office in the county where the adoptive parents live. The adoptive parents are welcome to contact the Negotiation Unit (AdoptionAssistanceNegotiation@dcs.in.gov) to ask which is the appropriate office and how to contact the LOD.
- If the LOD determines no modification has been requested in the previous 12 months and the family’s financial circumstances have changed negatively and/or the cost of the child’s needs have increased, then the LOD sends the adoptive parents a PRI form to complete and return to the LOD. The LOD may ask for supporting financial or other information to make his/her determination. (The Central Eligibility Unit asks that they generate a Payment Request Information (PRI) form which is specific to the child for the LOD to send to the adoptive parents.)
- The LOD sends copies of the modification request, completed PRI, adoption decree, fully signed original subsidy agreement, and any previous subsidy agreement amendments to the Negotiation Unit. The assigned attorney negotiator contacts the adoptive parents or their attorney to renegotiate the subsidy.
- The adoptive parents and LOD sign an agreement amendment if a new subsidy amount is reached.
- The negotiator sends a copy of the fully signed amendment to CEU to process the new payment amount. This ends the process.