Adoption or Permenant Guardianship? Which Is The Best Way to Go In Florida for a Grandparent?

Question

We are grandparents with custody of our 4 year old grandson since August 2007. We were going to get permenant guardiansgip but SCC is pushing hard for adoption, but we can't afford it unless it comes w/medicaid etc... They tell us he qualifies as 'special needs' just because he's asian descent (white mother, Filipino father). Is this true? (I did read the 7 guidelines):

[url]http://www.adoptflorida.com/assis...

In Florida "Special needs" children are those children in the care & custody of Florida's DCF or a licensed private child placing agency & who meet at least 1 of the following criteria:

1. The child has significant emotional ties w/his foster parents. (He meets this)

2. The child is at least 8 years old. (no)

3. The child is mentally retarded. (no)

4. The child is physically handicapped. (no)

5. The child is emotionally handicapped. (Yes Pstd, adhd)

6. The child is black/racially mixed heritage. (yes)

7. The child is a member of a sibling group (no)

Answer 1

First of all, state departments do not get a cash bonus for adopting kids.  I can't speak for your worker or your state but usually adoption is pushed if it seems to be in the best interest of the child as far as a permanent, stable life.  You should gather the paperwork and visit your local welfare office and ask for any assistance that adoptive parents qualify for.  One such service is non-needy relative caretaker assistance.  I'm in CA and all of our adoptive children qualify for Medi-Cal (your medicaid) until they are 21.  Also children who are in the foster care system qualify for many grants, government assistance, and ILP funding for college.  There are a lot of resources available you just have to do your research.  Hopefully you have a good social worker with good intentions of helping you through this process.

Answer 2

If the agency says he's eligible then he is.  Ask them what forms are necessary to ensure he is signed up and approved.  The difference is that under foster care you do not have to re-do paperwork to keep the benefits coming.  Under adoption assistance you are required to regularly re-apply.  And if you run into a new worker who is against adoption assistance as a rule, you could have difficulty with them, but as long as you stick with it you will remain eligible.  If you are in no danger of losing the child to adoption by another family or another foster care placement, then stick with the foster care.  If they make you choose between adoption and losing the child then be prepared to continue the application process regularly.  You can also apply for help with day care and/or after school care.  Ask if it is available under both programs.  I think it is only for foster care.

My brother adopted a child in FL and he is definitely special needs, but they lost their assistance because their worker made them believe they weren't eligible when they were.  Once you lose it, you may never be able to get back on it.  Good luck.

Answer 3

I would be very careful about taking advice from Florida's SCC to adopt your grandchild.  The state departments get cash bonuses from the federal government for adoptions.  It is done under the guise of permanency for children, but in reality it is done as an attempt to push people off the benefits roles.  I suspect that they may be trying to get you to adopt so they can discontinue the benefits,  This may in turn put you and your grandson in an unstable situation where the SCC could take him away from you and put him up for a stranger adoption.

One benefit of guardianship for your grandson is that it does not break the legal bond between your grandson and his parent.  That bond may not be desirable right now (for whatever reason) but that may change in the future.

Bless you for caring for your grandson in this wonderful, extraordinary way!

Answer 4

Our son is special needs due to a medical condition.  While I can't tell you which is better - permanent guardianship or adoption - I can tell you that our son did qualify for a special needs subsidy after the adoption.  He receives medical assistance thru the state where we live, as well as a monthly stipend to assist with medical needs.  So it IS available.  

You mentioned that the state is telling you that he is "special needs" because of his race.  But you also mentioned that he has Pstd and ADHD.  Those in itself may qualify him as special needs regardless of his race.

Good luck to you.