Issue Brief

Adoption Assistance

Improving Consistency and Fair Consideration in Determining Adoption Assistance Subsidy Rates in Colorado

Colorado’s adoption assistance program has been in existence for more than 30 years. The program was designed to help children with significant physical and intellectual disorders, hereditary conditions, mental health needs and other circumstances get adopted. Without some form of assistance, many families are unable to adopted and care for these children. The program requires county human services departments to work with adoptive parents of eligible children to consider the child’s needs and determine an appropriate monthly subsidy or set of services.

A 16-month investigation by the CPO, however, found the program was being administered differently across Colorado, resulting in unequitable access to the program and children were being provided services and subsidies based on inconsistent and changing standards. As a result, children in different parts of the states had inequitable access to the programs services and benefits.

The CPO issued a total of 14 recommendations to the Colorado Department of Human Services and the Colorado General Assembly, including one recommendation to overhaul Colorado’s adoption assistance statute to ensure compliance with federal law and guidance. The CPO convened a stakeholder group to draft such legislation during 2018. That legislation – Senate Bill 19-189 – passed unanimously during the 2019 session and has since been enacted.

Following the passage of SB 19-189, the CPO continued to work with stakeholder partners to ensure that the 14 recommendations issued in the report were implemented. This included working with the Colorado Department of Human Services to co-facilitate stakeholder meetings regarding the regulations that guide child protection professionals when handling adoption assistance cases. The co-facilitated six teleconferences – attended by more than 80 stakeholders – and coordinated testimony at the State Board of Human Services. Ultimately, this work ensured that the regulations that guide this practice are compliant with state and federal law – which ensures families get equitable consideration when negotiating subsidy rates.

Additionally, the CPO worked with stakeholders for more than two years to develop an adoption assistance negotiation worksheet. The worksheet represents a culmination of several CPO efforts to ensure that adoptive families receive equitable consideration for, and access to, adoption assistance across the state. The CPO has worked closely with the CDHS, county departments, advocates and county attorneys to develop the worksheet, as well as a standard, statewide policy that will help reduce inequitable access to adoption assistance subsidies. This policy requires that county department utilize the tool when negotiating subsidies with families.