A child must be determined to have special needs to be eligible for federally funded adoption assistance, per OAC 340:75-15-128.2, state funded adoption assistance, per OAC 340:75-15-128.3, or reimbursement of non-recurring adoption expenses, per OAC 340:75-15-128.1.  A child is determined to have special needs by meeting all criteria in (1) through (3).

• (1) Child cannot return home.  Oklahoma Department of Human Services (OKDHS) recommends that the child must not return to the home of his or her parent(s).  The documentation required to show that a child must not be returned home is:
  • (A) a Petition for Termination of Parental Rights;
  • (B) an Order of Termination of Parental Rights from a court of competent jurisdiction;
  • (C) for a child under the jurisdiction of the court, a signed Relinquishment of Parental Rights;
  • (D) satisfied by other official documentation when it is determined a child can be adopted in accordance with state or tribal law without a Termination of Parental Rights or Relinquishment; or
  • (E) verification of the parent(s)' death, if the child is orphaned.
• (2) Special factors or conditions.  OKDHS determines that due to one or more factors or conditions listed in (A) through (G), the child may not be placed with the adoptive parent(s) without providing adoption assistance.
  • (A) Physical disability.  The child has a physical disability that requires regular treatment with a specific diagnosis given by the child's physician.
  • (B) Mental disability.  The child meets the eligibility criteria for educable multi-handicapped (EMH) or trainable multi-handicapped (TMH) classes and has been evaluated by a licensed psychologist, psychometrist, school, or recognized diagnostic center.  A child with a demonstrable need for intensive adult supervision beyond ordinary age needs also qualifies.
  • (C) Age.  Eligibility based on the child's age is determined according to (i) and (ii).
    • (i) Kinship placement.  There is no age requirement for a child placed with a relative who provides paid or non-paid kinship care and who meets the specified degree of relationship as defined in OAC 340:10-9-1.
    • (ii) Non-related and other relative placements.  The child must be eight years of age or older.  This includes a child adopted by a relative who was not the child's caregiver at the time of adoptive placement.
  • (D) Sibling relationship.  The child is part of a sibling group as specified in (i) and (ii).
    • (i) A child of any age and at least one sibling are placed in trial adoption status in the same home.
    • (ii) A child younger than three years of age, not determined eligible to receive an adoption assistance payment at the time of the adoption assistance application, becomes eligible due to a sibling relationship.
      • (I) If within one year of finalization of the child's adoption, the adoptive parent(s) finalizes the adoption of the child's sibling, the child is eligible for an adoption assistance payment.
      • (II) The effective date to begin the adoption assistance payment for the child is the effective date of the adoption assistance payment for the sibling.
  • (E) Emotional disturbance.  For a child to meet this criteria the emotional disturbance must be:
    • (i) established by a physician, psychologist, behavioral therapist, or social worker;
    • (ii) corroborated by the Child Welfare worker's observations of the child's behavior;
    • (iii) corroborated by one or more caregivers, such as foster parent, Head Start or school personnel, or child care provider; and
    • (iv) documented with a specific diagnosis and prognosis, if applicable.
  • (F) Racial or ethnic factor.  The child must be American Indian, Hispanic or Latino, Asian, or African American and three years of age or older.
  • (G) High risk of physical or mental disease.  The child who exhibits high risk of physical or mental disease for conditions that are not presently being treated may qualify.  If no other special factors or conditions are met, no monthly payment is made until there are documented symptoms of physical or mental disease.  Indicators of high risk physical or mental disease are:
    • (i) social and medical history, such as mental illness of a biological parent or family member;
    • (ii) events or life experiences, such as severe sexual abuse; and
    • (iii) prenatal exposure to drugs or alcohol.
• (3) Unsuccessful efforts to place the child without assistance.  A reasonable but unsuccessful effort was made to place the child without assistance, except where it would be against the child's best interest due to such factors as a strong emotional tie to a foster parent who plans to adopt the child or placement with a relative.
  • (A) Documentation of efforts to place a child without assistance is required and includes specific recruitment efforts for an adoptive parent(s) who could meet the child's special needs.  Examples include:
    • (i) area staffings;
    • (ii) adoption parties;
    • (iii) adoption resource exchanges; and
    • (iv) media and Internet efforts.
  • (B) Form DCFS-54 (new form number 04AN001E), Adoption Assistance Application, per OAC 340:75-15-128.5, must include a statement of the reasons the child may not be placed in an adoptive home without adoption assistance, including:
    • (i) specific factors that make it difficult to place the child;
    • (ii) description of efforts to place the child without assistance; and
    • (iii) reasons it is not in the child's best interest to attempt to place for adoption without assistance.