CDSS has transmitted a new form notice of action for the Adoption Assistance Program and instructions regarding Adoption Assistance Program overpayments. The instructions require that the comment section of the form be used to provide the reason for and clarification of the action taken. The instructions also require that specific regulation supporting the county’s action be cited in the form.
CDSS also states that there are only three situations when an Adoption Assistance Program overpayment is collectable: 1) The responsible public agency has determined that the adoptive parents are no longer legally responsible for the support of the child; 2) The responsible public agency has determined that the adoptive parents are no longer supporting the child and 3) The responsible public agency determines the adoptive parents may have committed fraud.
Counties cannot demand repayment caused by county error. ACL 16-29 (November 7, 2016).