CP&P 14-222 (rev. 7/2010) Page 1 of 3 Office of Adoption Operations 50 East State Street P.O. Box 717 Trenton, New Jersey 08625 (800) 847-5027 [Current Date] [Name Adoptive Parent 1] [Name Adoptive Parent 2] [Street number and name] [City, state, zip code] Dear [Name Adoptive Parent 1 and Adoptive Parent 2]: Staff from [Enter name of Local Office] forwarded your request for an adoption subsidy to the Office of Adoption Operations for the adoption of [Enter child's birth name] by you. Subsidized adoption is based on Federal and State legislation and State regulations. It is the intent of the subsidized adoption program to benefit “special needs children.” [Enter child's birth name] does not meet the criteria to be considered a “special needs child” and therefore this adoption will not be approved for subsidy. In New Jersey, the Department of Children and Families/CP&P shall determine that a child is a “special needs child” for any of the following reasons: Any medical or dental condition which will require repeated or frequent hospitalization or treatment. Any physical handicap, by reason of physical defect or deformity, whether congenital or acquired by accident, injury or disease, which makes or may be expected to make a child totally or partially incapacitated for education or for remunerative (paid) occupation. Any substantial disfigurement, such as the loss or deformation of facial features, torso or extremities. A diagnosed emotional, mental health and/or behavioral problem, psychiatric disorder, serious intellectual incapacity, or brain damage which seriously affects the child's ability to relate to his or her peers or authority figures, including, but not limited to, a developmental disability. The child is one of a group of three or more siblings (including half-siblings), and it is considered necessary that the group be placed together, or the child is the third (or additional) sibling placed in the same home, even though his or her siblings do not receive subsidy. CP&P 14-222 (rev. 7/2010) Page 2 of 3 The child is one of two siblings (including half siblings), one of whom meets the special needs criteria, and it is considered most appropriate that the children be placed together, or the child is an additional sibling being placed in the same home with a sibling receiving subsidy. The child is ten years old or older. The child is a member of an ethnic or minority group for whom adoptive homes are not readily available, and is age two or older. The child is under age 5 but a member of an ethnic or minority group for whom adoptive homes are not readily available, and has been residing for at least one year with a resource parent(s) who is adopting the child, and adoption by this resource parent is the most appropriate plan for the child. The child is over age five, and is being adopted by a resource parent(s) with whom he or she has resided for at least one year, and adoption by this resource parent is the most appropriate plan for the child. Any other condition of a specific child which may be approved by the CP&P Director or designee. If you have any information that leads you to believe that [Enter child's birth name] does meet one of the above criteria, please discuss it with your Adoption Worker or call me at [Enter telephone number]. If you disagree with the above decisions, you may, within 20 days of the date of this letter, request an administrative hearing by filing an application for a hearing with the Department of Children and Families’ Administrative Hearings Unit. If a hearing is held, you also have the right to be represented by an attorney or have someone help you present your case. Please see the attached notice regarding your hearing rights. Very truly yours, [Enter name of Adoption Administrator/designee/LO Manager] [Enter appropriate title] ATTACHMENT CP&P 14-222 (rev. 7/2010) Page 3 of 3 HEARING RIGHTS – ADOPTION SUBSIDY PROGRAM An adoptive parent has the right to request an administrative hearing if he or she wishes to appeal an adverse decision regarding: Adoption subsidy payments or services (including denial, inadequate or inappropriate amount, suspension, or termination); or The failure of the Department of Children and Families (DCF)/Division of Child Protection and Permanency (CP&P) to act with reasonable promptness on an application for such payments or services. The adoptive parent may make a written request for an administrative hearing to the DCF Administrative Hearings Unit within twenty (20) calendar days of a decision which adversely affects his or her child's adoption subsidy benefits or application for benefits. Send the request for a hearing to the following address: Administrator Administrative Hearings Unit Department of Children and Families 222 South Warren Street P.O. Box 729 Trenton, New Jersey 08625 After a review, the Hearings Unit will transmit requests for hearings which comply with the above provisions to the Office of Administrative Law (OAL), which conducts all such hearings. A CP&P representative may help the appellant write his or her request, when the appellant requests help. The appellant may also request preliminary efforts to resolve the dispute. This request and preliminary efforts are not considered a prerequisite for an Administrative Hearing and can not delay, interfere with, or impede the processing of an Administrative Hearing request. During the hearing, the adoptive parent or applicant has the right to have an attorney or another person present, if approved by OAL, who may assist him or her to present his or her position. Following receipt of the Initial Decision from the Office of Administrative Law, the Division Director will issue a Final Agency Decision that accepts, rejects, or modifies the Initial Decision. The adoptive parent will receive a copy of the Final Agency Decision and notice of whether he or she has further appeal rights. Statutory References: N.J.A.C. 10:121-1.7, Administrative Hearings; Section 471 (a)(12) and 473 of the Social Security Act