Your Guide To A Special Needs Adoption In Arizona
Approximately 100,000 children with special needs are waiting to for adoption in the U.S. If you are thinking about adopting a special needs child, it is important to understand the steps to take and the support available to you before you begin with a special needs adoption in Arizona.
Note: This article isn’t intended as legal advice, and rules regarding this may change depending on your situation. To address your business’s unique needs, talk with a divorce or family law attorney. ARTEMiS Law has decades of experience in Arizona divorce and family law and provides full-service and unbundled legal services (for those who need consultations as needed) to cater to everyone. You can contact us here to schedule a call.
What do we mean by a special needs adoption?
An Arizona special needs adoption helps to move a child from foster care, a group home setting, or another situation into a stable, loving family.Children with special needs are identified in different ways in different states. In Arizona, children with special needs are defined as those children who have one or more of the following exceptional circumstances:
- Have physical or health problems
- Have a history of abuse or neglect that has led to physical, mental, or emotional problems
- Test positive for long-term, chronic, or fatal conditions (e.g., HIV or fetal alcohol syndrome)
- Have documented conditions that may lead to future problems
- Have a high risk of developmental disability
- Were prenatally exposed to drugs or alcohol
- Have not been adopted due to the need for significant support due to disability
Potential adoptive families can include close family members or stepparents of the child, as well as those people looking to make a bigger impact with their adoption by identifying kids who truly need a home.
What are the requirements to adopt in Arizona?
Arizona adoption laws generally allow any adult aged 18 or over to adopt.Potential adopters can be married (same-sex or opposite-sex partnerships are equally considered), single, divorced, widowed, or legally separated.Those with criminal records or who have faced court actions for child abuse are typically not allowed to adopt.
What are the steps for a special needs adoption?
The special needs adoption process essentially follows the same steps as other adoptions, with a few important considerations. Potential adoptive parents can become certified to adopt in the state of Arizona by completing the following steps.
1. Submit a written application
The written application gathers necessary basic information on your household, including all household members and their occupations.
2. Attend adoption orientation and training
Adoption orientation and training can prepare potential adopters for welcoming new children into their family.When adopting a special needs child, these training sessions will also include specific information regarding the child’s physical, mental, social, and emotional needs.
3. Undergo a certification investigation into the potential adoptive family
This final step is the most complicated. It includes a look into the family’s overall culture, including:
- Social history and references (personal and professional)
- Finances
- Moral fitness
- Physical and mental health
- Any court action regarding child abuse
- The ability of every adult member of your household to pass a fingerprint-based criminal history records check
- Any other relevant information
When adopting a special needs child, this third step might also include serious conversations about what a potential parent can expect. Adoptive families generally need to make significant changes in their calendars and daily routines to accommodate the needs of their newest members, especially those with special needs.This investigation can help determine if the potential family is ready, willing, and able to make these necessary changes.
Adoption by stepparents or other family members
Stepparents looking to adopt their partner’s special needs child usually have an easier time adopting.To become a legal adoptive parent, stepparents must meet the following qualifications:
- Have a clean criminal records check by fingerprinting
- Be in a lawful marriage to the child’s other parent for at least one year
- Have lived with the child for at least six months
- Receive consent from the child, if the child is over 12
- Receive consent from the child’s absent biological parent, unless that parent’s rights have been legally severed
Just as stepparents are not necessarily subject to the same scrutiny as other potential adopters, close family members (e.g. child's uncle, aunt, adult sibling, grandparent, or great-grandparent) are generally subject to less scrutiny before adopting.
Are there any special needs adoption resources?
Adopting a special needs child in Arizona brings with it many rewards, but also many challenges. Thankfully, there are many resources and organizations that can help you during this time.
Adoption Subsidy
The Arizona Department of Economic Security’s Division of Children, Youth, and Families offers a program called Adoption Subsidy.This program may offer the following benefits to adopted children with special needs:
- Medical services (through Medicaid or the Arizona Health Care Cost Containment System)
- Dental care
- Mental health services
- Monthly maintenance subsidy payments
- Special support services (as needed)
- Other non-recurring benefits
The amount of the monthly benefit and special support services depends on the needs of the child. Not all children will receive the same benefit amount. These benefits may be available to eligible children until their 18th birthday (or their 21st birthday if they are living with the adoptive parents and continuously enrolled in school).
College assistance
The state of Arizona does provide assistance for higher education for children adopted after the age of 16. There are two programs available:
- The Arizona Education and Training Voucher (ETV) Program offers a $5,000 annual voucher for school-related expenses
- The Arizona Tuition Waiver waives tuition at Arizona public community colleges, four-year colleges, and universities
Adoption organizations
There are a number of other organizations that provide assistance and support to families that adopt special needs children. They include:
- Arizona Association for Foster and Adoptive Parents
- Arizona’s Children Association
- Aid to Adoption of Special Kids
- Lodestar Family Connections Center
From respite care to ongoing training and support, each of these organizations can help families of children with special needs.
Get help
Because there are tax questions, matters related to special needs trusts, and legal issues related to receiving State benefits, consulting with a qualified Arizona adoption lawyer is always a good idea if you're considering a special needs adoption.
ARTEMiS Law Firm can help you navigate the complex maze of benefits and support for families adopting a special needs child. We have advanced experience working with special needs cases. Get in touch today for help with your unique situation.
If you don’t need the full scope of representation that ARTEMiS provides and want ad hoc legal assistance, hourly consultations, or help with specific document, courtroom, or deposition help, check out our partner firm, À Law Carte™.
À Law Carte™ is a unique law firm that offers affordable legal services without costly retainers or full representation. Get the legal help you need when and how you need it on an hourly basis. Visit À Law Carte or call us at (480) 535-4433 to schedule a consultation.