State has reneged on adoption contract.....

Discussion in 'General Parenting' started by timer lady, Jul 26, 2011.

  1. timer lady

    timer lady Queen of Hearts

    As many of you know, ktbug is in Residential Treatment Center (RTC) once again. We adopted the tweedles from another state. There was/is an interstate compact agreement because the state that placed the tweedles up for adoption wanted them out of the same state as bio mom.

    The adoption contract stated that Residential Treatment Center (RTC) would be paid in full....not happening. The state of origin of our adoption has reneged on that agreement. I will now be paying full child support while kt is in treatment. I can ill afford that would be one thing if husband was alive & bringing in a salary.

    Do I bring kt home before the child support bill becomes unmanageable?

  2. TeDo

    TeDo Guest

    Have you consulted with a lawyer? I can't see how they can do that. A signed contract is legally binding. Aren't there legal penalties for "breach of contract", even at the state level? I don't get it.

    I am so sorry. I honestly don't know what I'd do. I can't see that it would be good for you OR her for her to come home. Remind me again what kind of placement Wm is in. Who is paying for that? Sorry I don't know what to tell you.

    {{{{(((HUGS)))}}}} to you.
  3. HaoZi

    HaoZi Guest

    Have you consulted a lawyer about enforcing the agreement or filing a breach of contract suit?
  4. 1905

    1905 Well-Known Member

    When did they do that? The Residential Treatment Center (RTC) would make sure the treatment could be payed for before she was admitted, I would think, right? Maybe the Residential Treatment Center (RTC) knows a way to get them to pay, or can advise you. I'm sure they'll want to get paid, so they'll help. ((((HUGS)))
  5. Wiped Out

    Wiped Out Well-Known Member Staff Member

    I'm sorry you are dealing with this. I can't understand how a state can just decide to do this, seems illegal. I wish I had some good advice. You and yours are in my constant prayers.
  6. DDD

    DDD Well-Known Member

    Like the others I think you need to consult an attorney. OMG! The political impact on real children is just mindboggling
    and I am aghast......not terribly shocked......but aghast. God bless the children on this world. DDD
  7. slsh

    slsh member since 1999

    I would think a contract is a contract, Linda. Was the agreement between state of origin and your state, or state of origin and you and husband? If between the 2 states, it's not your problem (one would think, anyway) and your state would need to pursue state of origin. If it's between state of origin and you and husband, it's time to speak with- an atty. Though probably in either case, esp if your state is saying you're now financially responsible, I'd probably consult an atty anyway.

    What does this do to wm's funding?

    As far as bringing kt home - her level of need hasn't changed. No, you don't bring her home, in my humble opinion.

    You could always offer state of origin the option of (what's the term - interrupting, disrupting, terminating?) the adoption and delivering kt and her very high needs back to their care. (OK, not serious on that but... boy it sure would be tempting to let them take contemplate funding services for her in perpetuity.)

    Quite frankly, I'd seriously consider contacting your legislators as well. MN is going to be footing the bill for kt (and wm) in one way or another for the foreseeable future, well past age 18. State of origin wanted the kids out of the state (and the cynic in me has to wonder how much of that desire was based on separation from bio mom and how much was because they *knew* the level of care those little kidlets were going to need on a long-term basis). They signed an agreement and at this late date, to reneg.... well, quite frankly it just stinks to high heaven. Especially because they didn't disclose the tweedles' full history to you and husband until long after the adoption had taken place.

    At the end of the day, funding or no funding, kt is not in your home right now because it is not safe for her (or you). She's not on a vacation, she's not placed out of your home for convenience. She needs to be in the Residential Treatment Center (RTC) setting.

    Wondering who would be a good resource for you... adoption advocate? Designated state agency that advocates for folks with- disabilities? I'd call any and everyone.
  8. JJJ

    JJJ Active Member

    Our state attempted to "redefine" the adoption subsidy contracts two years ago. A quick class action put an end to that. You may want to contact an adoption support group in the state of origin to see if this is an issue facing all foster/adoptive families or if you have been singled out due to the high needs and location.

    Child support should be based on your income and SSDI might be exempt. Definitely time to call your lawyer.
  9. DaisyFace

    DaisyFace Love me...Love me not

    O Linda--

    This is terrible news! Wish I had some good advice.

    I'm so sorry...
  10. TerryJ2

    TerryJ2 Well-Known Member

    Oh, Linda.
    I agree, get a lawyer.
    I also like DDD's idea about a class action suit ... which could take mo's or yrs ... but if the state is "redefining" the terminology, you and others need to fight them tooth and nail.
  11. hearts and roses

    hearts and roses Mind Reader

    Ditto what everyone else has said re: a lawyer and state support group- see if there is anyone else in the same boat. Sending prayers and hugs.
  12. ML

    ML Guest

    PLEASE see a lawyer. This is unbelievable.
  13. Hound dog

    Hound dog Nana's are Beautiful

    Is this just concerning ktbug or wm as well? Because I don't see how they can break a contract with one child yet continue to pay for wm.

    I ditto the others, I'd find a darn good lawyer asap and consult with an adoption support group. You may not (and probably aren't with the current state of the economy) be the only one facing such issue.

    Will be praying, keeping body parts crossed this is just some misunderstanding.

  14. Fran

    Fran Former Site Owner

    The budget cuts are destroying lives. I'm sorry to hear they are deciding to use the sick and old to balance their budgets. Tax money is in short supply evidently.
  15. Ktllc

    Ktllc New Member

    I don't know how good you are at writing letters with inplied threats (use of lawyers, advocates and any other resources), but that would be my first step! Keep the emotions out, states the facts and the potential future consequences (yes for you, but specifically for the state(s) and your daughter). Make clear that you will not just stand there and watch. That letter should also ask them what text of law or regulation would allow them to revisit a legal contract. You are no attorney (as far as know) and neither I am, but you have all the right in the world to write such a letter. Send it certified return receipt. Sometimes, it's all it takes to put things back on track. If it is not enough, at least it will help your attorney (or who ever you choose to help) know where everyone stands.
    No matter what: fight back and put a time frame in which you expect an answer to you letter (7 business days should be more than enough for them to respond). I don't know your finances and the cost of Residential Treatment Center (RTC), but a short time frame would allow you to keep cost down before you consult with an attorney. It also shows you mean business and you won't mess around.
    Keep my fingers crossed fr things to resolve quickly.
  16. timer lady

    timer lady Queen of Hearts

    I'm in contact with the financial SW here in MN.....trying to work out the reasoning in play here. It comes down to the budget cuts occurring in the state of origin.

    wm's funding (i.e. CADI waiver) is not in jeopardy however because he isn't living in my home I may end up paying full support for him as well. At that point I will have to relinquish parental rights due to my health & financial status ~ I'm going to have to contact a family law attorney.

    I'm going to research an adoptive family support group in the state of origin to see what's happening there.

    I guess if a state can renege on labor contracts they can certainly renege on foster/adoptive parents agreements. I fear there will be a high incidence of disrupted adoptions if this continues.
  17. KTMom91

    KTMom91 Well-Known Member

    Oh, Linda...that's just so wrong that the state can do that. Praying hard that something can be worked out, and sending hugs to you.