In West Virginia, a parent has legally abandoned a child over six months old, if they know where the child lives, do not support the child financially, and have not had contact with the child for at least six months.

Inter-State adoptions are started through the ICPC (Interstate Compact for Placement of Children) process. Approval from both states must occur before placement of a child occurs. We can help /lead or assist you through this process.

Children adopted through DHS-subsidized adoptions can typically stay on Medicaid until they are at least 18 and longer in certain cases.

Great question and each answer will depend upon the specifics of each case. There are many different factors to consider including but not limited waiting for the sixty (60) day appeal period to pass, documents necessary for the adoption packet and supervisors' approval. What I can promise is that as soon as we get the packet from the adoption specialists, we will have it ready to be filed within 24-48 hours.

Unfortunately, no. There is specific language in the subsidy agreement that continued child care does not follow the child(ren) post adoption. “The monthly subsidy is used to provide for the needs of the child through age 18 and up to age 21 in circumstances where the youth qualifies to receive a continued subsidy. The subsidy is considered a supplement to the adoptive family income for the purpose of assisting with food, clothing, shelter, educational services, and other expenses for the child. The Bureau for Social Services does not agree to pay any additional amount above the agreed upon financial assistance in section B of this agreement, including postadoptive childcare.

Once you adopt a child, you can claim them on your taxes as a dependent. For nonfamily adoptions, you can also get tax credits from the state and federal DHS.

West Virginia gives one-time $4,000 tax credits for nonfamily adoptions. You can also file for one-time federal tax credits to cover certain adoption costs.

Foster care and kinship care adoptions are free, because they are subsidized by the DHS. For private, adult, and stepparent adoptions, attorney fees are determined based on the facts of the case. Before you make a single payment, we'll provide you with a detailed retainer estimate. This will include all fees for filing, paperwork, and hearings. We also offer payment plans.

The full adoption process can take anywhere from six months to 2 years. It goes faster if a child's biological parents have had their rights terminated or if you've already proved abandonment. We pride ourselves on speeding things up by completing your paperwork and submitting it to a judge in under 48 hours.

When you adopt, it is as if that child or adult is naturally born unto you. The adoptive parent or parents’ names will be listed on the new birth certificate as the natural parent or parents of the child or adult. The child or adult’s name can be changed or remain the same. Whether a name change occurs is at the discretion of the family. 

When the Court orders a subsidized legal guardianship as disposition in an abuse and neglect proceeding, that child remains in the legal guardianship of the family until that child turns 18 years of age. The biological parents' names will remain on the birth certificate. A child’s name may be changed during a legal guardianship proceeding. Legal Guardianships through Family Courts have different legal requirements. 

Absolutely! This is called kinship care, and these kinds of adoptions are fully subsidized by the DHS.

You will continue to receive the monthly subsidy that you are currently receiving and the medical card until the child turns 18 years of age. This can be extended to age 21. The DHS also agrees to pay $2,000.00 per child for the adoption or legal guardianship. My office will advance the 208.05 filing fee for each child and not charge anymore than the DHS pays. There are no out of pocket expenses.

The monthly subsidy will expire when your child(ren) turns 18 years of age, unless you apply for those benefits to extended past age 18 yrs before the child turns 18 yrs, If your child qualifies for extended benefits. 

The qualifications are as follows:  

“This agreement will be effective from the date of the court order approving the adoption until the first day of the month following the child’s 18th birthday provided the child continues to meet all eligibility requirements for adoption assistance. The subsidy may continue until the child reaches the age of 21, provided the child is: 

Completing high school or taking classes to prepare for the GED. 

Enrolled full-time or part-time in college. 

Enrolled full-time or part-time in a vocational or trade school.

Participating in a program designed to promote employment, such as Job Corps, WIA, or taking classes on job preparedness. 

Employed for at least 80 hours per month. 

Incapacitated or disabled due to a medical condition. 

It is imperative that you apply for continued coverage when the child is 17 ½ yrs. 18 ½  19 ½ 20 ½ . Otherwise these will benefits will expire and no longer be available.