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Great-grandparents sue Wayne County over adoption subsidy

Times-Tribune - 8/12/2017

Aug. 12--The great-grandparents of three children are suing Wayne County Children and Youth Services, alleging they were wrongly denied adoption subsidies because they adopted the siblings through a private arrangement.

Linda and Warren Baker contend they are entitled to benefits under a state program that provides subsidies to help people who adopt children with disabilities pay for care they need. Wayne County refused to approve them for the program, however, because the children were not adopted privately and not through the foster care system, according to the federal lawsuit filed by Carbondale attorney Harry Coleman.

Michael Donahue, attorney for Children and Youth, recently filed a motion to dismiss the lawsuit, arguing the agency rightly denied the adoption subsidy because the children were not in the custody of Children and Youth at the time they were adopted, which is required under Pennsylvania's adoption assistance program. Donahue also says the Bakers first had to appeal the decision through state authorities before filing suit, which they failed to do.

According to the lawsuit, the Bakers are the maternal great-grandparents of three children, ages 12, 10 and 9. In July 2013, they were granted emergency custody of the children after their mother entered a drug rehabilitation facility and their father was charged with beating one of the children. Each of the children is diagnosed with behavioral and emotional disorders.

Under state law, children with a physical, mental or emotional handicap qualify for federally funded adoption subsidies if they are subject to the custody or control of a children and youth agency. The Bakers were informed they did not qualify because the children were not in foster care at the time they were adopted.

The suit claims the decision violates the Americans with Disabilities Act and the Rehabilitation Act, which ensure disabled people are not discriminated against based on their disabilities. It seeks an injunction ordering Children and Youth to provide the subsidies and other compensatory damages for violations of the Bakers' civil rights.

Contact the writer:

tbesecker@timesshmarock.com; 570-348-9137;

@tmbeseckerTT on Twitter

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