We are trying to finalize our 2011 taxes and find that we are eligible for the tax credit for adopting. From what we can find, the children qualify as a "special needs group" due to the fact that there are 3 of them, i.e., a large group qualifies as "special needs". We have asked California for a letter of determination and have been denied. We believe that we can still qualify and have decided to take our request straight to the IRS when we file. To do so, we need a copy of the homestudy to submit to the IRS. Our request for a copy of the home study has been denied based upon NAC 127.405 which states "An agency which provides child welfare services may release a copy of a study of a prospective adoptive home that it conducted to another agency which is licensed or approved to place children for adoption, if the applicant on whom the study was conducted has signed a release of that information."
I do not think this is the correct NAC reference to deny our request because it discusses release of information/copies of study between agencies. It does not address release of information to those on whom the study was conducted. Nowhere contained herein is there a prohibition of releasing this information to the person on whom the study was conducted.
Also, this information is being shared between California and Nevada because we signed a release. Because we signed the release, we are authorizing release of the information, arguably, if we authorize release of the information to California, then we have authorized release of the information to our selves.
Finally, it is my understanding that if my name, social, address, etc., is contained within a document I can not be denied a copy of the document.
Unfortunately, because the children are wards of California and we live in Nevada, we receive no assistance (financial, medicaid, etc.) from either state. My husband is retired military and TRICARE did allow us to add the children, so we do have health coverage. California has turned down our requests for assistance because the children don't live in California and Nevada has turned us down because the children are wards of California. My husband and I are both learned, educated people, and are trying to handle this on our own, primarily because quite simply, we just don't have the resources to keep food on the table, pay the utilities, and also pay an attorney to help us with this. Also, working against us is we don't know what we should be entitled to and what we may be being denied due to our ignorance of how the "system" works - neither of us, in our entire lives have ever received any government assistance of any type or form.
In the past when I have attempted to discuss a decision made by the social worker who usually references some statute from either NRS or NAC and that I have a different take on what that particular statute may mean, my comments are met with a "how dare you question me" type of response.
I would appreciate any assistance anyone may have as to how to readdress our request for a copy of the home study in order to submit to the IRS with our taxes.
Thank you so much in advance.