Sarah and Gabriel Hahn already had seven children, five biological and three adopted. They wanted to have more but had decided to delay growing their family. Gabe had just started a new job and the timing wasn't right. Then Special Angels Adoption, an adoption agency in Ohio that they had registered with previously, called about birth parents who were looking for a specific type of adoptive family for their baby.

 

"The birth parents wanted a family with siblings where the mom stayed home and the family was outdoorsy and active," says Sarah. "We were a good fit. And this could be the special needs child we had been hoping for. A week-and-a-half later we brought Luke home."

 

Luke was two and a half months old and had been diagnosed with Prader Willi Syndrome (PWS). PWS is a complex genetic syndrome which affects children globally, and multiple medical specialists are needed to manage their care long term. PWS children usually have severe low muscle tone and an insatiable appetite. They often fall within the low range of intellectual development and will likely never live independently.

 

Sarah and Gabe immediately arranged for Luke to receive the medical care he needed, including daily growth hormone treatments; physical therapy, speech therapy, and occupational therapy multiple times per week; as well as later providing music therapy and swimming. They orchestrated a team of medical specialists around the country who could care for him. Quickly the Hahns discovered that the treatments and medical needs totaled over $2,000 a month.

 

"We were determined to get Luke everything he needed, but we had no idea the mounting expenses that would come with his special needs," says Sarah.

 

Sarah started communicating with the Colorado Department of Human Services to secure an adoption subsidy but without much success. "I spent about six months sending emails and calling lots of people. I was ping-ponged around or just got silence. They ultimately said he didn't qualify. It was so frustrating."

 

The Hahns knew Seth Grob as the attorney who worked with Hope's Promise, the adoption agency they worked with previously for their daughter's adoption. "We met with Seth and hired him on the spot," says Sarah. "From then on we got responses. Seth sent emails and letters and we heard back within hours or a day."

 

"Sarah and Gabriel needed Medicaid; without it, medications would have been $4,000 per month," says Seth. "And there was another $2,000 per month in equipment and therapies. They also incurred considerable expenses traveling around the U.S. to meet with specialists. They simply could not proceed with the adoption without the subsidy."

 

Seth initially set a meeting with the Colorado Department of Human Services. The State's position was that they were not responsible for providing and paying for a subsidy since this was a private adoption and the child was born in a different state.

 

"I believed the State of Colorado was indeed responsible for determining subsidy eligibility and paying for it," says Seth. "Federal law provides that in interstate private adoptions, the responsibility vests with the state where the adoptive parents reside, not where the child is born. Through extensive advocacy, we were able to convince Colorado to reverse their earlier decision."

 

Within weeks the Hahns received approval at the state level that the child was eligible for adoption assistance and then moved on to the county to negotiate the amount of the subsidy. Seth wrote a lengthy letter outlining the child's expenses, the family dynamics and why the family needed the subsidy, including letters from Luke's team of medical specialists. The county granted the full amount requested plus an additional 10%. Therefore, the county agreed to provide the family $2,000 per month until the child reaches the age of 21 based upon the complexity of the child's care. Thus, the subsidy will amount to approximately a half million dollars over the course of the child's minority.  The county also provided reimbursement for legal fees.

 

"We know we got it because of Seth," says Sarah. "We thought it was going to be another battle, but that wasn't the case at all. Seth has so much knowledge and expertise and has so many relationships. It happened quickly and that was all because of Seth."

 

"This case exemplifies that advocacy and legal representation on difficult subsidy cases are so critical to achieve a positive result for a family," says Seth. "Without counsel well versed in subsidy related cases, many families won't get the resources they need to finalize the adoption or maintain it in the future."

 

Luke was legally adopted March 23, 2020.