As used in this article 7, unless the context otherwise
requires:
(1)Agreement means an adoption assistance agreement negotiated and
entered into pursuant to section 26-7-107.
(2)Anticipated needs means those needs that are reasonably foreseeable
and as defined in the eligibility criteria listed in subsection (8) of this section that
are known at the time of finalization of the adoption. Consideration of these
anticipated needs and services are part of the good-faith negotiation of the amount
of the adoption assistance payment and services and must comply with the funding
requirements in section 26-7-103.
(3)Benefit means any subsidy or service available to adoptive families
pursuant to this article 7, including monthly subsidy payments. These payments
must not include payme
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As used in this article 7, unless the context otherwise
requires:
(1) Agreement means an adoption assistance agreement negotiated and
entered into pursuant to section 26-7-107.
(2) Anticipated needs means those needs that are reasonably foreseeable
and as defined in the eligibility criteria listed in subsection (8) of this section that
are known at the time of finalization of the adoption. Consideration of these
anticipated needs and services are part of the good-faith negotiation of the amount
of the adoption assistance payment and services and must comply with the funding
requirements in section 26-7-103.
(3) Benefit means any subsidy or service available to adoptive families
pursuant to this article 7, including monthly subsidy payments. These payments
must not include payments for services that are reasonably accessible and can be
funded through other public or private sources, including but not limited to social
security and medicaid, as required in 20 U.S.C. sec. 1440.
(4) Child placement agency means any entity that, pursuant to the
requirements in section 26-6-903, may place, facilitate placement, or arrange for
the placement of an eligible child or youth for the purpose of adoption, treatment,
or foster care. Only eligible children or youth who are placed by a county
department or through a child placement agency that is designated as a nonprofit
entity and licensed by the state department are eligible to receive benefits
pursuant to this article 7.
(5) Circumstances of the family means the capacity of the family, including
but not limited to financial capacity, to meet the anticipated needs of the eligible
child or youth.
(6) County department means a county department of human or social
services.
(7) Dissolved adoption means an adoption in which the legal relationship
between the adoptive parents and adoptive child or youth is severed, either
voluntarily or involuntarily, after the adoption is legally finalized. This may result in
the child or youth's return to, or entry into, foster care.
(8) Eligible child or youth means a child or youth who meets the medical
and disability requirements for federal supplemental security income or is a child or
youth with one or more specific factors or conditions that would make it reasonable
to conclude that a child or youth cannot be adopted without providing benefits to
assist in the adoption. Such factors may include but are not limited to:
(a) A physical disability, such as hearing, vision, or physical impairment;
neurological conditions; disfiguring defects; metabolic disorder; a child or youth
infected with the human immunodeficiency virus; or heart defects that have been
documented by a licensed medical professional;
(b) A mental, intellectual, or developmental disability that has been
documented by a licensed medical professional, such as a perceptual, speech, or
language disability or any disability that results in educational delays or significant
learning difficulties;
(c) An emotional handicap, such as post-traumatic stress disorder, bipolar
disorder, or other mental health disorder that has been documented by a licensed
mental health professional;
(d) Hereditary factors that have been documented by a licensed medical
provider or mental health professional;
(e) An educational disability that qualifies for section 504 of the federal
Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701 et seq., or special
education services;
(f) Factors that place a child or youth in a high-risk category, such as being
drug- or alcohol-exposed in utero;
(g) Other conditions that act as a barrier to the child's or youth's adoption,
including but not limited to a healthy child or youth over seven years of age or a
sibling group that should remain intact and medical conditions that are likely to
require further treatment; or
(h) Ethnic background or membership in a minority group whose children or
youth might be difficult to place.
(9) Program means the adoption assistance program created in section 26-7-103.
(10) Services means any benefits other than monthly subsidy payments
that a family may receive as part of an agreement.
(11) State department means the state department of human services.
(12) Subsidy refers exclusively to monthly cash payments that are provided
to eligible families as part of an agreement.
(13) Title IV-E refers to federal funds administered through the social
security act to support states' programs, including but not limited to foster care,
adoption assistance, and guardianship assistance.