§ 453-A — Payments for non-recurring adoption expenses

§ 453-a. Payments for non-recurring adoption expenses. 1. A social\nservices official shall make payments for non-recurring adoption\nexpenses incurred by or on behalf of the adoptive parents of a child\nwith special needs, when such expenses are incurred in connection with\nthe adoption of a child with special needs through an authorized agency.\nIn accordance with subdivision two of this section, the payments shall\nbe made by the social services official either to the adoptive parents\ndirectly, to the authorized agency on behalf of the adoptive parents or\nto an attorney on behalf of the adoptive parents for the allowable\namount of attorney's fees or court costs incurred in connection with\nsuch completed adoption.\n 2. The amount of the payment made pursuant to this section shall be\ndetermined pursuant to the regulations of the department. Nothing herein\nshall obligate a social services official to make payments for the full\namount of non-recurring adoption expenses incurred by or on behalf of\nthe adoptive parents of a child with special needs.\n 3. Payments for non-recurring adoption expenses made by a social\nservices official pursuant to this section shall be treated as\nadministrative expenditures under title IV-E of the social security act\nand shall be reimbursed by the state accordingly.\n 4. Payments under this section shall be made pursuant to a written\nagreement between the social services official, other relevant\nauthorized agencies and the adoptive parents of a child with special\nneeds. The written agreement shall specify the nature and amount of any\npayments, services and assistance to be provided, shall stipulate that\nthe agreement remain in effect regardless of the state of residence of\nthe adoptive parents at any time and shall contain provisions for the\nprotection of the interests of the child where the adoptive parents and\nthe child move to another state while the agreement is effective.\nApplications for such subsidies shall be accepted prior to the\ncommitment of the guardianship and custody of the child to an authorized\nagency pursuant to the provisions of this chapter, and approval thereof\nmay be granted contingent upon such commitment.\n 5. When the parental rights of a child with special needs have been\nterminated in this state and the child's guardianship has been committed\nto an authorized agency, the child is adopted in another state and the\nadoptive parents are not eligible for payments of non-recurring\nadoption expenses in the other state, a social services official shall\nmake payments of the non-recurring adoption expenses incurred by or on\nbehalf of the adoptive parents, if such parents are otherwise eligible\nfor payments under subdivision one of this section.\n 6. As used in this section, non-recurring adoption expenses shall mean\nreasonable and necessary adoption fees, court costs, attorney fees and\nother expenses which are directly related to the legal adoption of a\nchild with special needs and which are not incurred in violation of\nfederal law or the laws of this state or any other state.\n 7. As used in this section, a child with special needs shall mean a\nchild who:\n (a) the state has determined cannot or shall not be returned to the\nhome of his or her parents; and\n (b) the state has first determined:\n (i) is a handicapped child as defined in subdivision two of section\nfour hundred fifty-one of this title, or is a hard-to-place child as\ndefined in paragraph (c) of subdivision three of section four hundred\nfifty-one of this title; and\n (ii) a reasonable, but unsuccessful effort has been made to place the\nchild with appropriate adoptive parents without adoption assistance.\nSuch an effort need not be made where such efforts would not be in the\nbest interests of the child because of such factors as the existence of\nsignificant emotional ties with prospective adoptive parents while in\nthe care of such parents as a foster child.\n