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Eligibility for Adoption Assistance/Subsidy
Procedure from Policy 700.0090: Adoption Subsidy
 
A.     Identification of Special Needs - A child is considered to have special needs and to be eligible for federal or state adoption assistance if the child meets all of the following three (3) criteria:
 
B.     Title IV-E Eligibility for a Non-Applicable Child
 
C.     Title IV-E Eligibility for an Applicable Child
1.     Eligibility for Title IV-E Adoption Assistance as an applicable child exists when any of the following apply and the child meets the definition of "special needs" (Refer to section A above).
a.      Child meets the applicable age requirements.
b.      Child has been in foster care for at least sixty (60) consecutive months.
c.      Child is a sibling of an applicable child by virtue of age or time in foster care and is placed in the same adoption arrangement as his or her sibling.
2.     An applicable child with special needs must also meet one of the four (4) following eligibility requirements.
a.      The child, at the time of the initiation of adoption proceedings, was in the care of DCYF or licensed private child placement agency pursuant to:
i.     An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or
ii.     Child was placed through a voluntary agreement or voluntarily relinquished.
b.      The child meets all medical and disability requirements of Title XVI with respect to eligibility for SSI benefits.  An applicable child does not have to meet the needs-based requirements for SSI.
c.      The child was residing in a foster family home or child care institution with his/her minor parent and the minor parent was removed from home pursuant to either:
i.     An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or
ii.     A voluntary placement agreement or voluntary relinquishment.
d.      The child was adopted and was determined eligible for Title IV-E adoption assistance in a prior adoption (or would have been found eligible had the Adoption and Safe Families Act of 1997 been in effect at the time of the previous adoption), and is available for adoption because the prior adoption has been dissolved or the child’s adoptive parents have died.
i.     In such an instance the child may retain eligibility for adoption assistance payments in a subsequent adoption.
ii.     The child must continue to meet the definition of a child with “special needs” (refer to Section A above).
3.     No payment (including non-recurring expenses) may be made to parents with respect to any applicable child for a fiscal year that the child:
a.      Is not a citizen or resident of the United States.
b.      Was adopted outside of the United States or was brought into the United States for the purpose of being adopted.
4.     A child that is not a citizen or resident of the United States and was adopted outside of the United States or brought into the United States for the purpose of being adopted may be eligible for adoption assistance payments if the initial adoption of the child by parents is a failure and the child is subsequently placed into foster care.
 
D.     Eligibility for Subsidy until Age Twenty-one (21)
1.     A child is generally eligible for adoption subsidy until he or she reaches the age of eighteen (18).
2.     A child with a severe, pre-existing physical, emotional or mental disability or physical condition that is unlikely to change may be eligible to receive adoption subsidy payments until age twenty-one (21).
a.     Worker must obtain documentation of severe physical, emotional or mental disability or physical condition.
b.     Documentation must be submitted for administrative review and approval with the request for adoption subsidy.
 
E.     Inter-jurisdictional Adoptions