42 U.S.C.A. §§
670. Congressional declaration of purpose; authorization of appropriations
For the purpose of enabling each State to provide, in appropriate
cases, foster care and transitional independent living programs
for children who otherwise would have been eligible for assistance
under the State's plan approved under part A of this subchapter
(as such plan was in effect on June 1, 1995) and adoption assistance
for children with special needs, there are authorized to be appropriated
for each fiscal year (commencing with the fiscal year which begins
October 1, 1980) such sums as may be necessary to carry out the
provisions of this part. The sums made available under this section
shall be used for making payments to States which have submitted,
and had approved by the Secretary, State plans under this part. . . .
42 U.S.C.A. §§673. Adoption assistance program
a. Agreements with adoptive parents of children with special needs;
State payments; qualifying children; amount of payments; changes
in circumstances; placement period prior to adoption; nonrecurring
adoption expenses
1.
A. Each State having a plan approved under this part shall enter
into adoption assistance agreements (as defined in section 675(3)
of this title with the adoptive parents of children with special
needs.
B. Under any adoption assistance agreement entered into by a State
with parents who adopt a child with special needs, the State—
i. shall make payments of nonrecurring adoption expenses incurred
by or on behalf of such parents in connection with the adoption
of such child, directly through the State agency or through another
public or nonprofit private agency, in amounts determined under
paragraph (3), and
ii. in any case where the child meets the requirements of paragraph
(2), may make adoption assistance payments to such parents, directly
through the State agency or through another public or nonprofit
private agency, in amounts so determined.
2. For purposes of paragraph (1)(B)(ii), a child meets the requirements
of this paragraph if such child—
A.
i. at the time adoption proceedings were initiated, met the requirements
of section 606(a) of this title or section 607 of this title (as
such sections were in effect on July 16, 1996) or would have met
such requirements except for his removal from the home of a relative
(specified in section 606(a) of this title (as so in effect)), either
pursuant to a voluntary placement agreement with respect to which
Federal payments are provided under section 674 (or 603 (as such
section was in effect on July 16, 1996)) of this title or as a result
of a judicial determination to the effect that continuation therein
would be contrary to the welfare of such child,
ii. meets all of the requirements of subchapter XVI of this chapter
with respect to eligibility for supplemental security income benefits,
or
iii. is a child whose costs in a foster family home or child-care
institution are covered by the foster care maintenance payments
being made with respect to his or her minor parent as provided in
section 675(4)(B) of this title,
B.
i. would have received aid under the State plan approved under
section 602 of this title (as in effect on July 16, 1996) in or
for the month in which such agreement was entered into or court
proceedings leading to the removal of such child from the home were
initiated, or
ii.
I. would have received such aid in or for such month if application
had been made therefor, or
II. had been living with a relative specified in section 606(a)
of this title (as in effect on July 16, 1996) within six months
prior to the month in which such agreement was entered into or such
proceedings were initiated, and would have received such aid in
or for such month if in such month he had been living with such
a relative and application therefor had been made, or
III. is a child described in subparagraph (A)(ii) or (A)(iii),
and
C. has been determined by the State, pursuant to subsection (c)
of this section, to be a child with special needs. . . .
c. Children with special needs—For purposes of this section,
a child shall not be considered a child with special needs unless—
1. the State has determined that the child cannot or should not
be returned to the home of his parents; and
2. the State had first determined (A) that there exists with respect
to the child a specific factor or condition (such as his ethnic
background, age, or membership in a minority or sibling group, or
the presence of factors such as medical conditions or physical,
mental, or emotional handicaps) because of which it is reasonable
to conclude that such child cannot be placed with adoptive parents
without providing adoption assistance under this section or medical
assistance under subchapter XIX of this chapter, and (B) that, except
where it would be against the best interests of the child because
of such factors as the existence of significant emotional ties with
prospective adoptive parents while in the care of such parents as
a foster child, a reasonable, but unsuccessful, effort has been
made to place the child with appropriate adoptive parents without
providing adoption assistance under this section or medical assistance
under subchapter XIX of this chapter. |