§ 3140.202. Child eligibility.
(a) The county children and youth social service agency
(county agency) is the sole authority for certifying a child’s
eligibility for adoption assistance.
(b) The county agency shall certify for adoption
assistance children whose placement goal is adoption
and who meet the following requirements:
(1) The child is 17 years of age or younger.
(2) Parental rights have been terminated
under 23 Pa.C.S. Part III (relating to the Adoption
Act).
(3) The child is in the legal custody
of the county agency or another agency approved by the Department.
(4) The child shall have at least one
of the following characteristics:
(i) A physical, mental
or emotional condition or handicap.
(ii) A genetic condition
which indicates a high risk of developing a disease or handicap.
(iii) Be a member of
a minority group.
(iv) Be a member of
a sibling group.
(v) Be 5 years of age
or older.
(c) Prior to certification for adoption
assistance, the county agency shall make reasonable
efforts to find an adoptive home without providing adoption
assistance. Evidence of this effort shall be recorded
in the case record and include registration with the Department’s
adoption exchange for at least 3 months.
(d) If it would be against the best interests of the
child because of factors, such as the existence of significant emotional
ties with prospective adoptive parents while in the care of the parents
as a foster child, the requirement of subsection (c) does not apply.
Authority
The provisions of this § 3140.202 amended under Articles
II, VII, IX and X of the PublicWelfare Code (62 P. S. § § 201—211,
701—774, 901—922 and 1001—1080).
Source
The provisions of this § 3140.202 amended
January 23, 1987, effective July 23, 1987, 17 Pa.B. 392; amended October
26, 1990, effective immediately and apply retroactively to July 30,
1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages
(114540) to (114541).
Cross References
This section cited in 55 Pa. Code § 3140.205
(relating to eligibility for Federal financial participation).
Information extracted from the
Pennsylvania Code. No part of this information may be reproduced
for profit or sold for profit.
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