§ 3140.203. Adoption
assistance agreement.
(a) The county agency shall execute a binding written
adoption assistance agreement between
the parties—prospective adoptive parents and county agency—at
the time of or before the court issues the final adoption
decree.
(b) The adoption assistance
agreement shall specify benefits and conditions relating to adoption
including:
(1) The dollar amount of the adoption
assistance payment, if any.
(2) The schedule for making payment and
the date on which the payment will commence, which may not be earlier
than the date on which the adoption was finalized and
the dollar amount of the nonrecurring adoption expenses,
if any.
(3) The availability and scope of Medical
Assistance coverage, under Title XIX of the Social
Security Act (42 U.S.C.A. § § 1396—1396q) (Title
XIX) (Medicaid).
(4) The availability and scope of social
services under Title XX of the Social Security Act (42 U.S.C.A. § § 1397—1397f)
(Title XX).
(5) The extent to which benefits for the
child will apply when the adoptive family resides in or relocates to
another state while the agreement is in effect.
(6) A provision for the protection of
the interests of the child in case the adoptive parents and child reside
or relocate to another state while the agreement is in effect.
(i) For an adopted child
certified eligible for Federal Financial Participation, eligibility
for Medical Assistance and Title XX social service
is retained.
(ii) With regard to
Medical Assistance eligibility under Title XIX and
social services under Title XX, one of the following statements shall
be contained in the agreement.
(A) ‘‘The
child you are adopting has been determined eligible for Federal Financial
Participation. If you currently reside or subsequently relocate outside
this Commonwealth, the child you are adopting will remain eligible for
Medical Assistance benefits under Title XIX of the
Social Security Act and social services under Title XX of the act. The
authorizing Medical Assistance card will be issued
from the child’s state of residence.’’
(B) ‘‘The
child you are adopting has been determined ineligible for Federal Financial
Participation. Although a Pennsylvania Medical Assistance
card may be provided in the child’s name regardless of your state
of residence, it may be difficult to locate medical providers who will
accept a Pennsylvania Medical Assistance card if you
reside outside Pennsylvania boundaries. Title XX social services as
agreed upon will be available to the extent that a voluntary agreement
can be worked out between involved states.’’
(iii) For agreements
entered into on or after October 1, 1983, if a needed service specified
in the adoption assistance agreement
is not available in the state of residence, the county making the original
adoption assistance agreement remains
responsible for assuring reasonable access to specified or comparable
service.
(7) The circumstances that would cause
a reduction in the amount paid or termination of the adoption
assistance agreement.
(8) That adoptive parents are responsible
for notifying the county agency of changes in circumstances, and that
the county agency will contact the parents at least annually to assess
the child’s continued dependency.
(9) Information concerning additional
services that are available to the child, such as mental health/mental
retardation services.
(10) Acknowledgement that the adoption
assistance agreement remains in effect if a family
relocates outside the certifying county.
(11) The duration of the agreement.
(12) The schedule for making payment and
the date on which payment will commence.
(c) Each party to the agreement shall be given one
signed copy of the agreement.
Authority
The provisions of this § 3140.203 amended
under Articles II, VII, IX and X of the Public Welfare Code (62 P. S.
§ § 201—211, 701—774, 901—922 and 1001—1080).
Source
The provisions of this § 3140.203 amended
January 23, 1987, effective January 24, 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 (114541) to (114542).
Cross References
This section cited in 55 Pa. Code § 3140.204
(relating to payments/benefits).
Information extracted from the
Pennsylvania Code. No part of this information may be reproduced
for profit or sold for profit.
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