§ 3140.204. Payments/benefits.
(a) The county agency shall certify the child’s
eligibility for adoption assistance
and, in consultation with the adoptive parent, shall determine the terms
of the adoption assistance agreement.
(b) Two types of payments, as well as adoption
assistance benefits, shall be available to children
certified as eligible for adoption assistance
under this chapter. The two types of payments are adoption
assistance payments and nonrecurring adoption
expense payments.
(1) For adoption assistance
payments, the following apply:
(i) The amount of the
adoption assistance payment may not
exceed the foster care maintenance payment which would have been paid
if the child for whom the adoption assistance
payment is made were living in a foster family home.
(ii) The county agency
shall, when determining the dollar amount of the assistance
payment, consider the following circumstances of the adoptive parent
and child:
(A) Family
income and expenses.
(B) Family
financial assets and liabilities.
(C) Other
family resources, such as employe benefits, available to the adoptive
parent which would become accessible to the child.
(D) The
cost of supportive child services that are borne by the adoptive parents,
such as medical expenses not covered under the State Medical Assistance
Program, and special transportation costs.
(E) The
possible loss of benefits currently available to the child, such as
supplemental security income.
(iii) The county agency
which certifies the child eligible for adoption assistance
payments shall remain responsible for the agreed upon payments, as specified
in the adoption assistance agreement,
if the adoptive family relocates outside the county.
(iv) The county agency
may adjust the amount of the payments with the concurrence of the adoptive
parents.
(2) For nonrecurring adoption
expense, the following apply:
(i) Nonrecurring adoption
expenses shall be reasonable and necessary costs which are directly
related to the legal adoption of a child with special
needs and which are incurred in compliance with State and Federal laws.
(ii) Nonrecurring adoption
expenses include home study fees, court costs, attorney fees and travel,
when necessary to complete the placement or adoption
process.
(iii) The amount paid
to adoptive parents for nonrecurring adoption expenses
may not be a factor in determining the maximum amount of adoption
assistance payments under paragraph (1)(i).
(iv) Nonrecurring adoption
expense payments shall be a one-time payment.
(v) For nonrecurring
adoption expenses, the following two exceptions apply
to the adoption assistance agreement
requirement of § 3140.203(a) (relating to adoption
assistance agreement).
(A) The
final decree of adoption must have been entered on
or after January 1, 1987 and before June 14, 1989.
(B) A final
decree must have been entered before January 1, 1987 but nonrecurring
adoption expenses must have been paid after January
1, 1987.
(vi) For nonrecurring
adoption expenses, when the final decree has been entered
between January 1, 1987 and June 14, 1989, or if a final decree has
been entered before January 1, 1987 but nonrecurring adoption
expenses have been paid after January 1, 1987, individuals who seek
reimbursement shall enter into an agreement with the county agency that
certifies the child, and file a claim before December 14, 1990.
(3) For adoption assistance
benefits the following apply:
(i) The terms of Medical
Assistance benefits shall be specified.
(ii) The terms of Title
XX of the Social Security Act (42 U.S.C.A. § § 1397—1397f)
social services shall be specified.
(c) Criteria for the adoptive parents, such as residence
or a means test designed to exclude prospective adoptive parents from
receiving payments or other adoption assistance
benefits provided for in this subchapter on behalf of an eligible child,
may not be used by the county agency.
(d) An eligible child shall begin to receive adoption
assistance payments and benefits when an adoption
assistance agreement is in effect under § 3140.203
and the child is placed in the home of prospective adoptive parents.
(e) Adoption assistance
payments and benefits shall be terminated by the county agency when
one of the following occurs:
(1) The child reaches 18 years of age.
(2) The adoptive parents are no longer
providing for the financial support of the child.
(3) The parents are determined by court
action to no longer be legally responsible for the child.
(4) The adoptive parents request termination
of adoption assistance.
Authority
The provisions of this § 3140.204 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 § 3140.204
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 (114542) to (114543).
Information extracted from the Pennsylvania Code.
No part of this information may be reproduced for profit or sold
for profit.
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