63.2-1300 - Purpose and intent of adoption assistance; eligibility. - Virginia Statutes

§ 63.2-1300. Purpose and intent of adoption assistance; eligibility.

The purpose of adoption assistance is to facilitate adoptive placements andensure permanency for children with special needs. Adoption assistance mayinclude Title IV-E maintenance payments, state-funded maintenance payments,state special services payments and nonrecurring expense payments madepursuant to requirements set forth in this chapter.

A child with special needs is a child who is a citizen or legal resident ofthe United States who is unlikely to be adopted within a reasonable period oftime due to one or more of the following factors:

1. Physical, mental or emotional condition existing prior to adoption;

2. Hereditary tendency, congenital problem or birth injury leading tosubstantial risk of future disability; or

3. Individual circumstances of the child related to age, racial or ethnicbackground or close relationship with one or more siblings.

A child with special needs will be eligible for adoption assistance if (i)the child cannot or should not be returned to the home of his parents and(ii) reasonable efforts to place the child in an appropriate adoptive homewithout the provision of adoption assistance have been unsuccessful. Anexception may be made to the requirement that efforts be made to place thechild in an adoptive home without the provision of adoption assistance whenthe child has developed significant emotional ties with his foster parentswhile in their care and that the foster parents wish to adopt the child.

(1974, c. 507, § 63.1-238.1; 1978, c. 536; 1981, c. 359; 1987, cc. 650, 681;2000, cc. 290, 830, § 63.1-238.03; 2002, c. 747; 2010, c. 271.)