63.2-1301 - Types of adoption assistance payments. - Virginia Statutes

§ 63.2-1301. Types of adoption assistance payments.

A. Title IV-E maintenance payments shall be made to the adoptive parents onbehalf of an adopted child placed if it is determined that the child is achild with special needs and the child meets the requirements set forth in §473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).

B. State-funded maintenance payments shall be made to the adoptive parents onbehalf of an adopted child if it is determined that the child does not meetthe requirements set forth in § 473 of Title IV-E of the Social Security Act(42 U.S.C. § 673) but the child is a child with special needs. For thispurpose of state-funded maintenance payments only, a child with special needsmay include:

1. A child for whom the factors set forth in subdivision 1 or 2 of §63.2-1300 are present at the time of adoption but are not diagnosed untilafter the final order of adoption, when no more than one year has elapsedfrom the date of diagnosis; or

2. A child who has lived with his foster parents for at least 12 months andhas developed significant emotional ties with his foster parents while intheir care, when the foster parents wish to adopt the child and state-fundedmaintenance payments are necessary to enable the adoption.

C. State special services payments shall be made to the adoptive parents andother persons on behalf of a child in the custody of the local board or inthe custody of a licensed child-placing agency and placed for adoption,pursuant to this chapter, if it is determined that:

1. The child is a child with special needs; and

2. The adoptive parents are capable of providing the permanent familyrelationships needed by the child in all respects except financial.

D. Nonrecurring expense payments shall be made to the adoptive parents forexpenses related to the adoption including reasonable and necessary adoptionfees, court costs, attorney fees and other legal service fees, as well as anyother expenses that are directly related to the legal adoption of a childwith special needs including costs related to the adoption study, any healthand psychological examinations, supervision of the placement prior toadoption and any transportation costs and reasonable costs of lodging andfood for the child and the adoptive parents when necessary to complete theplacement or adoption process for which the adoptive parents carry ultimateliability for payment and that have not been reimbursed from any othersource, as set forth in 45 C.F.R. § 1356.41. However, the total amount ofnonrecurring expense payments made to adoptive parents for the adoption of achild shall not exceed $2,000 or an amount established by federal law.

(1974, c. 507, § 63.1-238.2; 1982, c. 171; 1983, c. 292; 1987, cc. 650, 681;2002, c. 747; 2010, c. 271.)