63.2-1302 - Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements. - Virginia Statutes

§ 63.2-1302. Adoption assistance payments; maintenance; special needs;payment agreements; continuation of payments when adoptive parents move toanother jurisdiction; procedural requirements.

A. Adoption assistance payments may include:

1. Title IV-E or state-funded maintenance payments that shall be payablemonthly to provide for the support and care of the child; however, Title IV-Eor state-funded maintenance payments shall not exceed the foster care paymentthat would otherwise be made for the child; and

2. State special services payments to provide special services to the childthat the adoptive parents cannot afford and that are not covered by insuranceor otherwise, including, but not limited to:

a. Medical, surgical and dental care;

b. Hospitalization;

c. Individual remedial educational services;

d. Psychological and psychiatric treatment;

e. Speech and physical therapy; and

f. Special services, equipment, treatment and training for physical andmental handicaps.

State special services payments may be paid to the vendor of the goods orservices directly or to the adoptive parents.

B. Adoption assistance payments shall cease when the child with special needsreaches the age of 18 years. If it is determined that the child has a mentalor physical handicap, or an educational delay resulting from such handicap,warranting the continuation of assistance, adoption assistance payments maybe made until the child reaches the age of 21 years.

C. Adoption assistance payments shall be made on the basis of an adoptionassistance agreement entered into by the local board and the adoptive parentsor, in cases in which the child is in the custody of a licensed child-placingagency, an agreement between the local board, the licensed child-placingagency and the adoptive parents.

Prior to entering into an adoption assistance agreement, the local board orlicensed child-placing agency shall ensure that adoptive parents havereceived information about their child's eligibility for adoption assistance;about their child's special needs and, to the extent possible, the currentand potential impact of those special needs. The local board or licensedchild-placing agency shall also ensure that adoptive parents receiveinformation about the process for appeal in the event of a disagreementbetween the adoptive parent and the local board or the adoptive parent andthe child-placing agency and information about the procedures for revisingthe adoption assistance agreement.

Adoptive parents shall submit annually to the local board within thirty daysof the anniversary date of the approved agreement an affidavit whichcertifies that (i) the child on whose behalf they are receiving adoptionassistance payments remains in their care, (ii) the child's conditionrequiring adoption assistance continues to exist, and (iii) whether or notchanges to the adoption assistance agreement are requested.

Title IV-E and state-funded maintenance payments made pursuant to thissection shall be changed only in accordance with the provisions of § 473 ofTitle IV-E of the Social Security Act (42 U.S.C. § 673).

D. Responsibility for adoption assistance payments for a child placed foradoption shall be continued by the local board that initiated the agreementin the event that the adoptive parents live in or move to anotherjurisdiction.

E. Payments may be made under this chapter from appropriations for fostercare services for the maintenance and medical or other services for childrenwho have special needs in accordance with § 63.2-1301. Within the limitationsof the appropriations to the Department, the Commissioner shall reimburse anyagency making payments under this chapter. Any such agency may seek andaccept funds from other sources, including federal, state, local, and privatesources, to carry out the purposes of this chapter.

(1974, c. 507, § 63.1-238.3; 1976, c. 216; 1977, c. 533; 1978, c. 536; 1980,c. 280; 1981, c. 359; 1982, c. 171; 1985, c. 568; 1987, cc. 650, 681; 1988,c. 417; 1989, c. 191; 2000, c. 290; 2002, c. 747; 2010, c. 271.)