Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

55 Pa. Code § 3140.207. Entitlement to other services and benefits.

§ 3140.207. Entitlement to other services and benefits.

 (a)  Notwithstanding another provision of law, families with a signed adoption assistance agreement, who are providing care for a child whom they intend to adopt under sections 771—774 of the Public Welfare Code (62 P. S. § §  771—774) and in accordance with this chapter are not liable under the Mental Health and Mental Retardation Act of 1966 (50 P. S. § §  4101—4704) or the Support Law (62 P. S. § §  1971—1977) if the child needs services or assistance available under these statutes. A child for whom an adoption assistance agreement has been entered and is living with a family who will or has already adopted under the Pennsylvania Adoption Assistance Program is considered a family of one:

   (1)  By the county board of assistance in determining eligibility for Medical Assistance.

   (2)  By the local offices of Mental Health and Mental Retardation in determining eligibility for mental health and mental retardation services.

 (b)  A child who qualifies for Federal Financial Participation is automatically eligible for services under Title XX (42 U.S.C.A. § §  1397—1397f) and Title XIX (42 U.S.C.A. § §  1396—1396q)—Medicaid—of the Social Security Act.

Source

   The provisions of this §  3140.207 amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437. Immediately preceding text appears at serial pages (114544) and (128297).

Cross References

   This section cited in 55 Pa. Code §  4305.33 (relating to income to be considered).



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