§ 3140.203. Adoption assistance agreement.
(a) The county agency shall execute a binding written adoption assistance agreement between the parties—prospective adoptive parents and county agency—at the time of or before the court issues the final adoption decree.
(b) The adoption assistance agreement shall specify benefits and conditions relating to adoption including:
(1) The dollar amount of the adoption assistance payment, if any.
(2) The schedule for making payment and the date on which the payment will commence, which may not be earlier than the date on which the adoptionwas finalized and the dollar amount of the nonrecurring adoption expenses, if any.
(3) The availability and scope of Medical Assistance coverage, under Title XIX of the Social Security Act (42 U.S.C.A. § § 1396—1396q) (Title XIX) (Medicaid).
(4) The availability and scope of social services under Title XX of the Social Security Act (42 U.S.C.A. § § 1397—1397f) (Title XX).
(5) The extent to which benefits for the child will apply when the adoptive family resides in or relocates to another state while the agreement is in effect.
(6) A provision for the protection of the interests of the child in case the adoptive parents and child reside or relocate to another state while the agreement is in effect.
(i) For an adoptive child certified eligible for Federal Financial Participation, eligibility for Medical Assistance and Title XX social service is retained.
(ii) With regard to Medical Assistance eligibility under Title XIX and social services under Title XX, one of the following statements shall be contained in the agreement.
(A) ‘‘The child you are adopting has been determined eligible for Federal Financial Participation. If you currently reside or subsequently relocate outside this Commonwealth, the child you are adopting will remain eligible for Medical Assistance benefits under Title XIX of the Social Security Act and social services under Title XX of the act. The authorizing Medical Assistance card will be issued from the child’s state of residence.’’
(B) ‘‘The child you are adopting has been determined ineligible for Federal Financial Participation. Although a Pennsylvania Medical Assistance card may be provided in the child’s name regardless of your state of
(5) The extent to which benefits for the child will apply when the adoptive family resides in or relocates to another state while the agreement is in effect.
(6) A provision for the protection of the interests of the child in case the adoptive parents and child reside or relocate to another state while the agreement is in effect.
(i) For an adopted child certified eligible for Federal Financial Participation, eligibility for Medical Assistance and Title XX social service is retained.
(ii) With regard to Medical Assistance eligibility under Title XIX and social services under Title XX, one of the following statements shall be contained in the agreement.
(A) ‘‘The child you are adopting has been determined eligible for Federal Financial Participation. If you currently reside or subsequently relocate outside this Commonwealth, the child you are adopting will remain eligible for Medical Assistance benefits under Title XIX of the Social Security Act and social services under Title XX of the act. The authorizing Medical Assistance card will be issued from the child’s state of residence.’’
(B) ‘‘The child you are adopting has been determined ineligible for Federal Financial Participation. Although a Pennsylvania Medical Assistance card may be provided in the child’s name regardless of your state of residence, it may be difficult to locate medical providers who will accept a Pennsylvania Medical Assistance card if you reside outside Pennsylvania boundaries. Title XX social services as agreed upon will be available to the extent that a voluntary agreement can be worked out between involved states.’’
(iii) For agreements entered into on or after October 1, 1983, if a needed service specified in the adoption assistance agreement is not available in the state of residence, the county making the original adoption assistance agreement remains responsible for assuring reasonable access to specified or comparable service.
(7) The circumstances that would cause a reduction in the amount paid or termination of the adoption assistance agreement.
(8) That adoptive parents are responsible for notifying the county agency of changes in circumstances, and that the county agency will contact the parents at least annually to assess the child’s continued dependency.
(9) Information concerning additional services that are available to the child, such as mental health/mental retardation services.
(10) Acknowledgement that the adoption assistance agreement remains in effect if a family relocates outside the certifying county.
(11) The duration of the agreement.
(12) The schedule for making payment and the date on which payment will commence.
(c) Each party to the agreement shall be given one signed copy of the agreement.
Authority The provisions of this § 3140.203 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 § 3140.203 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 (114541) to (114542).
Notes of Decisions The extenuating circumstances doctrine states that adoptive parents have a right to a fair hearing if the State or county adoption agency fails to advise adoptive parents of the availability of adoption assistance. The extenuating circumstances doctrine does not apply when a county agency or the Department does not know of the existence of the children before the adoption is finalized. Without knowledge of the children, the county agency or the Department cannot comply with § § 3140.202(c) or 3140.203(a). Laird v. Dep’t of Pub. Welfare, 23 A.3d 1015, 1030 (Pa. 2011).
Cross References This section cited in 55 Pa. Code § 3140.204 (relating to payments/benefits).
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