§ 3140.204. Payments/benefits.
(a) The county agency shall certify the child’s eligibility for adoption assistance and, in consultation with the adoptive parent, shall determine the terms of the adoption assistance agreement.
(b) Two types of payments, as well as adoption assistance benefits, shall be available to children certified as eligible for adoption assistance under this chapter. The two types of payments are adoption assistance payments and nonrecurring adoption expense payments.
(1) For adoption assistance payments, the following apply:
(i) The amount of the adoption assistance payment may not exceed the foster care maintenance payment which would have been paid if the child for whom the adoption assistance payment is made were living in a foster family home.
(ii) The county agency shall, when determining the dollar amount of the assistance payment, consider the following circumstances of the adoptive parent and child:
(A) Family income and expenses.
(B) Family financial assets and liabilities.
(C) Other family resources, such as employe benefits, available to the adoptive parent which would become accessible to the child.
(D) The cost of supportive child services that are borne by the adoptive parents, such as medical expenses not covered under the State Medical Assistance Program, and special transportation costs.
(E) The possible loss of benefits currently available to the child, such as supplemental security income.
(iii) The county agency which certifies the child eligible for adoption assistance payments shall remain responsible for the agreed upon payments, as specified in the adoption assistance agreement, if the adoptive family relocates outside the county.
(iv) The county agency may adjust the amount of the payments with the concurrence of the adoptive parents.
(2) For nonrecurring adoption expense, the following apply:
(i) Nonrecurring adoption expenses shall be reasonable and necessary costs which are directly related to the legal adoption of a child with special needs and which are incurred in compliance with State and Federal laws.
(ii) Nonrecurring adoption expenses include home study fees, court costs, attorney fees and travel, when necessary to complete the placement or adoption process.
(iii) The amount paid to adoptive parents for nonrecurring adoption expenses may not be a factor in determining the maximum amount of adoption assistance payments under paragraph (1)(i).
(iv) Nonrecurring adoption expense payments shall be a one-time payment.
(v) For nonrecurring adoption expenses, the following two exceptions apply to the adoption assistance agreement requirement of § 3140.203(a) (relating to adoption assistance agreement).
(A) The final decree of adoption must have been entered on or after January 1, 1987 and before June 14, 1989.
(B) A final decree must have been entered before January 1, 1987 but nonrecurring adoption expenses must have been paid after January 1, 1987.
(vi) For nonrecurring adoption expenses, when the final decree has been entered between January 1, 1987 and June 14, 1989, or if a final decree has been entered before January 1, 1987 but nonrecurring adoption expenses have been paid after January 1, 1987, individuals who seek reimbursement shall enter into an agreement with the county agency that certifies the child, and file a claim before December 14, 1990.
(3) For adoption assistance benefits the following apply:
(i) The terms of Medical Assistance benefits shall be specified.
(ii) The terms of Title XX of the Social Security Act (42 U.S.C.A. § § 1397—1397f) social services shall be specified.
(c) Criteria for the adoptive parents, such as residence or a means test designed to exclude prospective adoptive parents from receiving payments or other adoption assistance benefits provided for in this subchapter on behalf of an eligible child, may not be used by the county agency.
(d) An eligible child shall begin to receive adoption assistance payments and benefits when an adoption assistance agreement is in effect under § 3140.203 and the child is placed in the home of prospective adoptive parents.
(e) Adoption assistance payments and benefits shall be terminated by the county agency when one of the following occurs:
(1) The child reaches 18 years of age.
(2) The adoptive parents are no longer providing for the financial support of the child.
(3) The parents are determined by court action to no longer be legally responsible for the child.
(4) The adoptive parents request termination of adoption assistance.
Authority The provisions of this § 3140.204 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 § 3140.204 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 (114542) to (114543).
Notes of Decisions Eligibility; Retroactivity
Although there was no adoption assistance agreement in effect, between the county agency and the adopting parent at the time of the adoption decree, there were ‘‘extenuating circumstances’’ therefore, it was appropriate to award adoption subsidy payments to the adopting parents retroactive to the date of adoption. Allegheny County Office of Children and Youth Services v. Department of Public Welfare, 800 A.2d 367 (Pa. Cmwlth. 2002).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
