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U.S. Code as of:
01/19/04
Section 673. Adoption assistance program
(a) Agreements with adoptive parents of children with special
needs; State payments; qualifying children; amount of payments;
changes in circumstances; placement period prior to adoption;
nonrecurring adoption expenses
(1)(A) Each State having a plan approved under this part shall
enter into adoption assistance agreements (as defined in section
675(3) of this title) with the adoptive parents of children with
special needs.
(B) Under any adoption assistance agreement entered into by a
State with parents who adopt a child with special needs, the State
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(i) shall make payments of nonrecurring adoption expenses
incurred by or on behalf of such parents in connection with the
adoption of such child, directly through the State agency or
through another public or nonprofit private agency, in amounts
determined under paragraph (3), and
(ii) in any case where the child meets the requirements of
paragraph (2), may make adoption assistance payments to such
parents, directly through the State agency or through another
public or nonprofit private agency, in amounts so determined.
(2) For purposes of paragraph (1)(B)(ii), a child meets the
requirements of this paragraph if such child -
(A)(i) at the time adoption proceedings were initiated, met the
requirements of section 606(a) of this title or section 607 of
this title (as such sections were in effect on July 16, 1996) or
would have met such requirements except for his removal from the
home of a relative (specified in section 606(a) of this title (as
so in effect)), either pursuant to a voluntary placement
agreement with respect to which Federal payments are provided
under section 674 (or 603 (as such section was in effect on July
16, 1996)) of this title or as a result of a judicial
determination to the effect that continuation therein would be
contrary to the welfare of such child,
(ii) meets all of the requirements of subchapter XVI of this
chapter with respect to eligibility for supplemental security
income benefits, or
(iii) is a child whose costs in a foster family home or
child-care institution are covered by the foster care maintenance
payments being made with respect to his or her minor parent as
provided in section 675(4)(B) of this title,
(B)(i) would have received aid under the State plan approved
under section 602 of this title (as in effect on July 16, 1996)
in or for the month in which such agreement was entered into or
court proceedings leading to the removal of such child from the
home were initiated, or
(ii)(I) would have received such aid in or for such month if
application had been made therefor, or (II) had been living with
a relative specified in section 606(a) of this title (as in
effect on July 16, 1996) within six months prior to the month in
which such agreement was entered into or such proceedings were
initiated, and would have received such aid in or for such month
if in such month he had been living with such a relative and
application therefor had been made, or
(iii) is a child described in subparagraph (A)(ii) or (A)(iii),
and
(C) has been determined by the State, pursuant to subsection
(c) of this section, to be a child with special needs.
The last sentence of section 672(a) of this title shall apply, for
purposes of subparagraph (B), in any case where the child is an
alien described in that sentence. Any child who meets the
requirements of subparagraph (C), who was determined eligible for
adoption assistance payments under this part with respect to a
prior adoption, who is available for adoption because the prior
adoption has been dissolved and the parental rights of the adoptive
parents have been terminated or because the child's adoptive
parents have died, and who fails to meet the requirements of
subparagraphs (A) and (B) but would meet such requirements if the
child were treated as if the child were in the same financial and
other circumstances the child was in the last time the child was
determined eligible for adoption assistance payments under this
part and the prior adoption were treated as never having occurred,
shall be treated as meeting the requirements of this paragraph for
purposes of paragraph (1)(B)(ii).
(3) The amount of the payments to be made in any case under
clauses (i) and (ii) of paragraph (1)(B) shall be determined
through agreement between the adoptive parents and the State or
local agency administering the program under this section, which
shall take into consideration the circumstances of the adopting
parents and the needs of the child being adopted, and may be
readjusted periodically, with the concurrence of the adopting
parents (which may be specified in the adoption assistance
agreement), depending upon changes in such circumstances. However,
in no case may the amount of the adoption assistance payment made
under clause (ii) of paragraph (1)(B) exceed the foster care
maintenance payment which would have been paid during the period if
the child with respect to whom the adoption assistance payment is
made had been in a foster family home.
(4) Notwithstanding the preceding paragraph, (A) no payment may
be made to parents with respect to any child who has attained the
age of eighteen (or, where the State determines that the child has
a mental or physical handicap which warrants the continuation of
assistance, the age of twenty-one), and (B) no payment may be made
to parents with respect to any child if the State determines that
the parents are no longer legally responsible for the support of
the child or if the State determines that the child is no longer
receiving any support from such parents. Parents who have been
receiving adoption assistance payments under this section shall
keep the State or local agency administering the program under this
section informed of circumstances which would, pursuant to this
subsection, make them ineligible for such assistance payments, or
eligible for assistance payments in a different amount.
(5) For purposes of this part, individuals with whom a child (who
has been determined by the State, pursuant to subsection (c) of
this section, to be a child with special needs) is placed for
adoption in accordance with applicable State and local law shall be
eligible for such payments, during the period of the placement, on
the same terms and subject to the same conditions as if such
individuals had adopted such child.
(6)(A) For purposes of paragraph (1)(B)(i), the term
"nonrecurring adoption expenses" means reasonable and necessary
adoption fees, court costs, attorney fees, and other expenses which
are directly related to the legal adoption of a child with special
needs and which are not incurred in violation of State or Federal
law.
(B) A State's payment of nonrecurring adoption expenses under an
adoption assistance agreement shall be treated as an expenditure
made for the proper and efficient administration of the State plan
for purposes of section 674(a)(3)(E) of this title.
(b) Aid for dependent children; assistance for minor children in
needy families
(1) For purposes of subchapter XIX of this chapter, any child who
is described in paragraph (3) is deemed to be a dependent child as
defined in section 606 of this title (as in effect as of July 16,
1996) and deemed to be a recipient of aid to families with
dependent children under part A of this subchapter (as so in
effect) in the State where such child resides.
(2) For purposes of subchapter XX of this chapter, any child who
is described in paragraph (3) is deemed to be a minor child in a
needy family under a State program funded under part A of this
subchapter and deemed to be a recipient of assistance under such
part.
(3) A child described in this paragraph is any child -
(A)(i) who is a child described in subsection (a)(2) of this
section, and
(ii) with respect to whom an adoption assistance agreement is
in effect under this section (whether or not adoption assistance
payments are provided under the agreement or are being made under
this section), including any such child who has been placed for
adoption in accordance with applicable State and local law
(whether or not an interlocutory or other judicial decree of
adoption has been issued), or
(B) with respect to whom foster care maintenance payments are
being made under section 672 of this title.
(4) For purposes of paragraphs (1) and (2), a child whose costs
in a foster family home or child-care institution are covered by
the foster care maintenance payments being made with respect to the
child's minor parent, as provided in section 675(4)(B) of this
title, shall be considered a child with respect to whom foster care
maintenance payments are being made under section 672 of this
title.
(c) Children with special needs
For purposes of this section, a child shall not be considered a
child with special needs unless -
(1) the State has determined that the child cannot or should
not be returned to the home of his parents; and
(2) the State had first determined (A) that there exists with
respect to the child a specific factor or condition (such as his
ethnic background, age, or membership in a minority or sibling
group, or the presence of factors such as medical conditions or
physical, mental, or emotional handicaps) because of which it is
reasonable to conclude that such child cannot be placed with
adoptive parents without providing adoption assistance under this
section or medical assistance under subchapter XIX of this
chapter, and (B) that, except where it would be against the best
interests of the child because of such factors as the existence
of significant emotional ties with prospective adoptive parents
while in the care of such parents as a foster child, a
reasonable, but unsuccessful, effort has been made to place the
child with appropriate adoptive parents without providing
adoption assistance under this section or medical assistance
under subchapter XIX of this chapter.
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