Section 148-13-5 - AMOUNT AND DURATION OF ADOPTION ASSISTANCEa. The amount of assistance may vary, depending on the circumstances of the adoptive family, the special needs of the child, and the availability of other resources. The amount of long term, limited period, or one-payment adoption assistance, or any combination thereof, may not exceed the cost of caring for the child if the child had remained in the custody of the Department in a family foster home. The amount of non-recurring adoption expense shall not exceed $2,000 per child who is otherwise eligible. Federal financial participation may not 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. Therefore, board and clothing payments may not exceed the board and clothing payments which would have been paid by the Department if the child had remained in its custody in a foster family home. In some cases, the needs, conditions, or behaviors of the child may indicate a need for specialized care. When children, who are recipients of or are candidates for a special family foster care rate, are to be placed for adoption with an adoption assistance agreement, a Request for Special Foster Family Rate Form completed by the caseworker, must be submitted for rating. (See Child and Family Services Manual, Section V, G-1. page 9.1.b.)
The specialized rate for adoption assistance is determined by the degree of physical, emotional, or behavioral handicap of the child and the specialized care provided by the parents to meet the identified needs. Rates will be determined as above and not by rate setting for children placed by child placing agencies in their therapeutic homes/specialized homes.
b. For reimbursement of non-recurring adoption expenses, the amount of reimbursement may vary, but may not exceed $2,000.00 for each child.c. When a special needs child is determined to be eligible for retroactive adoption assistance, that child is eligible prospectively for any assistance provided by the adoption assistance program. Assistance may be provided from the date the request for retroactive adoption assistance is made, forward. The retroactive rate of assistance will be determined by methods consistent with rate setting for the adoption assistance program. In some special circumstances, the Commissioner, or his designee, may at his discretion, authorize payment up to a maximum of $12,000 for special costs incurred for an eligible child prior to the date of first request for retroactive assistance.
Payments for normal, usual and expected expenses of childhood will not be considered.
Special expenses that may be considered must:
1 Be directly related to the special needs of the child, and2 Be extraordinary in nature, and,3 Must help the family in continuing their support of the specialized needs of the child. Documentation/receipts related to the above expenses may be required.
d. All other resources, and benefits including insurance, Social Security, Supplemental Security Income, VA benefits, other benefit payments, and available medical programs must be utilized before assistance is considered. If such benefits are available for the child whose adoption is to be assisted, the amount of the assistance must be reduced by the amount of the benefits, as long as the adopted child continues to be eligible for these benefits. The adoptive family must apply for third party benefit payments on behalf of their child.e. The duration of assistance may not exceed the terms of the written agreement made between the approved adoptive family and the Department.f. When the approved adoptive family and the Department agree to adoption assistance for a period longer than one year, the continuance of assistance each year shall be subject to the family's continued eligibility based on an annual redetermination of the needs of the child and circumstances of the family. If a special adoption assistance rate is granted, a Request for Special Family Foster Care Rate must be submitted with each adoption assistance renewal application. The special family foster care rate will be determined each year of renewal based on the same standards as if the child remained in foster care.
g. In no instance shall assistance continue past the time when the child attains the age of eighteen (or, until the child is age 21 where the state determines the child has need of educational benefits or has a physical, mental or emotional handicap which warrants the continuation of adoption assistance).h. If the adopting family moves to another state, assistance will continue according to the agreement between the family and the Department as long as the family continues to be eligible based on the annual redetermination of need.i. Adoption assistance payments will terminate if the state determines that the parents are no longer legally responsible for the child or if the state determines that the child is no longer receiving any support from such parents. The adopting family is responsible for immediately notifying the Department's Adoption Program Specialist in writing of any changes in the needs of the child, the circumstances of the family, or other benefits available for the child's support, which may affect their eligibility for adoption assistance or the amount of assistance required. The family shall notify the Department's Adoption Program Specialist in writing within 10 days of these changes(above).k. The adoptive family is responsible for reimbursing any overpayment of adoption assistance funds to the Department.l. The adopting family is responsible for immediately notifying the Department's Adoption Program Specialist in writing of any changes in address, custody or living arrangements of the child.10-148 C.M.R. ch. 13, § 5