Md. Code Regs. 07.02.12.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 07.02.12.08 - Adoption Assistance for Nonrecurring Expenses of Adoption

A. In a domestic adoption, an adoptive parent of a child who meets the special needs criteria as delineated in Regulation .05(D)(4) or (E)(3) of this chapter may be eligible for reimbursement for certain nonrecurring expenses directly related to the legal process of adoption.

B. In an intercountry adoption, an adoptive parent of a child who meets the definition of a child with special needs may be eligible for reimbursement of certain nonrecurring expenses directly related to the legal process of adoption provided if the child is:

(1) 5 years old or younger in federal fiscal year 2015;

(2) 3 years old or younger in federal fiscal year 2016; or

(3) 1 years old or younger in federal fiscal year 2017

C. As of October 1, 2017, children in an intercountry adoption will not be eligible for this subsidy.

D. In Maryland public agency adoptions, the local department shall determine that the child meets the definition of special needs prior to the adoption in order for the child to receive nonrecurring expense reimbursement adoption assistance.

E. In an independent or intercountry adoption, at least 60 days prior to finalization of the adoption, the family shall supply an official copy and official English translations of the following documentation necessary to enable the Administration to determine if the child meets the definition of a child with special needs:

(1) A court order terminating the parental rights of the birth mother and birth father, or in the case of an orphaned child, a death certificate for the child's birth mother and birth father;

(2) Current psychological or medical reports or evaluations, or testing results that document the existence of one of the special needs factors; and

(3) Documentation that reasonable, but unsuccessful efforts have been made to place the child in an adoptive home without providing adoption assistance, including:

(a) A notarized affidavit signed by the prospective adoptive parent stating that they will not adopt the child without the adoption assistance; and

(b) Photolisting, registration on one or more adoption registries, or other attempts on behalf of the child to identify other prospective adoptive parents in addition to those applying for the adoption assistance.

F. A lump sum maximum payment up to $2,000 may be paid on behalf of the adoptive parents for documented expenses related to the legal process of adopting a child, including:

(1) Homestudy fees;

(2) Medical information required to complete the homestudy;

(3) Legal fees;

(4) Post placement supervision; or

(5) Travel to meet the child.

G. A local department shall maintain documentation of reimbursement of nonrecurring expenses in an adoptive family's adoption case record.

H. Nonrecurring Expenses Adoption Assistance Agreement. An agreement for the payment of nonrecurring expenses shall be:

(1) In writing;

(2) Binding on all parties;

(3) Between the local department and the prospective adoptive parent;

(4) On a form approved by the Administration; and

(5) Approval by the Administration.

Md. Code Regs. 07.02.12.08

Regulations .08 adopted effective February 20, 1989 (16:3 Md. R. 340)
Regulations .08 adopted effective April 16, 2012 (39:7 Md. R. 490); adopted effective 43:22 Md. R. 1218, eff. 11/7/2016