Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS
Section 17-1620-3 - Definitions

Universal Citation: HI Admin Rules 17-1620-3
Current through August, 2024

As used in this chapter:

"Adoption assistance" means the provision of an ongoing adoption subsidy, medical benefits, and/or social services to enable the adoption of children with special needs.

"Adoption assistance agreement" means a written agreement between the adoptive or prospective adoptive parent(s) and the department specifying conditions for the provision of adoption assistance.

"Adoption exchange" refers to a mechanism through which children who are available for adoption are brought to the attention of families who are interested in adoption.

"Adoption registry" means an information and resource listing service of available children and families wanting to adopt.

"Adoption service" means a social service provided by the department or a licensed child-placing organization for children whose parent(s) have been found to be unwilling or unable to provide them with a safe and nurturing permanent home and who need and can benefit from permanent family ties established through legal adoption.

"Adoption subsidy" means the provision of monetary assistance to enable families to provide for the needs of eligible children in order to facilitate their adoption.

"Adoptive home" means a home which has been studied and approved by the department or a licensed child-placing organization for the placement of children for the purpose of adoption.

"Adoptive parent(s)" means a person(s) who has adopted a child.

"Adoptive placement" means the placement of a child, who is legally free for adoption, into an approved adoptive home.

"Aid to families with dependent children" or "AFDC" means federally funded aid to families with dependent children based on meeting requirements defined in section 406(a) or section 407 of the Social Security Act and in effect on July 16, 1996.

"Applicable child" is a child who

(i) turns 16 (or older) during October 1, 2009 through September 30, 2010; or

(ii) turns 14 (or older) during October 1, 2010 through September 30, 2011; or

(iii) turns 12 (or older) during October 1, 2011 through September 30, 2012; or

(iv) turns 10 (or older) during October 1, 2012 through September 30, 2013; or

(v) turns 8 (or older) during October 1, 2013 through September 30, 2014; or

(vi) turns 6 (or older) during October 1, 2014 through September 30, 2015; or

(vii) turns 4 (or older) during October 1, 2015 through September 30, 2016; or

(viii) turns 2 (or older) during October 1, 2016 through September 30, 2017; or turns any age beginning October 1, 2017; or

(ix) has been in foster care for 60 consecutive months; or

(x) is a sibling to a child who is eligible due to the child's age or length in foster care and is to be placed in the same adoptive placement of the applicable sibling.

"Department" means the department of human services.

"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, which are not incurred in violation of state or federal law, and which have not been or are not eligible to be reimbursed from other sources or other funds.

"Other expenses" means the costs of the adoption incurred by or on behalf of the prospective adoptive parent(s) for which they are responsible. Such costs may include the adoptive home study, including health and psychological examinations, supervision of the placement prior to adoption, and transportation and reasonable costs of lodging and food for the child and prospective adoptive parent(s) when necessary to complete the adoption process.

"Prospective adoptive parent(s)" means a person(s) who has been studied and approved by the department or a licensed child-placing organization and identified by the department or licensed child-placing organization as the most appropriate adoptive placement for the child.

"Specified relative" means father, mother, brother, sister, half-brother, half-sister, uncle, aunt, uncle half-blood, aunt half-blood, great uncle, great aunt, great uncle half-blood, great aunt half-blood, grandfather, grandmother, great grandfather, great grandmother, first cousin, first cousin once removed, nephew or niece, great-great grandmother, great-great grandfather, great-great-great grandmother, great-great-great grandfather, great-great aunt, great-great uncle, great-great aunt half blood, great-great uncle half blood; stepfather, stepmother, stepbrother, and stepsister; the adoptive parents of a legally adopted child as well as other natural or legally adopted children and relatives of the adoptive parents; and the legally married spouse of any of the persons specified in this subsection even after the marriage has ended in death or divorce.

"Voluntary relinquishment" means the release of a child by the parent(s) for the purpose of adoption.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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