Current through Register Vol. 39, No. 6, September 16, 2024
(a) Adoption
assistance in the form of standard monthly cash assistance payments based on
graduated rates set by the General Assembly and vendor payments may be made
when the child meets the following eligibility criteria:
(1) The child was legally adopted;
(2) The child meets at least one of the
following criteria:
(A) is not an applicable
child and meets the requirements in
42 USC
673(a)(2)(A)(i). The public
adoption agency shall make the determination in
42 USC
673(a)(2)(A)(i)(II) for the
State. 42 USC
673(a)(2)(B) shall be
applicable when appropriate;
(B)
shall be an applicable child and meets the requirements in
42 USC
673(a)(2)(A)(ii). The public
adoption agency shall make the determination in
42 USC
673(a)(2)(A)(ii)(II) for the
State. 42 USC
673(a)(2)(B) shall be
applicable when appropriate; or
(C)
the requirements set forth in
42 USC
673(a)(2)(C); and
(3) An applicable child is not
eligible if he or she meets the conditions in
42 U.S.C.
673(a)(7)(A)(i) through
(iii), unless
42 U.S.C.
673(a)(7)(B) is applicable
and the public adoption agency makes the requisite determination for the
State.
(b) For vendor
payments, in addition to the criteria in Paragraph (a) of this Rule, the child
shall also meet the following criteria:
(1) at
or prior to the issuance of the adoption decree, have a diagnosed medical,
mental, or emotional condition that is documented by a medical professional,
who is qualified through licensing or credentialing to make a diagnosis, that
will require ongoing treatment or therapy of a medical or remedial nature;
or
(2) after the issuance of the
adoption decree but while still under the age of 18, have been determined by
the public adoption agency administering adoption assistance benefits to have a
medical, mental, or emotional condition, congenital problem, birth injury, or
other documented problem that is determined by a medical professional, who is
qualified through licensing or credentialing to have been preexisting at the
time of his or her placement into an adoptive home.
(c) The prospective adoptive parents shall
meet the following criteria:
(1) Have a child
placed with them in accordance with applicable State and local laws for
purposes of an adoption who meets the requirements in Paragraph (a) of this
Rule;
(2) be legally responsible
for the support of the child and is providing support to the child, if the
child is under the age of 18;
(3)
enter into an adoption assistance agreement with the public adoption agency
prior to issuance of the decree of adoption. The adoption assistance agreement
shall identify the specific services for the child that the parents want to be
covered by vendor payments;
(4)
Shall have a completed criminal history investigated pursuant to
G.S.
48-3-303 and
48-3-309 and shall not have a
criminal history, as defined by
G.S.
48-1-101(5b), or any other
criminal conviction that would cause the prospective adoptive parent to be
unfit to have responsibility for the safety and well-being of children as
determined by the public adoption agency pursuant to
G.S.
43-3-309;
(5) Shall provide the public adoption agency
with the results of the criminal back history investigation;
(6) Shall have a completed check of the North
Carolina's Responsible Individuals List pursuant to
G.S.
7B-311 and have a check of the results of
child abuse and neglect central registry of states where the applicant has
resided the past five years and not be placed on the North Carolina's
Responsible Individuals List or any other state's child abuse and neglect
central registry. The public adoption agency shall maintain a copy of the
results in their file; and
(7) For
vendor payments when the child meets the criteria in Subparagraph (b)(2) of
this Rule, shall enter into an adoption assistance agreement amendment on a
form provided by the Department ("North Carolina Division of Social Services
Adoption Assistance Agreement Amendment" Form DSS-5307, which may be accessed
at
https://www.ncdhhs.gov/divisions/dss)that
identifies and includes supporting documentation of the child's preexisting
condition and allows the parents to be reimbursed for vendor services related
to the child's preexisting condition.
(d) All individuals 18 years of age or older
who reside in the prospective adoptive home shall have a completed a criminal
history investigated pursuant to
G.S.
48-3-303 and
48-3-309 and shall not have a
criminal history, as defined by
G.S.
48-1-101(5b), or any other
criminal conviction that would cause the prospective adoptive parent is unfit
to have responsibility for the safety and well-being of children as determined
by the public adoption agency pursuant to
G.S.
48-3-309.
(e) Prior to the adoption, all individuals 18
years of age or older who reside in the prospective adoptive home shall have a
completed check of the North Carolina's Responsible Individuals List and have a
check of the results of child abuse and neglect central registry of states
where the applicant has resided the past five years and not be placed on the
North Carolina's Responsible Individuals List or any other state's child abuse
and neglect central registry. The public adoption agency shall maintain a copy
of the results in their file.
(f)
Upon adoption, the adoptive parents shall comply with all the terms of the
adoption agreement assistance and notify the public adoption agency they are no
longer legally or financially responsible for the adopted child, address, or
contact information.
(g) The public
adoption agency shall:
(1) prior to the
adoption, make a determination as to whether the requirements of this Rule have
been met on a form created by the Department ("Adoption Assistance Eligibility
Checklist" Form DSS-5012, which may be accessed at
https://www.ncdhhs.gov/divisions/dss)that
shall identify the reasons that the eligibility requirements have been met and
inform the prospective adoptive parents of the right to appeal the
decision.
(2) maintain a copy of
the results of the criminal investigation of the foster parents and any
individual 18 years of age or older who resides in the prospective adoptive
home.
(3) after the adoption:
(A) annually send to the adoptive parents a
letter reminding them to report any changes in their legal or financial
responsibility of the adopted child;
(B) issue to the adoptive parents a notice if
the adoption assistance payments are to be suspended ("North Carolina Division
of Social Services Adoption Assistance Suspension Notice" Form DSS-5306, which
may be accessed at
https://www.ncdhhs.gov/divisions/dss)that
shall identify the reason for the suspension and how to appeal the suspension;
and
(C) issue to the adoptive
parents a notice if the adoption assistance payments are to be terminated
("North Carolina Division of Social Services Adoption Assistance Termination
Notice" Form DSS-5308, which may be accessed at
https://www.ncdhhs.gov/divisions/dss)that
shall identify the reason for the termination and how to appeal the
termination.
(4) in
order for vendor services to be reimbursed, the vendor must obtain prior
approval by submitting to the public adoption agency completed and signed forms
provided by the Department ("Adoption Assistance Vendor Payment Request Form"
Form DSS-5112 and "Adoption Assistance Vendor Payment Instructions for
Providers" Form DSS-5115, which may be accessed at
https://www.ncdhhs.gov/divisions/dss)that
includes documentation of the child's diagnosis, the child's special needs
related to the diagnosis, how the is service related to the special needs, what
goals the service is intended to accomplish, how achievement of goals be
measured, the projected duration of treatment or service, the projected total
cost, and two copies of the provider's bill after all health insurance claims
have been processed.
Authority
G.S.
108A-49;
108A-50;
143B-153;
Eff. July
1, 1982;
Amended Eff. March 1, 2017; July 18, 2002; July 1, 1991;
March 1, 1990;
Readopted Eff. August
1,2021.
