Current through Register Vol. 39, No. 6, September 16, 2024
(a) When
the requirements in this Rule have been met, with prior approval, the
Department may reimburse in part or in full a fee incurred by a public adoption
agency for adoption services provided by an out-of-state adoption agency.
Public adoption agencies shall pay the out-of-state adoption provider directly
and provide proof of payment to the Department once payment is made.
(b) The requirements of this Rule are met
when the child:
(1) is a child with special
needs;
(2) is registered on the
North Carolina Adoption Resource Exchange, which may be accessed at
https://www.ncdhhs.gov/divisions/social-services/child-welfare-services/adoption-and-foster-care;
(3) has parents who have each had one of the
following occur:
(A) a court order terminated
parental rights;
(B) executed a
relinquishment of the child to a public or private child-placing
agency;
(C) consented to the
adoption;
(D) a finding by the
court in the adoption proceeding that the parent's consent to the adoption is
not required; or
(E) has
died.
(c)
Out-of-state adoption agencies shall be licensed by their respective states and
as approved by conditions of the Interstate Compact on the Placement of
Children (ICPC) pursuant to G.S. 7B, Article 38 to provide adoptive services
for children with special needs.
(d) The service fee charged by the
specialized out-of-state adoption agency shall be:
(1) any one of the following services
provided by the specialized adoption service agency:
(A) recruiting and securing an adoptive home
for the child;
(B) pre-placement
services for the family and child;
(C) post-placement services for the family
and child; and
(D)
post-finalization services.
(2) only be available when an adoptive family
has not been identified in North Carolina.
(e) The public adoption agency:
(1) shall have custody and placement
responsibility of the child and have the legal authority to consent to the
child's adoption;
(2) shall make a
written request to the Department for reimbursement for the out-of-state
adoption service fee at the time that a decision has been made to place the
child with a specific adoptive parent or parents who have had an approved home
study that was conducted by the specialized out-of-state adoption
agency;
(3) shall include in its
reimbursement request to the Department written documentation that verifies the
following:
(A) the public adoption agency has
legal placement responsibility;
(B)
the public adoption agency has the authority to legally consent to the adoption
of the child;
(C) the child meets
the requirements of this Rule;
(D)
the out-of-state adoption agency meets the requirements of this Rule;
(E) the service fee to be charged meets the
requirements of this Rule; and
(F)
a quote for the service fee that includes the service to be provided and the
amount of the fee;
(4)
shall obtain prior approval from the Department prior to initiating contracted
services where reimbursement is expected;
(5) Upon the Department's prior approval for
an out-of-state adoption service fee, the public adoption agency shall enter
into an agreement with the out-of-state adoption agency on a form provided by
the Department ("North Carolina Division of Social Services Purchase of
Out-of-State Adoption Services Agreement" Form DSS-5305, which may be accessed
at
https://www.ncdhhs.gov/divisions/dss)and
provide a copy of the agreement to the Department. The agreement shall include
the type and nature of the service to be provided, the fee amount to be
charged, an agreement by the out-of-state adoption agency to provide the
identified service, and an agreement by the public adoption agency to pay for
the identified service; and
(6)
shall pay any amount of the out-of-state adoption agency service fee that is
not approved by the Department.
(f) To the extent funds are available and the
fee for services is not above the maximum allowable amount of one thousand
eight hundred dollars ($1,800) per child, the Department shall approve the
public adoption agency's request for prior approval for reimbursement of the
out-of-state adoption service fee if it meets the requirements in this Rule and
the Department notifies the public adoption agency in writing of the
approval.
(g) The Department shall
not reimburse a public adoption agency for any amount over one thousand eight
hundred dollars ($1,800) per child in out-of-state adoption service fees that
are approved pursuant to this Rule.
(h) In order for the public adoption agency
to receive reimbursement for a fee that has been approved pursuant to this
Rule, the public adoption agency shall notify the Department of the date that
payment of the fee is due and provide the Department with a copy of the bill
for the out-of-state adoption service fee.
(i) Upon the public adoption agency's payment
of the out-of-state adoption service fee, the public adoption agency shall
provide the Department with a copy of the receipt of payment for the
out-of-state adoption agency fee.
Authority
G.S.
143B-153;
Eff. March 23,
1981;
Amended Eff. July 1, 1991;
Readopted Eff. August
1, 2021.
