45 CFR § 1356.40 - Adoption assistance program: Administrative requirements to implement section 473 of the Act.
(a) To implement the adoption assistance program provisions of the title IV-E plan and to be eligible for Federal financial participation in adoption assistance payments under this part, the title IV-E agency must meet the requirements of this section and section 471(a), applicable provisions of section 473, and section 475(3) of the Act.
(b) The adoption assistance agreement for payments pursuant to section 473(a)(2) must meet the requirements of section 475(3) of the Act and must:
(1) Be signed and in effect at the time of or prior to the final decree of adoption. A copy of the signed agreement must be given to each party; and
(2) Specify its duration; and
(3) Specify the nature and amount of any payment, services and assistance to be provided under such agreement and, for purposes of eligibility under title XIX of the Act, specify that the child is eligible for Medicaid services; and
(4) Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement shall remain in effect regardless of the place of residence of the adoptive parents at any given time.
(c) There must be no income eligibility requirement (means test) for the prospective adoptive parent(s) in determining eligibility for adoption assistance payments.
(d) In the event an adoptive family moves from one place of residence to another, the family may apply for social services on behalf of the adoptive child in the new place of residence. If a needed service(s) specified in the adoption assistance agreement is not available in the new place of residence, the title IV-E agency making the original adoption assistance payment remains financially responsible for providing the specified service(s).
(e) A title IV-E agency may make an adoption assistance agreement with adopting parent(s) who reside in another State or a Tribal service area. If so, all provisions of this section apply.
(f) The title IV-E agency must actively seek ways to promote the adoption assistance program.
The following state regulations pages link to this page.
- 22 CCR Sec. 35009 - § 35009 - Dissemination of Information Regarding AAP-Eligible Children, AAP, and Reimbursement of Nonrecurring Adoption Expenses.
- 22 CCR Sec. 35013 - § 35013 - Provision of Information Regarding the Adoption of an AAP-Eligible Child.
- Haw. Code R. §17-1620-8 - §17-1620-8 - Eligibility requirements for federally funded adoption assistance.
- Okla Admin. Code § 340:75-15-128.5 - Section 340:75-15-128.5 - Adoption assistance application process
- Wash. Admin. Code § 110-80-0010 - 110-80-0010 - What is the legal basis of the department's adoption support program?
- Wash. Admin. Code § 110-80-0030 - 110-80-0030 - What definitions apply to the adoption support program?
- Wash. Admin. Code § 110-80-0040 - 110-80-0040 - What are the eligibility criteria for the adoption support program?
- Wash. Admin. Code § 110-80-0060 - 110-80-0060 - What constitutes a reasonable effort to place a child for adoption without adoption support?
- Wash. Admin. Code § 110-80-0070 - 110-80-0070 - Under what circumstances would it be against the best interest of the child to search for a family that could adopt the child without adoption support?
- Wash. Admin. Code § 110-80-0080 - 110-80-0080 - Are there other factors affecting a child's eligibility for adoption support?
- Wash. Admin. Code § 110-80-0090 - 110-80-0090 - How does a prospective adoptive parent apply for adoption support?
- Wash. Admin. Code § 110-80-0100 - 110-80-0100 - What requirements apply to an application for ongoing adoption support?
- Wash. Admin. Code § 110-80-0120 - 110-80-0120 - What must be included in an adoption support agreement?
- Wash. Admin. Code § 110-80-0140 - 110-80-0140 - If the adoptive family resides in or moves to another state, how is the child's participation in the adoption support program affected?
- Wash. Admin. Code § 110-80-0150 - 110-80-0150 - When does the adoption support agreement become effective?
- Wash. Admin. Code § 110-80-0160 - 110-80-0160 - When will department-funded foster care and foster day care payments end?
- Wash. Admin. Code § 110-80-0170 - 110-80-0170 - When may the terms of the adoption support agreement be modified?
- Wash. Admin. Code § 110-80-0180 - 110-80-0180 - Does the adoptive parent need to let the department know if the family's circumstances change?
- Wash. Admin. Code § 110-80-0190 - 110-80-0190 - Under what circumstances are benefits under the adoption support agreement suspended?
- Wash. Admin. Code § 110-80-0200 - 110-80-0200 - Under what circumstances would the adoption support agreement be terminated?
- Wash. Admin. Code § 110-80-0210 - 110-80-0210 - What benefits are available to adoptive parents through the adoption support program?
- Wash. Admin. Code § 110-80-0220 - 110-80-0220 - What factors affect the amount of the monthly adoption support payments an adoptive parent receives?
- Wash. Admin. Code § 110-80-0230 - 110-80-0230 - What specific department requirements apply to medical services?
- Wash. Admin. Code § 110-80-0240 - 110-80-0240 - What specific department requirements apply to outpatient counseling or mental health services not covered by medicaid?
- Wash. Admin. Code § 110-80-0250 - 110-80-0250 - If the adoptive parent requests residential placement services for their adopted child, what department requirements apply?
- Wash. Admin. Code § 110-80-0260 - 110-80-0260 - What are the consequences of an adopted child being placed in foster care?
- Wash. Admin. Code § 110-80-0270 - 110-80-0270 - What process applies to a request for modification of a support agreement?
- Wash. Admin. Code § 110-80-0280 - 110-80-0280 - May an adoptive parent apply for adoption support services after the adoption has been finalized?
- Wash. Admin. Code § 110-80-0290 - 110-80-0290 - If a child met federal Title IV-E eligibility for adoption assistance before the adoption, but was not placed on the adoption support program, what may the adoptive parent do after adoption finalization to obtain adoption support services for the adopted child?
- Wash. Admin. Code § 110-80-0310 - 110-80-0310 - What is the effective date of an adoption support agreement that results from a finding of extenuating circumstances?
- Wash. Admin. Code § 110-80-0320 - 110-80-0320 - If a child did not meet federal Title IV-E eligibility for adoption assistance before the adoption, may the child qualify for adoption support after adoption finalization?
- Wash. Admin. Code § 110-80-0330 - 110-80-0330 - What is the adoption support reconsideration program?
- Wash. Admin. Code § 110-80-0340 - 110-80-0340 - How does a child qualify for the adoption support reconsideration program?
- Wash. Admin. Code § 110-80-0350 - 110-80-0350 - How does an adoptive parent apply for the adoption support reconsideration program?
- Wash. Admin. Code § 110-80-0400 - 110-80-0400 - Does an adoptive parent have the right to appeal department decisions regarding adoption support issues?
- Wash. Admin. Code § 110-80-0410 - 110-80-0410 - What information about adoption support agreements may be used in an administrative hearing?
- Wash. Admin. Code § 110-80-0420 - 110-80-0420 - Will the department reimburse an adoptive parent for nonrecurring adoption expenses?
- Wash. Admin. Code § 110-80-0430 - 110-80-0430 - What types of nonrecurring adoption expenses will the department reimburse?
- Wash. Admin. Code § 110-80-0440 - 110-80-0440 - Is there a limit to the amount of nonrecurring adoption expenses that the department will reimburse?