(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.
[48 FR 23116, May 23, 1983, as amended at 53 FR 50220, Dec. 14, 1988; 77 FR 949, Jan. 6, 2012]
Notes of Decisions
Gruzinski v. Dep't of Pub. Welfare, 731 A.2d 246 (Pa. Commw. Ct. 1999).
· cites it 8× “[21] Federal rules, specifically 45 C.F.R. § 1356.40 (f) require state agencies to "actively seek ways to promote the adoption assistance program.”
Batiste v. Arkansas Dep't of Human Servs., 204 S.W.3d 521 (Ark. 2005).
· cites it 6× “Notably, 45 C.F.R. § 1356.40 sets forth the regulations governing the administration of the adoption assistance program and requires states to meet the requirements of this section in order to be eligible for federal financial participation in adoption assistance payments.”
Hamblen v. Hamblen, 54 P.3d 371 (Ariz. Ct. App. 2002).
· cites it 2× “45 CFR § 1356.40 (c). Thus, Guideline 4(b) does not exclude the adoption subsidy as income.”
Laird v. Dep't of Pub. Welfare, 23 A.3d 1015 (Pa. 2011).
· cites it 3× “203(a); 45 C.F.R. § 1356.40 (b)(1). The court then noted, however, that federal policy had waived compliance with federal regulation 1356.”
In re Hennessey-Martin, 855 A.2d 409 (N.H. 2004).
“Dep’t of Health and Human Services Policy Announcement ACYFCB-PA-01-01 (January 23, 2001)); see 45 CFR § 1356.40 (c). The principle of ejusdem generis provides that, where specific words in a statute follow general ones, the general words are construed to embrace only objects…”
Adoption Arc, Inc. v. Dep't of Pub. Welfare, 727 A.2d 1209 (Pa. Commw. Ct. 1999).
“45 C.F.R. § 1356.40 (c) provides, "[t]here must be no income eligibility requirement (means test) for the prospective adoptive parents) in determining eligibility for adoption assistance payments.”
Laird v. Dep't of Pub. Welfare, 972 A.2d 596 (Pa. Commw. Ct. 2009).
· cites it 2× “Under 45 C.F.R. § 1356.40 (f), DPW was required to actively seek ways to promote the assistance program yet made no effort to notify its licensed agencies about subsidies for children placed through them.”
Ross v. Dep't of Pub. Welfare, 811 A.2d 1076 (Pa. Commw. Ct. 2002).
· cites it 4× “We stated that the failure of SCYS to provide information on the availability of adoption assistance to the adoptive parents constitutes an "extenuating circumstance" and an exception to the federal regulations at 45 CFR § 1356.40 (b)(1). The U.S. Department of Health and Human…”
Smith v. State, 144 P.3d 331 (Wash. Ct. App. 2006).
· cites it 2× “WE CONCUR: ELLINGTON and AGID, JJ. NOTES [1] See WAC XXX-XX-XXXX through -0390 and United States DHHS Child Welfare Policy Manual, Sections 8.”
Smith v. State, 135 Wash. App. 259 (Wash. Ct. App. 2006).
· cites it 2× “These regulations include 45 C.F.R. § 1356.40 (f), which states: “The State agency must actively seek ways to promote the adoption assistance program.”
Greenfield v. Dep't of Child. & Fam. Servs., 794 So. 2d 739 (Fla. 1st DCA 2001).
“See 45 C.F.R. § 1356.40 (b)(1)(2001). However, in two successive policy interpretation statements issued by the United States Department of Health and Human Services it was made clear that a determination of entitlement to Title IV-E adoption assistance could be made after the…”
Glanowski v. New York State Dep't of Fam. Assistance, 225 F. Supp. 2d 292 (W.D.N.Y. 2002).
“§ 670 , where Congress passed appropriations so as to "enabl[e] each State to provide, in appropriate cases, foster care and transitional independent living programs for children who otherwise would have been eligible for assistance under the State's plan .”
— 45 C.F.R. § 1356.40(b)(1) — 2 cases
Smith v. State, 144 P.3d 331 (Wash. Ct. App. 2006).
“WE CONCUR: ELLINGTON and AGID, JJ. NOTES [1] See WAC XXX-XX-XXXX through -0390 and United States DHHS Child Welfare Policy Manual, Sections 8.”
— 45 C.F.R. § 1356.40(f) — 2 cases
Batiste v. Arkansas Dep't of Human Servs., 204 S.W.3d 521 (Ark. 2005).
“Notably, 45 C.F.R. § 1356.40 sets forth the regulations governing the administration of the adoption assistance program and requires states to meet the requirements of this section in order to be eligible for federal financial participation in adoption assistance payments.”
Smith v. State, 144 P.3d 331 (Wash. Ct. App. 2006).
“WE CONCUR: ELLINGTON and AGID, JJ. NOTES [1] See WAC XXX-XX-XXXX through -0390 and United States DHHS Child Welfare Policy Manual, Sections 8.”
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