A. Title IV-E maintenance payments shall be made to the adoptive parents on behalf of an adopted child placed if it is determined that the child is a child with special needs and the child meets the requirements set forth in § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).
B. State-funded maintenance payments shall be made to the adoptive parents on behalf of an adopted child if it is determined that the child does not meet the requirements set forth in § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673) but the child is a child with special needs. For this purpose of state-funded maintenance payments only, a child with special needs may include:
1. A child for whom the factors set forth in subdivision 1 or 2 of § 63.2-1300 are present at the time of adoption but are not diagnosed until after the final order of adoption, when no more than one year has elapsed from the date of diagnosis; or
2. A child who has lived with his foster parents for at least 12 months and has developed significant emotional ties with his foster parents while in their care, when the foster parents wish to adopt the child and state-funded maintenance payments are necessary to enable the adoption.
C. State special services payments shall be made to the adoptive parents and other persons on behalf of a child in the custody of the local board or in the custody of a licensed child-placing agency and placed for adoption, pursuant to this chapter, if it is determined that:
2. The adoptive parents are capable of providing the permanent family relationships needed by the child in all respects except financial.
D. Nonrecurring expense payments shall be made to the adoptive parents for expenses related to the adoption including reasonable and necessary adoption fees, court costs, attorney fees and other legal service fees, as well as any other expenses that are directly related to the legal adoption of a child with special needs including costs related to the adoption study, any health and psychological examinations, supervision of the placement prior to adoption and any transportation costs and reasonable costs of lodging and food for the child and the adoptive parents when necessary to complete the placement or adoption process for which the adoptive parents carry ultimate liability for payment and that have not been reimbursed from any other source, as set forth in 45 C.F.R. § 1356.41. However, the total amount of nonrecurring expense payments made to adoptive parents for the adoption of a child shall not exceed $ 2,000 or an amount established by federal law.
History
1974, c. 507, § 63.1-238.2; 1982, c. 171; 1983, c. 292; 1987, cc. 650, 681; 2002, c. 747; 2010, c. 271.
