2013 Maryland Code
FAMILY LAW
§ 5-410 - Subsidy agreement

§5-410.

(a) (1) Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.

(2) In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.

(b) A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.

(c) (1) The nature, amount, and duration of the subsidy shall be determined by:

(i) the needs of the eligible child because of the eligible child’s special circumstances; and

(ii) the availability of other resources to meet the eligible child’s needs.

(2) The subsidy may be for a limited or a long period of time.

(3) The subsidy shall be in an amount that is not more than:

(i) the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;

(ii) in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or

(iii) if the subsidy is for a special service, a reasonable fee for that service.

(d) (1) If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and reapproval by the local department.

(2) A subsidy agreement shall include a notice of the annual reapplication requirement.

§ 5-410 - 1. Reimbursement for nonrecurring adoption expenses

(a) Entitlement. -- If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

(b) Eligibility. -- An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:

(1) the child should not be returned to its biological parents;

(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and

(3) except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.

(c) Application. -- Application for nonrecurring adoption expenses shall be filed with the Department:

(1) prior to the order; and

(2) on a form provided by the Department.

(d) Written agreement. --

(1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.

(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.

(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:

(i) was entered between January 1, 1987 and July 1, 1990; or

(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

(4) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:

(i) enter into a written agreement with the Department; and

(ii) file all claims no later than December 14, 1990.

(e) Reimbursement expenses; maximum. -- Reimbursement for nonrecurring adoption expenses is limited to a maximum of $ 2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:

(1) adoption fees;

(2) court costs and reasonable attorney's fees;

(3) health examinations;

(4) transportation costs; and

(5) food and lodging costs incurred during preplacement visits.

(f) Time of filing generally. -- Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.

(g) Time of filing in certain cases. -- Repealed by Acts 2005, ch. 464, § 3, effective January 1, 2006.