2011 Kentucky Revised Statutes
Download pdf199.555 State-funded adoption assistance payments -- Conditions.
A "special-needs child" means:
(a) A child which the state has determined cannot or should not be returned to the
home of the child's parents; and
(b) A child which the state has first determined:
That there exists a specific factor or condition the existence of which
leads to the reasonable conclusion that the child cannot be placed with
adoptive parents without providing adoption assistance under this
section or medical assistance under Title XIX; and
That except where it would be against the best interests of the child
because of such factors as the existence of significant emotional ties
with prospective adoptive parents while in the care of these parents as a
foster child, a reasonable, but unsuccessful, effort has been made to
place the child with appropriate adoptive parents without providing
adoption assistance under this section or medical assistance under Title
"State-funded adoption assistance" means a monthly payment to assist in meeting
the special needs of a child which was placed by the Cabinet for Health and Family
Services. The state-funded adoption assistance shall also include payment of
nonrecurring adoption expenses, and may include reimbursement of extraordinary
"Nonrecurring adoption expenses" means those expenses which are incurred in the
legal adoption of a special-needs child for which parents are ultimately responsible
which include reasonable and necessary adoption fees, court costs, attorney fees,
and other expenses which are directly related to the special-needs adoption and
which are not incurred in violation of state or federal law.
"Extraordinary medical expenses" means those expenses which are related to the
child's special needs which existed prior to the adoption and are not reimbursed by
private insurance, Medicaid, or other third-party payors or government programs.
If the secretary of the Cabinet for Health and Family Services or his designated
representative finds that a child may benefit from being adopted and that a monthly
assistance payment to adoptive parents after the adoption will increase the
likelihood of adoption, state funds may be paid to the adoptive parents after
completion of the adoption of the child if the following conditions exist:
(a) The child was considered a special-needs child prior to the adoption;
(b) The child is committed to the Cabinet for Health and Family Services and the
cabinet has authority to consent to the child's adoption; and
(c) The adoptive parents can give suitable care to the child if a monthly adoption
assistance is paid.
Agreements for the payments of state funds under this section shall be made prior to
the adoption of the child. However, if the secretary for health and family services or
his designated representative finds that the adoption is likely to disrupt, state-funded
extraordinary medical expenses may be reimbursed contingent upon availability of
resources, if the following conditions exist:
(a) The child was placed for adoption by the Cabinet for Health and Family
(b) The child was considered a special-needs child prior to the adoption;
(c) The parents have made a reasonable effort under the circumstances to meet
the needs of the child without reimbursement for extraordinary medical
This subsection shall apply to any child meeting the conditions of this subsection
who at the time of application for the state-funded post-adoption extraordinary
medical expenses is under the age of eighteen (18). This subsection shall have
retroactive as well as prospective effect.
(7) The payments shall be out of funds appropriated to the cabinet and those funds
collected pursuant to KRS 199.473(13), which shall be deposited in a restricted
account for the purpose of assisting special-needs adoptions, and shall be in
accordance with regulations promulgated by the secretary. The payments shall not
exceed the amount which would be paid for foster care for the child. Monthly statefunded assistance payments shall not exceed the amount which would be paid for
foster care for the child and may include reimbursement for extraordinary medical
expenses. Payment of nonrecurring adoption expenses shall only be reimbursed up
to the limit established by the secretary for health and family services in accord with
42 U.S.C. sec. 673. However, payments under agreements entered into under
subsection (6) of this section shall be limited to reimbursement of authorized
extraordinary medical expenses related to problems or conditions that existed prior
to the adoption.
(8) State-funded adoption assistance payments shall not be made to parents if:
(a) The child has attained the age of eighteen (18), except that if the child is
enrolled in a state or federal educational program, the payments may continue
through age twenty-one (21);
(b) The cabinet determines the parents are no longer legally responsible for the
support of the child; or
(c) The cabinet determines that the child is no longer receiving any support from
(9) Parents who have been receiving state-funded adoption assistance payments under
this section shall keep the cabinet informed of circumstances which would, pursuant
to subsection (8) of this section, make them ineligible for assistance, or eligible for
assistance in a different amount.
(10) The cabinet shall establish criteria to be followed for the adoption of children under
provisions of this section and shall promulgate the criteria by administrative
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 48, sec. 1, effective July 15, 2008. -- Amended
2005 Ky. Acts ch. 99, sec. 180, effective June 20, 2005; and ch. 175, sec. 3, effective
June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 143, effective July 15, 1998.
-- Amended 1990 Ky. Acts ch. 247, sec. 2, effective July 13, 1990. -- Amended 1986
Ky. Acts ch. 467, sec. 1, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 179,
sec. 1. -- Created 1972 Ky. Acts ch. 346, sec. 1.
CHAPTER 199 PROTECTIVE SERVICES FOR CHILDREN - ADOPTION
199.555 State-funded adoption assistance payments -- Conditions.
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