2020 New York Laws
SOS - Social Services
Article 6 - Children
Title 9 - Subsidies for the Adoption of Children
453-A - Payments for Non-Recurring Adoption Expenses.

§  453-a.  Payments  for  non-recurring adoption expenses. 1. A social
services  official  shall  make  payments  for  non-recurring   adoption
expenses  incurred  by  or  on behalf of the adoptive parents of a child
with special needs, when such expenses are incurred in  connection  with
the adoption of a child with special needs through an authorized agency.
In  accordance  with subdivision two of this section, the payments shall
be made by the social services official either to the  adoptive  parents
directly,  to the authorized agency on behalf of the adoptive parents or
to an attorney on behalf of  the  adoptive  parents  for  the  allowable
amount  of  attorney's  fees  or court costs incurred in connection with
such completed adoption.
  2. The amount of the payment made pursuant to this  section  shall  be
determined pursuant to the regulations of the department. Nothing herein
shall  obligate a social services official to make payments for the full
amount of non-recurring adoption expenses incurred by or  on  behalf  of
the adoptive parents of a child with special needs.
  3.  Payments  for  non-recurring  adoption  expenses  made by a social
services  official  pursuant  to  this  section  shall  be  treated   as
administrative  expenditures under title IV-E of the social security act
and shall be reimbursed by the state accordingly.
  4. Payments under this section shall be made  pursuant  to  a  written
agreement   between   the   social  services  official,  other  relevant
authorized agencies and the adoptive parents of  a  child  with  special
needs.  The written agreement shall specify the nature and amount of any
payments,  services  and assistance to be provided, shall stipulate that
the agreement remain in effect regardless of the state of  residence  of
the  adoptive  parents  at any time and shall contain provisions for the
protection of the interests of the child where the adoptive parents  and
the  child  move  to  another  state  while  the agreement is effective.
Applications  for  such  subsidies  shall  be  accepted  prior  to   the
commitment of the guardianship and custody of the child to an authorized
agency  pursuant to the provisions of this chapter, and approval thereof
may be granted contingent upon such commitment.
  5. When the parental rights of a child with special  needs  have  been
terminated in this state and the child's guardianship has been committed
to  an  authorized agency, the child is adopted in another state and the
adoptive parents  are    not  eligible  for  payments  of  non-recurring
adoption  expenses  in the other state, a social services official shall
make payments of the non-recurring adoption expenses incurred by  or  on
behalf  of  the adoptive parents, if such parents are otherwise eligible
for payments under subdivision one of this section.
  6. As used in this section, non-recurring adoption expenses shall mean
reasonable and necessary adoption fees, court costs, attorney  fees  and
other  expenses  which  are  directly related to the legal adoption of a
child with special needs and which are  not  incurred  in  violation  of
federal law or the laws of this state or any other state.
  7.  As  used  in this section, a child with special needs shall mean a
child who:
  (a) the state has determined cannot or shall not be  returned  to  the
home of his or her parents; and
  (b) the state has first determined:
  (i)  is  a  handicapped child as defined in subdivision two of section
four hundred fifty-one of this title, or is  a  hard-to-place  child  as
defined  in  paragraph  (c) of subdivision three of section four hundred
fifty-one of this title; and
  (ii) a reasonable, but unsuccessful effort has been made to place  the
child  with  appropriate  adoptive  parents without adoption assistance.
Such an effort need not be made where such efforts would not be  in  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 such parents as a foster child.