2019 US Virgin Islands Code
Title 34 - Welfare
Chapter 11 - Virgin Islands Subsidized Adoption Act
§ 355. Subsidy agreement
Universal Citation: V.I. Code tit. 34, § 355 (2019)
- When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must [be] a written agreement between the family entering into the subsidized adoption and the Department of Human Services. Adoption subsidies in individual cases may commence with the adoption placement or at the appropriate time after the adoption decree, and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. The subsidy may be for special services only, or for money payment, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for such child under foster family care, or, in the case of a special service, the reasonable fee for the service rendered.
- When subsidies are for more than one year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition(s) that caused the child to be certified continue(s) to exist. The subsidy agreement shall be continued in accordance with its terms but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Virgin Islands regulations, it may be continued after the adopted child reaches majority. Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time.
- A child who is a resident of the Virgin Islands when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
- All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with applicable provisions of Virgin Islands law.
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