2006 Code of Virginia § 63.2-1302 - Subsidy payments; maintenance; special needs; payment agreements; continuation of payments when ado...

63.2-1302. Subsidy payments; maintenance; special needs; paymentagreements; continuation of payments when adoptive parents move to anotherjurisdiction; funds.

A. Subsidy payments shall include:

1. A maintenance subsidy that shall be payable monthly to provide for thesupport and care of the child; however, the maintenance subsidy shall notexceed the maximum regular foster care payment that would otherwise be madefor the child; and

2. A special need subsidy to provide special services to the child that theadoptive parents cannot afford and that are not covered by insurance orotherwise, including, but not limited to:

a. Medical, surgical and dental care;

b. Hospitalization;

c. Legal services in effecting adoption;

d. Individual remedial educational services;

e. Psychological and psychiatric treatment;

f. Speech and physical therapy;

g. Special services, equipment, treatment and training for physical andmental handicaps; and

h. Cost of adoptive home study and placement by a child-placing agency otherthan the local board.

Special need subsidies may be paid to the vendor of the goods or servicesdirectly or through the adoptive parents.

Subsidy payments shall cease when the child with special needs reaches theage of eighteen years. If it is determined that the child has a mental orphysical handicap, or an educational delay resulting from such handicap,warranting the continuation of assistance, subsidy payments may be made untilthe child reaches the age of twenty-one years.

B. Maintenance subsidy payments and special need subsidy payments shall bemade on the basis of an adoption assistance agreement entered into by thelocal board and the adoptive parents or, in cases in which the child is inthe custody of a licensed child-placing agency, an agreement between thelocal board, the licensed child-placing agency and the adoptive parents.

Prior to entering into an adoption assistance agreement, the local board orlicensed child-placing agency shall ensure that adoptive parents havereceived information about their child's eligibility for subsidy; about theirchild's special needs and, to the extent possible, the current and potentialimpact of those special needs. The local board or licensed child-placingagency shall also ensure that adoptive parents receive information about theprocess for appeal in the event of a disagreement between the adoptive parentand the local board or the adoptive parent and the child-placing agency andinformation about the procedures for revising the adoption assistanceagreement.

Adoptive parents shall submit annually to the local board within thirty daysof the anniversary date of the approved agreement an affidavit whichcertifies that (i) the child on whose behalf they are receiving subsidypayments remains in their care, (ii) the child's condition requiring subsidycontinues to exist, and (iii) whether or not changes to the adoptionassistance agreement are requested. Failure to provide this information maybe grounds for suspension of the subsidy payment until such time as theinformation is provided.

Maintenance subsidy payments made pursuant to this section shall not bereduced unless the circumstances of the child or adoptive parents havechanged significantly in relation to the terms of the subsidy agreement.

C. Responsibility for subsidy payments for a child placed for adoption shallbe continued by the local board that initiated the agreement in the eventthat the adoptive parents live in or move to another jurisdiction, providedthat the adoptive parents meet the conditions of the agreement and providedthat an agreement can be made with the appropriate agency of the localitywithin or without the Commonwealth where the adoptive family lives or ismoving to provide the necessary assistance in administering the subsidyagreement.

D. Payments may be made under this chapter from appropriations for fostercare services for the maintenance and medical or other services for childrenwho have special needs in accordance with 63.2-1301. Within the limitationsof the appropriations to the Department, the Commissioner shall reimburse anyagency making payments under this chapter. Any such agency may seek andaccept funds from other sources, including federal, state, local, and privatesources, to carry out the purposes of this chapter.

(1974, c. 507, 63.1-238.3; 1976, c. 216; 1977, c. 533; 1978, c. 536; 1980,c. 280; 1981, c. 359; 1982, c. 171; 1985, c. 568; 1987, cc. 650, 681; 1988,c. 417; 1989, c. 191; 2000, c. 290; 2002, c. 747.)