{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1300.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1300.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1300.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1300.html"}],"law_id":77476,"edition_id":1,"section_id":77476,"structure_id":16254,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","history":"1974, c. 507, \u00a7 63.1-238.1; 1978, c. 536; 1981, c. 359; 1987, cc. 650, 681; 2000, cc. 290, 830, \u00a7 63.1-238.03; 2002, c. 747; 2010, c. 271; 2017, c. 199.","full_text":"A\n\nThe purpose of adoption assistance is to facilitate adoptive placements and ensure permanency for children with special needs.B\n\nIn accordance with \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673), a child with special needs is a child who is unlikely to be adopted within a reasonable period of time due to one or more of the following factors:1\n\nPhysical, mental or emotional condition existing prior to adoption;2\n\nHereditary tendency, congenital problem or birth injury leading to substantial risk of future disability; or3\n\nIndividual circumstances of the child related to age, racial or ethnic background or close relationship with one or more siblings.C\n\nA child with special needs will be eligible for adoption assistance if (i) the child is a citizen or legal resident of the United States; (ii) the child cannot or should not be returned to the home of his parents; and (iii) reasonable efforts to place the child in an appropriate adoptive home without the provision of adoption assistance have been unsuccessful. An exception may be made to the requirement that efforts be made to place the child in an adoptive home without the provision of adoption assistance when it is in the best interest of the child due to factors such as the development of significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child.","order_by":null,"text":{"0":{"id":277890,"text":"The purpose of adoption assistance is to facilitate adoptive placements and ensure permanency for children with special needs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277891,"text":"In accordance with \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673), a child with special needs is a child who is unlikely to be adopted within a reasonable period of time due to one or more of the following factors:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":277892,"text":"Physical, mental or emotional condition existing prior to adoption;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":277893,"text":"Hereditary tendency, congenital problem or birth injury leading to substantial risk of future disability; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":277894,"text":"Individual circumstances of the child related to age, racial or ethnic background or close relationship with one or more siblings.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":277895,"text":"A child with special needs will be eligible for adoption assistance if (i) the child is a citizen or legal resident of the United States; (ii) the child cannot or should not be returned to the home of his parents; and (iii) reasonable efforts to place the child in an appropriate adoptive home without the provision of adoption assistance have been unsuccessful. An exception may be made to the requirement that efforts be made to place the child in an adoptive home without the provision of adoption assistance when it is in the best interest of the child due to factors such as the development of significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":16254,"edition_id":1,"name":"Adoption Assistance for Children with Special Needs","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 04:11:19","date_modified":"2026-06-26 04:11:19","permalink":{"id":271653,"object_type":"structure","relational_id":16254,"identifier":"13","token":"63.2\/III\/13","url":"\/63.2\/III\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77476,"structure_id":16254,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","url":"\/63.2-1300\/","token":"63.2\/III\/13\/63.2-1300","metadata":false},{"id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","metadata":false},{"id":76743,"structure_id":16254,"section_number":"63.2-1302","catch_line":"Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements","url":"\/63.2-1302\/","token":"63.2\/III\/13\/63.2-1302","metadata":false},{"id":83314,"structure_id":16254,"section_number":"63.2-1303","catch_line":"Application for adoption assistance payments","url":"\/63.2-1303\/","token":"63.2\/III\/13\/63.2-1303","metadata":false},{"id":68665,"structure_id":16254,"section_number":"63.2-1304","catch_line":"Appeal to Commissioner regarding adoption assistance","url":"\/63.2-1304\/","token":"63.2\/III\/13\/63.2-1304","metadata":false},{"id":65696,"structure_id":16254,"section_number":"63.2-1305","catch_line":"Federal-Funded Kinship Guardianship Assistance program","url":"\/63.2-1305\/","token":"63.2\/III\/13\/63.2-1305","metadata":false},{"id":77603,"structure_id":16254,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","url":"\/63.2-1306\/","token":"63.2\/III\/13\/63.2-1306","metadata":false}],"next_section":{"id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1300\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 507 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 536; in 1981, chapter 359; in 1987, chapters 650 and 681; in 2000, chapters 290<\/a> and 830<\/a>; in 2002, chapter 747<\/a>; in 2010, chapter 271<\/a>; in 2017, chapter 199<\/a>.<\/p>","references":[{"id":58081,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","order_by":null,"url":"\/63.2-1208\/"},{"id":77214,"section_number":"63.2-1209","catch_line":"Entry of interlocutory order","order_by":null,"url":"\/63.2-1209\/"},{"id":77457,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","order_by":null,"url":"\/63.2-1301\/"}],"refers_to":false,"permalink":{"id":271655,"object_type":"law","relational_id":77476,"identifier":"63.2-1300","token":"63.2\/III\/13\/63.2-1300","url":"\/63.2-1300\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1300\/","token":"63.2\/III\/13\/63.2-1300","dublin_core":{"Title":"Purpose and intent of adoption assistance; eligibility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1300","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The purpose of adoption assistance is to facilitate adoptive placements<\/span> and ensure permanency for children with special needs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In accordance with \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673), a child<\/span> with special needs is a child<\/span> who is unlikely to be adopted within a reasonable period of time due to one or more of the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Physical, mental or emotional condition existing prior to adoption; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hereditary tendency, congenital problem or birth injury leading to substantial risk of future disability; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Individual circumstances of the child<\/span> related to age, racial or ethnic background or close relationship with one or more siblings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A child<\/span> with special needs will be eligible for adoption assistance if (i) the child<\/span> is a citizen or legal resident of the United States; (ii) the child<\/span> cannot or should not be returned to the home of his parents; and (iii) reasonable efforts to place the child<\/span> in an appropriate adoptive home<\/span> without the provision of adoption assistance have been unsuccessful. An exception may be made to the requirement that efforts be made to place the child<\/span> in an adoptive home<\/span> without the provision of adoption assistance when it is in the best interest of the child<\/span> due to factors such as the development of significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURPOSE AND INTENT OF ADOPTION ASSISTANCE; ELIGIBILITY (\u00a7 63.2-1300)\n\nA. The purpose of adoption assistance is to facilitate adoptive placements and\nensure permanency for children with special needs.\n\nB. In accordance with \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C.\n\u00a7 673), a child with special needs is a child who is unlikely to be adopted\nwithin a reasonable period of time due to one or more of the following factors:\n\n 1. Physical, mental or emotional condition existing prior to adoption;\n\n 2. Hereditary tendency, congenital problem or birth injury leading to\n substantial risk of future disability; or\n\n 3. Individual circumstances of the child related to age, racial or ethnic\n background or close relationship with one or more siblings.\n\nC. A child with special needs will be eligible for adoption assistance if (i)\nthe child is a citizen or legal resident of the United States; (ii) the child\ncannot or should not be returned to the home of his parents; and (iii)\nreasonable efforts to place the child in an appropriate adoptive home without\nthe provision of adoption assistance have been unsuccessful. An exception may be\nmade to the requirement that efforts be made to place the child in an adoptive\nhome without the provision of adoption assistance when it is in the best\ninterest of the child due to factors such as the development of significant\nemotional ties with his foster parents while in their care and the foster\nparents wish to adopt the child.\n\nHISTORY: 1974, c. 507, \u00a7 63.1-238.1; 1978, c. 536; 1981, c. 359; 1987, cc. 650,\n681; 2000, cc. 290, 830, \u00a7 63.1-238.03; 2002, c. 747; 2010, c. 271; 2017, c.\n199.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}