{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1301.html"}],"law_id":77457,"edition_id":1,"section_id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","history":"1974, c. 507, \u00a7 63.1-238.2; 1982, c. 171; 1983, c. 292; 1987, cc. 650, 681; 2002, c. 747; 2010, c. 271; 2017, c. 199; 2023, cc. 148, 149.","full_text":"A\n\nTitle IV-E maintenance payments shall be made to the adoptive parents on behalf of an adopted child placed if it is determined that the child is a child with special needs as set forth in § 63.2-1300 and the child meets the requirements set forth in § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).B\n\nState-funded maintenance payments may be made to the adoptive parents on behalf of an adopted child if it is determined that the child does not meet the requirements set forth in \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673) but the child is a child with special needs as set forth in \u00a7 63.2-1300. A child with special needs shall receive state-funded maintenance payments if he:1\n\nWas in the custody of a local board or a licensed child-placing agency at the time of the adoptive placement;2\n\nWas in the custody of a local board or a licensed child-placing agency at the time of the adoptive placement and met the factors set forth in subdivision B 1 or 2 of § 63.2-1300 at the time of adoption but such factors were not diagnosed until after the final order of adoption and no more than one year has elapsed from the date of diagnosis; or3\n\nLived with his foster parents for at least 12 months and has developed significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child and state-funded maintenance payments are necessary to enable the adoption.C\n\nSpecial services payments may be made for the provision of services to the child that are not covered by insurance, Medicaid, or otherwise. Special services include (i) medical, surgical, and dental care; (ii) hospitalization; (iii) individual remedial education services; (iv) psychological and psychiatric treatment; (v) speech and physical therapy; and (vi) special equipment, treatment, and training for physical and mental disabilities. A child is eligible for special services payments if:1\n\nThe child is a child with special needs as set forth in § 63.2-1300;2\n\nThe child is receiving adoption assistance payments pursuant to subsection A or B; and3\n\nThe adoptive parents are capable of providing the permanent family relationships needed by the child in all respects except financial.D\n\nNonrecurring expense payments shall be made to the adoptive parents for expenses related to the adoption, including reasonable and necessary adoption fees, court costs, attorney fees and other legal service fees, as well as any other expenses that are directly related to the legal adoption of a child with special needs, including costs related to the adoption study, any health and psychological examinations, supervision of the placement prior to adoption and any transportation costs and reasonable costs of lodging and food for the child and the adoptive parents when necessary to complete the placement or adoption process for which the adoptive parents carry ultimate liability for payment and that have not been reimbursed from any other source, as set forth in 45 C.F.R. § 1356.41. However, the total amount of nonrecurring expense payments made to adoptive parents for the adoption of a child shall not exceed $2,000 or an amount established by federal law.","order_by":null,"text":{"0":{"id":277846,"text":"Title IV-E maintenance payments shall be made to the adoptive parents on behalf of an adopted child placed if it is determined that the child is a child with special needs as set forth in § 63.2-1300 and the child meets the requirements set forth in § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277847,"text":"State-funded maintenance payments may be made to the adoptive parents on behalf of an adopted child if it is determined that the child does not meet the requirements set forth in \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673) but the child is a child with special needs as set forth in \u00a7 63.2-1300. A child with special needs shall receive state-funded maintenance payments if he:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":277848,"text":"Was in the custody of a local board or a licensed child-placing agency at the time of the adoptive placement;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":277849,"text":"Was in the custody of a local board or a licensed child-placing agency at the time of the adoptive placement and met the factors set forth in subdivision B 1 or 2 of § 63.2-1300 at the time of adoption but such factors were not diagnosed until after the final order of adoption and no more than one year has elapsed from the date of diagnosis; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":277850,"text":"Lived with his foster parents for at least 12 months and has developed significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child and state-funded maintenance payments are necessary to enable the adoption.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":277851,"text":"Special services payments may be made for the provision of services to the child that are not covered by insurance, Medicaid, or otherwise. Special services include (i) medical, surgical, and dental care; (ii) hospitalization; (iii) individual remedial education services; (iv) psychological and psychiatric treatment; (v) speech and physical therapy; and (vi) special equipment, treatment, and training for physical and mental disabilities. A child is eligible for special services payments if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":277852,"text":"The child is a child with special needs as set forth in § 63.2-1300;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":277853,"text":"The child is receiving adoption assistance payments pursuant to subsection A or B; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":277854,"text":"The adoptive parents are capable of providing the permanent family relationships needed by the child in all respects except financial.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":277855,"text":"Nonrecurring expense payments shall be made to the adoptive parents for expenses related to the adoption, including reasonable and necessary adoption fees, court costs, attorney fees and other legal service fees, as well as any other expenses that are directly related to the legal adoption of a child with special needs, including costs related to the adoption study, any health and psychological examinations, supervision of the placement prior to adoption and any transportation costs and reasonable costs of lodging and food for the child and the adoptive parents when necessary to complete the placement or adoption process for which the adoptive parents carry ultimate liability for payment and that have not been reimbursed from any other source, as set forth in 45 C.F.R. § 1356.41. However, the total amount of nonrecurring expense payments made to adoptive parents for the adoption of a child shall not exceed $2,000 or an amount established by federal law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1301\/","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 1982, chapter 171; in 1983, chapter 292; in 1987, chapters 650 and 681; in 2002, chapter 747<\/a>; in 2010, chapter 271<\/a>; in 2017, chapter 199<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":[{"id":76743,"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","order_by":null,"url":"\/63.2-1302\/"}],"refers_to":[{"id":77476,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","order_by":null,"url":"\/63.2-1300\/"}],"permalink":{"id":271659,"object_type":"law","relational_id":77457,"identifier":"63.2-1301","token":"63.2\/III\/13\/63.2-1301","url":"\/63.2-1301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","dublin_core":{"Title":"Types of adoption assistance payments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Title IV-E maintenance payments shall be made to the adoptive parents on behalf of an adopted child<\/span> placed if it is determined that the child<\/span> is a child<\/span> with special needs as set forth in § 63.2-1300<\/a> and the child<\/span> meets the requirements set forth in § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> State-funded maintenance payments may be made to the adoptive parents on behalf of an adopted child<\/span> if it is determined that the child<\/span> does not meet the requirements set forth in \u00a7 473 of Title IV-E of the Social Security Act (42 U.S.C. \u00a7 673) but the child<\/span> is a child<\/span> with special needs as set forth in \u00a7 63.2-1300<\/a>. A child<\/span> with special needs shall receive state-funded maintenance payments if he: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Was in the custody<\/span> of a local board<\/span> or a licensed child<\/span>-placing agency<\/span> at the time of the adoptive placement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Was in the custody<\/span> of a local board<\/span> or a licensed child<\/span>-placing agency<\/span> at the time of the adoptive placement<\/span> and met the factors set forth in subdivision B 1 or 2 of § 63.2-1300<\/a> at the time of adoption but such factors were not diagnosed until after the final order<\/span> of adoption and no more than one year has elapsed from the date of diagnosis; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Lived with his foster parents for at least 12 months and has developed significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child<\/span> and state-funded maintenance payments are necessary to enable the adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Special services payments may be made for the provision of services to the child<\/span> that are not covered by insurance, Medicaid, or otherwise. Special services include (i) medical, surgical, and dental care; (ii) hospitalization; (iii) individual remedial education services; (iv) psychological and psychiatric treatment; (v) speech and physical therapy; and (vi) special equipment, treatment, and training for physical and mental disabilities. A child<\/span> is eligible for special services payments if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child<\/span> is a child<\/span> with special needs as set forth in § 63.2-1300<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child<\/span> is receiving adoption assistance payments pursuant to subsection A or B; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The adoptive parents are capable of providing the permanent family relationships needed by the child<\/span> in all respects except financial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nonrecurring expense payments shall be made to the adoptive parents for expenses related to the adoption, including reasonable and necessary adoption fees, court<\/span> costs, attorney fees and other legal service fees, as well as any other expenses that are directly related to the legal adoption of a child<\/span> with special needs, including costs related to the adoption study, any health and psychological examinations, supervision of the placement prior to adoption and any transportation costs and reasonable costs of lodging and food for the child<\/span> and the adoptive parents when necessary to complete the placement or adoption process for which the adoptive parents carry ultimate liability for payment and that have not been reimbursed from any other source, as set forth in 45 C.F.R. § 1356.41. However, the total amount of nonrecurring expense payments made to adoptive parents for the adoption of a child<\/span> shall not exceed $2,000 or an amount established by federal law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTYPES OF ADOPTION ASSISTANCE PAYMENTS (\u00a7 63.2-1301)\n\nA. Title IV-E maintenance payments shall be made to the adoptive parents on\nbehalf of an adopted child placed if it is determined that the child is a child\nwith special needs as set forth in § 63.2-1300 and the child meets the\nrequirements set forth in § 473 of Title IV-E of the Social Security Act\n(42 U.S.C. § 673).\n\nB. State-funded maintenance payments may be made to the adoptive parents on\nbehalf of an adopted child if it is determined that the child does not meet the\nrequirements set forth in \u00a7 473 of Title IV-E of the Social Security Act (42\nU.S.C. \u00a7 673) but the child is a child with special needs as set forth in \u00a7\n63.2-1300. A child with special needs shall receive state-funded maintenance\npayments if he:\n\n 1. Was in the custody of a local board or a licensed child-placing agency at\n the time of the adoptive placement;\n\n 2. Was in the custody of a local board or a licensed child-placing agency at\n the time of the adoptive placement and met the factors set forth in\n subdivision B 1 or 2 of § 63.2-1300 at the time of adoption but such\n factors were not diagnosed until after the final order of adoption and no more\n than one year has elapsed from the date of diagnosis; or\n\n 3. Lived with his foster parents for at least 12 months and has developed\n significant emotional ties with his foster parents while in their care and the\n foster parents wish to adopt the child and state-funded maintenance payments\n are necessary to enable the adoption.\n\nC. Special services payments may be made for the provision of services to the\nchild that are not covered by insurance, Medicaid, or otherwise. Special\nservices include (i) medical, surgical, and dental care; (ii) hospitalization;\n(iii) individual remedial education services; (iv) psychological and psychiatric\ntreatment; (v) speech and physical therapy; and (vi) special equipment,\ntreatment, and training for physical and mental disabilities. A child is\neligible for special services payments if:\n\n 1. The child is a child with special needs as set forth in § 63.2-1300;\n\n 2. The child is receiving adoption assistance payments pursuant to subsection\n A or B; and\n\n 3. The adoptive parents are capable of providing the permanent family\n relationships needed by the child in all respects except financial.\n\nD. Nonrecurring expense payments shall be made to the adoptive parents for\nexpenses related to the adoption, including reasonable and necessary adoption\nfees, court costs, attorney fees and other legal service fees, as well as any\nother expenses that are directly related to the legal adoption of a child with\nspecial needs, including costs related to the adoption study, any health and\npsychological examinations, supervision of the placement prior to adoption and\nany transportation costs and reasonable costs of lodging and food for the child\nand the adoptive parents when necessary to complete the placement or adoption\nprocess for which the adoptive parents carry ultimate liability for payment and\nthat have not been reimbursed from any other source, as set forth in 45 C.F.R.\n§ 1356.41. However, the total amount of nonrecurring expense payments made\nto adoptive parents for the adoption of a child shall not exceed $2,000 or an\namount established by federal law.\n\nHISTORY: 1974, c. 507, \u00a7 63.1-238.2; 1982, c. 171; 1983, c. 292; 1987, cc. 650,\n681; 2002, c. 747; 2010, c. 271; 2017, c. 199; 2023, cc. 148, 149.","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}}