                                 CODE OF VIRGINIA

TYPES OF ADOPTION ASSISTANCE PAYMENTS (§ 63.2-1301)

A. 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 &#xA7; 63.2-1300 and the child meets the
requirements set forth in &#xA7; 473 of Title IV-E of the Social Security Act
(42 U.S.C. &#xA7; 673).

B. 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 § 473 of Title IV-E of the Social Security Act (42
U.S.C. § 673) but the child is a child with special needs as set forth in §
63.2-1300. A child with special needs shall receive state-funded maintenance
payments if he:

   1. Was in the custody of a local board or a licensed child-placing agency at
   the time of the adoptive placement;

   2. 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 &#xA7; 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

   3. 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.

C. 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:

   1. The child is a child with special needs as set forth in &#xA7; 63.2-1300;

   2. The child is receiving adoption assistance payments pursuant to subsection
   A or B; and

   3. The adoptive parents are capable of providing the permanent family
   relationships needed by the child in all respects except financial.

D. 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.
&#xA7; 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.

HISTORY: 1974, c. 507, § 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.