SECTION .0600 – nonrecurring ADOPTION costs

10A NCAC 70M .0601     public adoption agency requirements

(a)  Public adoption agencies shall:

(1)           at the time of or prior to the final decree of adoption, enter into an agreement for the reimbursement of nonrecurring adoption expenses with parents who adopt a child with special needs;

(2)           prior to entering into an agreement for the reimbursement of nonrecurring adoption expenses, the public adoption agency shall:

(A)          Make a determination that the child is a child with special needs; and

(B)          Make a determination that the child has been placed for adoption in accordance with applicable laws;

(3)           make payments for reimbursement of nonrecurring adoption expenses incurred by or on behalf of parents in connection with the adoption of a child with special needs if it enters into an agreement for the reimbursement of nonrecurring adoption expenses;

(4)           retain copies of the complete application for reimbursement of nonrecurring adoption expenses, along with supporting document and receipts, and the agreement for the reimbursement of nonrecurring adoption expenses for auditing purposes; and

(5)           upon receipt of a completed nonrecurring adoption expense reimbursement application, the public adoption agency shall submit the application to the Department.

(b)           When there is an interstate placement of the child with special needs, the public adoption agency that entered into an adoption assistance agreement shall also reimburse the parent or vendor for the nonrecurring adoption expenses. When there has been an interstate placement of a child with special needs for the purpose of adoption and there is no adoption assistance agreement from the sending state, then the public adoption agency that is responsible for entering into an agreement for nonrecurring adoption expenses shall be the public adoption agency where the petitioner for adoption resides.

History Note:        Authority G.S. 108A‑49; 108A‑50; 143B‑153;

Eff. July 1, 1991;

Readopted Eff. August 1, 2021.