10A NCAC 70M .0404 ELIGIBILITY REQUIREMENTS FOR THE SPECIAL CHILDREN ADOPTION INCENTIVE FUND AND EFFECTIVE DATE
(a) Within the limits of available funding, the following criteria shall establish eligibility for the Special Children Adoption Incentive Fund. Eligibility is verified and approved on a case-by-case basis by staff of the Division of Social Services for compliance with budgetary limitations and all of the following eligibility criteria:
(1) The child must be in the custody and placement responsibility of the participating county departments of social services;
(2) The child has been in the legal custody of a participating county department of social services for at least six consecutive months and has a health condition (physical, mental, etc.) that is expected to result in impairment in the child's ability to function in the home, school or community and to endure throughout childhood. The child's health condition and the duration of the condition shall be documented by a written statement from a licensed physician and maintained in the child's record;
(3) The child requires eight or more hours daily of direct supervision for personal health care or prevention of self-destructive or assaultive behavior. The status of the child's condition and the supervision needed for the child's condition shall be documented in a written statement from a licensed health or mental health practitioner. The county department of social services working with the foster family and child shall document knowledge of the child's condition and the need for eight or more hours of daily direct supervision by the foster family, health professional or special education teacher;
(4) The foster parent(s) are licensed and the child has resided in the home for the previous six months on a continuous basis. The child's length of stay shall be documented in a written statement from the county department of social services. A copy of the foster home license shall be maintained in the child's record;
(5) The foster parent(s) have been receiving monthly cash assistance from any governmental source whether federal, State or local above the state adoption assistance rate established by the General Assembly for the previous six months on a continuous basis to provide the care required for the child's health condition and functional impairment;
(6) The foster parent(s) are willing to adopt the child only if the monthly cash assistance from any governmental source whether federal, State or local above the state adoption assistance rate received as foster parent(s) is not terminated;
(7) The foster parent(s) have signed an adoption assistance agreement and a supplemental agreement that includes the additional amount of cash assistance that the foster parent(s) have agreed to accept prior to the finalization of the adoption. The supplemental agreement will acknowledge that the Special Children Adoption Incentive Fund benefits are not an entitlement and are subject to the availability of State and county funds for this purpose;
(8) The Decree of Adoption for the child was issued by the court on or after January 1, 2001; and
(9) The county department of social services having legal custody of the child voluntarily agrees to participate in the Special Children Adoption Incentive Fund and agrees to assume 50% of the payment above the State adoption assistance rate established by the General Assembly.
(b) The Special Children Adoption Incentive Fund benefits for which the child may be eligible will become effective the first month following the month in which the Decree of Adoption is issued.
(c) When more than one application is received at the same time and funding is not available to serve all applicants the Division of Social Services will base a decision as to which application(s) will be approved on the child's need for greater direct supervision and the child least likely to be adopted.
History Note: Authority G.S. 108A-49; 108A-50; 143B-153; S.L. 2000-67, s. 11.16;
Temporary Adoption Eff. January 1, 2001;
Temporary Adoption Eff. August 31, 2001;
Eff. July 18, 2002.