[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1356.40]



[Page 313]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1356_REQUIREMENTS APPLICABLE TO TITLE IV-E--Table of Contents

 

Sec. 1356.40  Adoption assistance program: Administrative requirements 

to implement section 473 of the Act.



    (a) To implement the adoption assistance program provisions of the 

title IV-E State plan and to be eligible for Federal financial 

participation in adoption assistance payments under this part, the State 

must meet the requirements of this section and sections 471(a), 473 and 

475(3) of the Act.

    (b) The adoption assistance agreement for payments pursuant to 

section 473(a)(2) must meet the requirements of section 475(3) of the 

Act and must:

    (1) Be signed and in effect at the time of or prior to the final 

decree of adoption. A copy of the signed agreement must be given to each 

party; and

    (2) Specify its duration; and

    (3) Specify the nature and amount of any payment, services and 

assistance to be provided under such agreement and, for purposes of 

eligibility under title XIX of the Act, specify that the child is 

eligible for Medicaid services; and

    (4) Specify, with respect to agreements entered into on or after 

October 1, 1983, that the agreement shall remain in effect regardless of 

the State of which the adoptive parents are residents at any given time.

    (c) There must be no income eligibility requirement (means test) for 

the prospective adoptive parent(s) in determining eligibility for 

adoption assistance payments.

    (d) In the event an adoptive family moves from one State to another 

State, the family may apply for social services on behalf of the 

adoptive child in the new State of residence. However, for agreements 

entered into on or after October 1, 1983, if a needed service(s) 

specified in the adoption assistance agreement is not available in the 

new State of residence, the State making the original adoption 

assistance payment remains financially responsible for providing the 

specified service(s).

    (e) A State may make an adoption assistance agreement with adopting 

parent(s) who reside in another State. If so, all provisions of this 

section apply.

    (f) The State agency must actively seek ways to promote the adoption 

assistance program.



[48 FR 23116, May 23, 1983, as amended at 53 FR 50220, Dec. 14, 1988]