N.Y. Social Services Law § 453-a: Payments for non-recurring adoption expenses

§ 453-a. Payments for non-recurring adoption expenses. 1. A social

services official shall make payments for non-recurring adoption

expenses incurred by or on behalf of the adoptive parents of a child

with special needs, when such expenses are incurred in connection with

the adoption of a child with special needs through an authorized agency.

In accordance with subdivision two of this section, the payments shall

be made by the social services official either to the adoptive parents

directly, to the authorized agency on behalf of the adoptive parents or

to an attorney on behalf of the adoptive parents for the allowable

amount of attorney's fees or court costs incurred in connection with

such completed adoption.

2. The amount of the payment made pursuant to this section shall be

determined pursuant to the regulations of the department. Nothing herein

shall obligate a social services official to make payments for the full

amount of non-recurring adoption expenses incurred by or on behalf of

the adoptive parents of a child with special needs.

3. Payments for non-recurring adoption expenses made by a social

services official pursuant to this section shall be treated as

administrative expenditures under title IV-E of the social security act

and shall be reimbursed by the state accordingly.

4. Payments under this section shall be made pursuant to a written

agreement between the social services official, other relevant

authorized agencies and the adoptive parents of a child with special

needs. The written agreement shall specify the nature and amount of any

payments, services and assistance to be provided, shall stipulate that

the agreement remain in effect regardless of the state of residence of

the adoptive parents at any time and shall contain provisions for the

protection of the interests of the child where the adoptive parents and

the child move to another state while the agreement is effective.

Applications for such subsidies shall be accepted prior to the

commitment of the guardianship and custody of the child to an authorized

agency pursuant to the provisions of this chapter, and approval thereof

may be granted contingent upon such commitment.

5. When the parental rights of a child with special needs have been

terminated in this state and the child's guardianship has been committed

to an authorized agency, the child is adopted in another state and the

adoptive parents are not eligible for payments of non-recurring

adoption expenses in the other state, a social services official shall

make payments of the non-recurring adoption expenses incurred by or on

behalf of the adoptive parents, if such parents are otherwise eligible

for payments under subdivision one of this section.

6. As used in this section, non-recurring adoption expenses shall mean

reasonable and necessary adoption fees, court costs, attorney fees and

other expenses which are directly related to the legal adoption of a

child with special needs and which are not incurred in violation of

federal law or the laws of this state or any other state.

7. As used in this section, a child with special needs shall mean a

child who:

(a) the state has determined cannot or shall not be returned to the

home of his or her parents; and

(b) the state has first determined:

(i) is a handicapped child as defined in subdivision two of section

four hundred fifty-one of this title, or is a hard-to-place child as

defined in paragraph (c) of subdivision three of section four hundred

fifty-one of this title; and

(ii) a reasonable, but unsuccessful effort has been made to place the

child with appropriate adoptive parents without adoption assistance.

Such an effort need not be made where such efforts would not be in the

best interests of the child because of such factors as the existence of

significant emotional ties with prospective adoptive parents while in

the care of such parents as a foster child.