[Title 45 CFR 1356.40]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[Title 45 - PUBLIC WELFARE]
[Subtitle B - Regulations Relating to Public Welfare (Continued)]
[Chapter XIII - OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH]
[Subchapter G - THE ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES,]
[Part 1356 - REQUIREMENTS APPLICABLE TO TITLE IV-E]
[Sec. 1356.40 - Adoption assistance program: Administrative requirements to implement section 473 of the Act.]
[From the U.S. Government Publishing Office]




  45
  PUBLIC WELFARE
  4
  1996-10-01
  1996-10-01
  false
  
  1356.40
  Sec. 1356.40
  
    PUBLIC WELFARE
    Regulations Relating to Public Welfare (Continued)
    OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
    THE ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES,
    REQUIREMENTS APPLICABLE TO TITLE IV-E
  


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.

[[Page 369]]

    (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]