10-148 C.M.R. ch. 13, § 2 - DEFINITIONS
As used in these rules, the following definitions shall apply:
a. The term "Department" refers
to the Department of Human Services.
b. For adoption assistance purposes, the term
"child" refers to a special needs child in the custody of the Department or in
the custody of a non-profit, private, licensed child placing agency in this
State who is legally available for adoption, or who has been approved for legal
risk placement according to Section VIII, Subsection B, of the Department of
Human Services' Child and Family Services Policy Manual.
For reimbursement of non-recurring adoption expenses purposes, the term "child" refers to any special needs child who is otherwise eligible for the reimbursement program in Maine.
c. The term "family" refers to any single
person or married couple who wishes to apply for adoption assistance.
d. The term "special needs" refers to a child
who has one or more of the following characteristics:
1 Has a physical, mental or emotional
handicap that makes placement difficult;
2 Has a medical condition that makes
placement difficult;
3 Is a member
of a sibling group to be placed together that includes at least one member who
is difficult to place and who meets one or more of criteria 1, 2, 4, 5 or
6;
4 Is age 5 or older;
5 Is difficult to place because of
race;
6 Has been a victim of
physical, emotional or sexual abuse or neglect that places the child at risk
for future emotional difficulties; or
7 Has factors in the child's background such
as severe mental illness, substance abuse, prostitution, genetic or medical
conditions or illnesses that place the child at risk for future problems. For
purposes of this definition "at risk" is meant to have some significance in a
statistical or medical sense, i.e., some probability of occurrence that is not
merely speculative or statistically insignificant.
e. "Difficult to place child" is a child with
special needs for whom reasonable but unsuccessful efforts to secure an
appropriate, unassisted adoptive placement have been made, or for whom efforts
to secure unassisted placements have been waived because it is in the best
interests of the child: for example, adoption by a foster family with whom the
child has established a meaningful, positive bond.
f. "Non-recurring adoption expenses" are
those one-time adoption expenses directly related to the adoption of a special
needs child, such as adoption fees, court costs, attorneys fees, etc., which
are not incurred in violation of state or federal law, which have not been
reimbursed from other sources or funds, and the adoptive parents have incurred
these expenses.
g. Retroactive
adoption assistance refers to adoption assistance approved by the Department
for special needs children who are adopted without adoption assistance and who
are later determined to be eligible pursuant to these rules. The term
"retroactive" does not refer to, nor does it imply, the availability of
assistance between the time of the adoption and the date the adoptive parents
request "retroactive" adoption assistance, except as may be provided under
section 5. c. of these rules.
h.
Special foster family care rates refer to those rates established by the
department in policy. (Child and Family Services Manual, Section V, G-1, page
9.1.b.)
Notes
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