55 Pa. Code § 3140.203 - Adoption assistance agreement
(a)
The county agency shall execute a binding written adoption assistance agreement
between the parties-prospective adoptive parents and county agency-at the time
of or before the court issues the final adoption decree.
(b) The adoption assistance agreement shall
specify benefits and conditions relating to adoption including:
(1) The dollar amount of the adoption
assistance payment, if any.
(2) The
schedule for making payment and the date on which the payment will commence,
which may not be earlier than the date on which the adoptionwas finalized and
the dollar amount of the nonrecurring adoption expenses, if any.
(3) The availability and scope of Medical
Assistance coverage, under Title XIX of the Social Security Act (42 U.S.C.A. §§
1396-1396q) (Title XIX)
(Medicaid).
(4) The availability
and scope of social services under Title XX of the Social Security Act
(42 U.S.C.A. §§
1397-1397f) (Title XX).
(5) The extent to which benefits for the
child will apply when the adoptive family resides in or relocates to another
state while the agreement is in effect.
(6) A provision for the protection of the
interests of the child in case the adoptive parents and child reside or
relocate to another state while the agreement is in effect.
(i) For an adoptive child certified eligible
for Federal Financial Participation, eligibility for Medical Assistance and
Title XX social service is retained.
(ii) With regard to Medical Assistance
eligibility under Title XIX and social services under Title XX, one of the
following statements shall be contained in the agreement.
(A) "The child you are adopting has been
determined eligible for Federal Financial Participation. If you currently
reside or subsequently relocate outside this Commonwealth, the child you are
adopting will remain eligible for Medical Assistance benefits under Title XIX
of the Social Security Act and social services under Title XX of the act. The
authorizing Medical Assistance card will be issued from the child's state of
residence."
(B) "The child you are
adopting has been determined ineligible for Federal Financial Participation.
Although a Pennsylvania Medical Assistance card may be provided in the child's
name regardless of your state of
(5) The extent to which benefits for the
child will apply when the adoptive family resides in or relocates to another
state while the agreement is in effect.
(6) A provision for the protection of the
interests of the child in case the adoptive parents and child reside or
relocate to another state while the agreement is in effect.
(i) For an adopted child certified eligible
for Federal Financial Participation, eligibility for Medical Assistance and
Title XX social service is retained.
(ii) With regard to Medical Assistance
eligibility under Title XIX and social services under Title XX, one of the
following statements shall be contained in the agreement.
(A) "The child you are adopting has been
determined eligible for Federal Financial Participation. If you currently
reside or subsequently relocate outside this Commonwealth, the child you are
adopting will remain eligible for Medical Assistance benefits under Title XIX
of the Social Security Act and social services under Title XX of the act. The
authorizing Medical Assistance card will be issued from the child's state of
residence."
(B) "The child you are
adopting has been determined ineligible for Federal Financial Participation.
Although a Pennsylvania Medical Assistance card may be provided in the child's
name regardless of your state of residence, it may be difficult to locate
medical providers who will accept a Pennsylvania Medical Assistance card if you
reside outside Pennsylvania boundaries. Title XX social services as agreed upon
will be available to the extent that a voluntary agreement can be worked out
between involved states."
(iii) For agreements entered into on or after
October 1, 1983, if a needed service specified in the adoption assistance
agreement is not available in the state of residence, the county making the
original adoption assistance agreement remains responsible for assuring
reasonable access to specified or comparable service.
(7) The circumstances that would cause a
reduction in the amount paid or termination of the adoption assistance
agreement.
(8) That adoptive
parents are responsible for notifying the county agency of changes in
circumstances, and that the county agency will contact the parents at least
annually to assess the child's continued dependency.
(9) Information concerning additional
services that are available to the child, such as mental health/mental
retardation services.
(10)
Acknowledgement that the adoption assistance agreement remains in effect if a
family relocates outside the certifying county.
(11) The duration of the agreement.
(12) The schedule for making payment and the
date on which payment will commence.
(c) Each party to the agreement shall be
given one signed copy of the agreement.
Notes
The provisions of this § 3140.203 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§ 201-211, 701-774, 901-922 and 1001-1080).
This section cited in 55 Pa. Code § 3140.204 (relating to payments/benefits).
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