NY Soc Serv L § 453-A (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 9 - Subsidies for the Adoption of Children 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.