Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-3 - Definitions

Current through June, 2024
As used in this chapter:
"Adoption assistance" means the provision of an ongoing
				  adoption subsidy, medical benefits, and/or social services to enable the
				  adoption of children with special needs.
"Adoption assistance agreement" means a written agreement
				  between the adoptive or prospective adoptive parent(s) and the department
				  specifying conditions for the provision of adoption assistance.
"Adoption exchange" refers to a mechanism through which
				  children who are available for adoption are brought to the attention of
				  families who are interested in adoption.
"Adoption registry" means an information and resource
				  listing service of available children and families wanting to adopt.
"Adoption service" means a social service provided by the
				  department or a licensed child-placing organization for children whose
				  parent(s) have been found to be unwilling or unable to provide them with a safe
				  and nurturing permanent home and who need and can benefit from permanent family
				  ties established through legal adoption.
"Adoption subsidy" means the provision of monetary
				  assistance to enable families to provide for the needs of eligible children in
				  order to facilitate their adoption.
"Adoptive home" means a home which has been studied and
				  approved by the department or a licensed child-placing organization for the
				  placement of children for the purpose of adoption.
"Adoptive parent(s)" means a person(s) who has adopted a
				  child.
"Adoptive placement" means the placement of a child, who is
				  legally free for adoption, into an approved adoptive home.
"Aid to families with dependent children" or "AFDC" means
				  federally funded aid to families with dependent children based on meeting
				  requirements defined in section 406(a) or section 407 of the Social Security
				  Act and in effect on July 16, 1996.
"Applicable child" is a child who
(i) turns 16 (or older) during October 1, 2009 through
				  September 30, 2010; or
(ii) turns 14 (or older) during October 1, 2010 through
				  September 30, 2011; or
(iii) turns 12 (or older) during October 1, 2011 through
				  September 30, 2012; or
(iv) turns 10 (or older) during October 1, 2012 through
				  September 30, 2013; or
(v) turns 8 (or older) during October 1, 2013 through
				  September 30, 2014; or
(vi) turns 6 (or older) during October 1, 2014 through
				  September 30, 2015; or
(vii) turns 4 (or older) during October 1, 2015 through
				  September 30, 2016; or
(viii) turns 2 (or older) during October 1, 2016 through
				  September 30, 2017; or turns any age beginning October 1, 2017; or
(ix) has been in foster care for 60 consecutive months;
				  or
(x) is a sibling to a child who is eligible due to the
				  child's age or length in foster care and is to be placed in the same adoptive
				  placement of the applicable sibling.
"Department" means the department of human services.
"Nonrecurring adoption expenses" means 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, which
				  are not incurred in violation of state or federal law, and which have not been
				  or are not eligible to be reimbursed from other sources or other funds.
"Other expenses" means the costs of the adoption incurred by
				  or on behalf of the prospective adoptive parent(s) for which they are
				  responsible. Such costs may include the adoptive home study, including health
				  and psychological examinations, supervision of the placement prior to adoption,
				  and transportation and reasonable costs of lodging and food for the child and
				  prospective adoptive parent(s) when necessary to complete the adoption
				  process.
"Prospective adoptive parent(s)" means a person(s) who has
				  been studied and approved by the department or a licensed child-placing
				  organization and identified by the department or licensed child-placing
				  organization as the most appropriate adoptive placement for the child.
"Specified relative" means father, mother, brother, sister,
				  half-brother, half-sister, uncle, aunt, uncle half-blood, aunt half-blood,
				  great uncle, great aunt, great uncle half-blood, great aunt half-blood,
				  grandfather, grandmother, great grandfather, great grandmother, first cousin,
				  first cousin once removed, nephew or niece, great-great grandmother,
				  great-great grandfather, great-great-great grandmother, great-great-great
				  grandfather, great-great aunt, great-great uncle, great-great aunt half blood,
				  great-great uncle half blood; stepfather, stepmother, stepbrother, and
				  stepsister; the adoptive parents of a legally adopted child as well as other
				  natural or legally adopted children and relatives of the adoptive parents; and
				  the legally married spouse of any of the persons specified in this subsection
				  even after the marriage has ended in death or divorce.
"Voluntary relinquishment" means the release of a child by
				  the parent(s) for the purpose of adoption.