Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 49 - Adoption Subsidy Program › Section V-4903 - Nonrecurring Expenses in Adoptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Community Services sets
				  forth criteria for reimbursement of nonrecurring expenses associated with the
				  adoption of children with special needs.
1.
				  The amount of the payment made for nonrecurring expenses of adoption shall be
				  determined through agreement between the adopting parent(s) and the Office of
				  Community Services. The agreement must indicate the nature and amount of the
				  nonrecurring expenses to be paid.
2. The agreement for nonrecurring expenses
				  must be signed prior to the final decree of adoption.
3. There must be no income eligibility
				  requirement (means test) for adopting parents in determining whether payments
				  for nonrecurring expenses of adoption shall be made. However, parents cannot be
				  reimbursed for out-of-pocket expenses for which they have otherwise been
				  reimbursed.
4. To be eligible, the
				  child must meet the criteria previously established by the Office of Community
				  Services to be designated as a "child with special needs". Furthermore, the
				  child must have been placed for adoption in accordance with applicable state
				  laws.
5. The rate of reimbursement
				  for nonrecurring expenses has been set at $1,000 per adoption.
6. In cases where siblings are placed and
				  adopted, whether separately or as a unit, each child is treated as an
				  individual with separate reimbursement for nonrecurring expenses up to the
				  maximum amount allowable for each child.
7. Reimbursement is limited to costs incurred
				  by or on behalf of adoptive parents that are not otherwise reimbursed from
				  other sources. Payments for nonrecurring expenses shall be made directly by the
				  Office of Community Services.
8.
				  When the adoption of the child involves interstate placement, the state that
				  enters into an adoption subsidy agreement will be responsible for paying the
				  nonrecurring adoption expenses of the child. In cases where there is interstate
				  placement but no agreement for other federal or state adoption assistance
				  (subsidy), the state in which the final adoption decree is issued will be
				  responsible for reimbursement of nonrecurring expenses if the child meets the
				  definition of a "child with special needs".
9. The term
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 reimbursed from other sources or
				  other funds. Other expenses which are directly related to the legal adoption of
				  a child with special needs means the costs of the adoption incurred by or on
				  behalf of the parents and for which parents carry the ultimate liability for
				  payment. Such costs may include the adoption home study, including health and
				  psychological examinations, supervision of the placement prior to finalization
				  of the adoption, transportation and the reasonable costs of lodging and food
				  for the child and/or the adoptive parents when necessary to complete the
				  placement or adoption process.