Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart C - Administration and Fiscal Management › Article II - County-Administered Services › Chapter 3140 - PLANNING AND FINANCIAL REIMBURSEMENT REQUIREMENTS FOR COUNTY CHILDREN AND YOUTH SOCIAL SERVICE PROGRAMS › Subchapter C - ADOPTION ASSISTANCE › Section 3140.203 - Adoption assistance agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(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.