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8.2D.5  TITLE IV-E, Adoption Assistance Program, Payments, Termination

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Question 1.  
Under what circumstances may the State agency terminate an adoption assistance agreement?

Question 2.  
Section 473(a)(4)(B) of the Social Security Act states that no adoption assistance payment can be made, "to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents." When is a parent considered to be "no longer legally responsible for support" or not providing "any support" for the child?

Question 3.  
Can a State agency automatically suspend the adoption assistance payment for the duration of an adopted child's placement in foster care? The State agency would reinstate the payment upon the child's return home.

Question 4.  
Is it permissible for a State to include a statement in the title IV-E adoption assistance agreement to the effect that "The Department┐s obligation to provide for Federally funded adoption assistance payments and/or services is subject to the appropriation of State funds"?



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