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8.2B.5 TITLE IV-E, Adoption Assistance Program, Independent Adoptions

Items with a star (*) and gray background have been modified from previous record.

Question Number 1:
07/20/2006 - Current
QuestionIs a child who is the subject of an independent adoption eligible for title IV-E adoption assistance?
Answer*We consider an independent adoption one in which the child is not under the responsibility of a public or private adoption agency. It is highly improbable that a child who is adopted through an independent adoption will be eligible for title IV-E adoption assistance since many of these children are voluntarily relinquished at birth directly to an adoptive family. Children who are voluntarily relinquished are eligible only in certain limited circumstances and only when they are relinquished to the State child welfare agency or another public agency (including Tribes) with which the State agency has a title IV-E agreement. The only exceptions are: (1) a child who meets the eligibility criteria for Supplemental Security Income, and (2) a child in a subsequent adoption, under specific circumstances, if s/he received title IV-E adoption assistance in a previous adoption. If the State determines that such child is a child with special needs, consistent with section 473(c) of the Act, the State may not apply any further requirements or restrictions to the child's eligibility for title IV-E adoption assistance.
Source/Date*ACYF-CB-PA-01-01 (1/23/01); 7/17/2006
Legal and Related References*Social Security Act - sections 473(a)(2) and 473(c); The Deficit Reduction Act of 2005

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02/19/2001 - 07/20/2006 (Original Record)
QuestionIs a child who is the subject of an independent adoption eligible for title IV-E adoption assistance?
AnswerWe consider an independent adoption one in which the child is not under the responsibility of a public or private adoption agency. It is highly improbable that a child who is adopted through an independent adoption will be eligible for title IV-E adoption assistance since many of these children are voluntarily relinquished at birth directly to an adoptive family. Children who are voluntarily relinquished are eligible only in certain limited circumstances and only when they are relinquished to the State child welfare agency or another public agency (including Tribes) with which the State agency has a title IV-E agreement. The only exceptions are: (1) a child who is eligible for Supplemental Security Income at the time the adoption petition is filed; and (2) a child in a subsequent adoption, under specific circumstances, if s/he received title IV-E adoption assistance in a previous adoption. If the State determines that such child is a child with special needs, consistent with section 473(c) of the Act, the State may not apply any further requirements or restrictions to the child''s eligibility for title IV-E adoption assistance.
Source/DateACYF-CB-PA-01-01 (1/23/01)
Legal and Related ReferencesSocial Security Act - sections 473(a)(2) and 473(c)

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