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8.2B.11  TITLE IV-E, Adoption Assistance Program, Eligibility, Special needs

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Question 1.  
 Please explain the requirements for special needs determinations for a child who is not an "applicable" child.

Question 2.  
 In establishing title IV-E eligibility for adoption assistance, is termination of parental rights the only mechanism for demonstrating that a child cannot or should not be returned home?

Question 3.  
 In determining whether an applicable child who is a special needs child is eligible for title IV-E adoption assistance through the Supplemental Security Income (SSI) pathway, may a title IV-E agency make the determination that the child meets the medical or disability requirements for SSI benefits? (See section 473(a)(2)(A)(ii)(I)(bb) of the Social Security Act).

Question 4.  
 An applicable child must meet sections 473(c)(2)(A), (B) and (C) of the Social Security Act (the Act) in order to be considered a child with special needs for the adoption assistance program. Must a title IV-E agency's definition of a child with special needs include the criteria in section 473(c)(2)(B)(ii) of the Act that the applicable child meets all the medical or disability requirements of title XVI?



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