Can cases where the child is placed in the district custody of a non-relative who seeks adoption be found eligible for Title IV-E Adoption Assistance?
Answer 19: Social service districts may be directed by the court to proceed with a termination of parental rights proceeding against the child’s biological parent. The legal issue with these cases is that the child would not satisfy the definition of a “child” for adoption subsidy purposes, as set forth in section 451(1) of the Social Services Law. If the child is not in the custody and guardianship of an authorized agency or a certified or approved foster parent or is in the custody of an authorized agency when such child’s parent(s) are deceased, the child would not be eligible for an adoption subsidy. In this situation, because the child is in the direct legal custody of the non-relative who is not functioning as a certified or approved foster parent, the placement not eligible for an adoption subsidy.
Related Questions
- Can cases where the child is placed in the district custody of a non-relative who seeks adoption be found eligible for Title IV-E Adoption Assistance?
- If, in the initial removal order, a child is placed in the direct legal custody of a relative, is the child still eligible for Title IV-E funding?
- If my child was born or placed for adoption prior to July 1, 2009, am I eligible to claim bonding benefits?
