62A-4a-907 - Interstate compact adoption assistance agreements.
62A-4a-907. Interstate compact adoption assistance agreements.
(1) As used in this section:
(a) "Adoption assistance" means financial support to adoptive parents provided under theAdoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, andTitle XIX of the Social Security Act.
(b) "Adoption assistance agreement" means a written agreement between the division andadoptive parents, or between any other state and adoptive parents, providing for adoptionassistance.
(2) The division may develop and negotiate interstate compacts for the provision ofmedical identification and assistance to adoptive parents who receive adoption assistance. Aninterstate compact shall include:
(a) a provision for joinder by all states;
(b) a provision for withdrawal from the compact upon written notice to the parties, with aperiod of one year between the date of the notice and the effective date of withdrawal;
(c) a requirement that each instance of adoption assistance to which the compact appliesbe covered by a written adoption assistance agreement between the adoptive parents and theagency of the state which initially agrees to provide adoption assistance, and that any agreementis expressly for the benefit of the adopted child and is enforceable by the adoptive parents, and bythe state agency providing adoption assistance;
(d) a provision that a child who is the subject of an adoption assistance agreement withanother party state, and who subsequently becomes a resident of this state, shall receive medicalidentification and assistance in this state under the Adoption Assistance and Child Welfare Act of1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based onhis adoption assistance agreement;
(e) a provision that a child who is the subject of an adoption assistance agreement withthe division, and who subsequently becomes a resident of another party state, shall receivemedical identification and assistance from that state under the Adoption and Child Welfare Act of1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based onhis adoption assistance agreement; and
(f) a requirement that the protections of the compact continue for the duration of theadoption assistance and apply to all children and their adoptive parents who receive adoptionassistance from a party state other than the state in which they reside.
(3) (a) The division shall provide services to a child who is the subject of an adoptionassistance agreement executed by the division, and who is a resident of another state, if thoseservices are not provided by the child's residence state under an interstate compact.
(b) The division may reimburse the adoptive parents upon receipt of evidence of theirpayment for services for which the child is eligible, which were not paid by the residence state,and are not covered by insurance or other third party medical contract. The services providedunder this subsection are those for which there is no federal contribution, or which, if federallyaided, are not provided by the residence state.
Renumbered and Amended by Chapter 115, 2001 General Session