ENGROSSED

COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 571

(By Senator Wiedebusch)

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[Originating in the Committee on Finance;

reported March 31, 1993.]

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A BILL to amend article two, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to payment of nonrecurring adoption expenses; defining terms; establishment and administration of program; setting forth the application procedure; requiring a reimbursement agreement; setting a maximum reimbursement; setting a deadline for claims for reimbursement; and specifying nonrecurring adoption expenses not subject to reimbursement.

Be it enacted by the Legislature of West Virginia:
That article two, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eighteen, to read as follows:
ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE
OF CHILDREN.
§49-2-18. Nonrecurring adoption expenses.

(a) As used in this section:
(1) "Child" means a person under the age of eighteen years who is adopted in this state or placed for adoption from this state.
(2) "Department" means the department of health and human resources.
(3) "Nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child of special circumstances including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which are incurred to complete the adoption process. The expenses must meet federal requirements and not be reimbursed by other sources.
(4) "Special circumstances" means that the child has established emotional ties with prospective adoptive parents while in their care or is not likely to be adopted by reason of one or more of the following conditions:
(A) The child has a physical or mental disability;
(B) The child is emotionally disturbed;
(C) The child is older in age;
(D) The child is part of a sibling group;
(E) The child is a member of a racial or ethnic minority; or
(F) The child has any combination of these conditions.
(b) The department shall establish and administer a program of payment for nonrecurring adoption expenses. Nonrecurring adoption expenses shall be provided from moneys appropriated to the department or made available to it from other sources.
(c) An adoptive parent involved in the adoption of a child of special circumstances may apply to the department for reimbursement of nonrecurring adoption expenses directly associated with that adoption.
(d) To be eligible for reimbursement, the application shall document the following:
(1) The child cannot or should not be returned to the home of his or her parents;
(2) The needs of the child require financial assistance in order to place that child with the adoptive parents; and
(3) Except where it would be against the best interest of the child, previous adoption attempts have been made without financial assistance and were unsuccessful.
(e) Upon approval of the application, the department and the prospective adoptive parents shall enter into an agreement regarding the reimbursement of nonrecurring adoption expenses. The agreement shall be signed by both parties prior to the final adoption decree.
(f) Reimbursement for nonrecurring adoption expenses is limited to a maximum of two thousand dollars for reasonable and necessary costs actually incurred that are not reimbursable from another source.
(g) Adoptive parents shall file all claims for nonrecurring adoption expenses within nine months of the final adoptiondecree.
(h) Nonrecurring adoption expenses not subject to reimbursement include, but are not limited to, family counseling received prior to the final decree or one-time cost associated with physical remodeling, renovation or alteration of the adoptive parents' home or property.