NAC127.495. Financial assistance by agency to prospective adoptive parents.

     1. An agency which provides child welfare services may provide financial assistance to the prospective adoptive parent of a child with special needs if another prospective adoptive family who would be able to provide for the child without the assistance of the agency cannot be found.

     2. An agency which provides child welfare services may, before the adoption of a child with special needs who is in the custody of the agency is finalized, provide financial and medical assistance to the prospective adoptive parent pursuant to NAC 424.460 upon the placement of that child in the prospective adoptive home.

     3. A prospective adoptive parent who will require financial assistance to care for a child with special needs after the adoption of that child is finalized must submit his or her request for that assistance in writing on a form provided by the agency which provides child welfare services before the adoption is finalized. If the prospective adoptive parent is seeking reimbursement for nonrecurring expenses, verification of the costs incurred must be submitted. To receive this assistance, the prospective adoptive parent must enter into a written agreement with the agency which provides child welfare services that states the terms of the assistance to be provided.

     4. Financial assistance may be in the form of:

     (a) A cash payment in an amount which is no greater than the rate of payment for foster care which is currently being paid or which would be paid if that child were placed into foster care which, when combined with the resources of the prospective adoptive parents, is sufficient to cover the ordinary and special needs of the child;

     (b) Payment to reimburse the prospective adoptive parent for nonrecurring expenses incurred in connection with the adoption; or

     (c) Any combination of paragraphs (a) and (b).

     5. An agency which provides child welfare services may provide medical assistance to the adoptive parents of a child with special needs if that family is eligible to receive adoption assistance for that child pursuant to NAC 127.505 or 42 U.S.C. §§ 1396 et seq.

     6. An agreement as to the terms of the assistance to be provided by the agency which provides child welfare services must be signed by all interested parties to the agreement before the adoption is finalized.

     7. The agency which provides child welfare services shall review annually with the adoptive parent any agreement that it enters into pursuant to this section to determine whether assistance should be renewed, reduced or terminated.

     8. If an application for financial aid is denied, or assistance is reduced or modified, the agency which provides child welfare services shall advise the adoptive parent in writing of the decision, including the reason for the action and information on how the adoptive parent may appeal the decision. The notification must include the reasons for the denial, reduction or termination, as appropriate. The notification must be mailed by registered or certified mail, return receipt requested.

     9. If the adoptive parent of a child with special needs does not have an agreement with the agency which provides child welfare services for payments pursuant to this section and the adoptive parent reasonably believes that the child with special needs is eligible for assistance pursuant to this section, the adoptive parent may appeal to the agency for assistance. Such an appeal must be made pursuant to the provisions of NAC 127.500.

     (Added to NAC by Div. of Child & Fam. Services, eff. 5-14-96; A by R056-02, 7-30-2002)—(Substituted in revision for NAC 127.340)