State SealARIZONA HOUSE OF REPRESENTATIVES


 

SB 1071: adoption; subsidy; review; nonrecurring expenses

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Caucus & COW

                JPS: DP 9-0-0-0

                APPROP: DP 8-0-0-5

Legend:
DCS – Department of Child Safety
Amendments – BOLD and Stricken (Committee)

Abstract

Relating to adoption subsidies and nonrecurring adoption expenses.☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note

Provisions

1.       Limits the amount paid by DCS for nonrecurring adoption expenses to $2,000 per petition, instead of $2,000 per eligible child. (Sec 2)

2.       Prohibits DCS from paying nonrecurring adoption expenses for a child and siblings or half siblings whose parental rights were terminated within 60 days of each other, unless the children are listed on the same adoption petition.  DCS is permitted to pay separately if good cause exists (determined by DCS). (Sec 2)

3.       Allows DCS to determine the frequency of reviews for adoption subsidies. (Sec 1)

4.       Makes technical changes. (Sec 1 & 2)

Current Law

A.R.S. Title 8, Ch. 1 outlines the procedures for adoption.  Articles 2 and 3 provide subsidies and cover expenses related to the adoption of children with special needs (defined in A.R.S. § 8-141). Subsidies may start when the child is placed or after the decree and vary due to the circumstances. The subsidy may continue until the child reaches 21 if specific criteria are met.  At least once a year, the subsidy amount must be reviewed by DCS to determine if it is appropriate and to consider whether it should continue or be adjusted (A.R.S. § 8-144).

Separate from the adoption subsidy, DCS may also pay up to $2,000 of nonrecurring adoption expenses. A.R.S. § 8-161 defines nonrecurring adoption expenses as:

"…reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child with special needs 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, meet federal requirements and are not reimbursed by other sources."

Expenses must be submitted within nine months of the final adoption decree and exclusions are outlined in statute. As with the adoption subsidy program, a person who is denied may appeal through the administrative process. 

Additional Information

Information about the DCS budget and adoption subsidy payments can be found here.

 

 

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Fifty-third Legislature                  SB 1071

Second Regular Session                               Version 3: Caucus & COW

 

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