Assigned to HHS & APPROP FOR
COMMITTEE
Assigned to HHS & APPROP FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
adoption; subsidy; review; nonrecurring expenses
Purpose
Prohibits the Department of Child Safety (DCS) from paying nonrecurring adoption expenses for a child and all siblings or half-siblings adopted by the same parent, whose parent's rights were terminated within 60 days of each other, with certain exceptions. Eliminates the requirement that adoption subsidy agreements be reviewed at least annually.
Background
The Adoption Subsidy Program, administered by DCS, was established in 1975 for children who otherwise may not be adopted because of special needs or circumstances. Adoption subsidies are funded through a combination of federal funding and state General Fund appropriations. Prospective adoptive parents may apply for adoption subsidies through DCS, and families that receive a subsidy must enter into a subsidy agreement with DCS before a final decree of adoption is issued. Adoption subsidies can take the form of a monthly payment to adoptive parents or payment for special services, including health care services for children who are not covered by private insurance or other public resources such as the Arizona Health Care Cost Containment System. The amount of the adoption subsidy is dependent upon the needs of the adopted child and the availability of other resources. Adoption subsidy agreements are reviewed at least once per year to determine the need for continuing or adjusting the subsidy amount.
Parents who have adopted a child with special needs can apply to DCS for reimbursement of nonrecurring adoption expenses such as adoption fees, court costs, attorney fees, and other expenses directly related to the legal process of adopting a child with special needs (A.R.S. § 8- 161). If the reimbursement application is approved by DCS, the parents are eligible to receive a one-time reimbursement, capped at $2,000 per child. Reimbursement applications for nonrecurring adoption expenses must be submitted no later than nine months after an adoption is final.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits DCS from paying nonrecurring adoption expenses for a child and any siblings or half-siblings adopted by the same parent, and whose parent's rights were terminated within 60 days of each other, except in cases where the child and siblings or half-siblings are on the same adoption petition or if DCS makes a good cause determination.
2. Removes the requirement that adoption subsidy agreements be reviewed at least annually and authorizes DCS to determine periodic review frequencies.
3. Caps the nonrecurring adoption expense reimbursement rate at $2,000 per adoption petition, rather than per eligible child.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 12, 2018
CS/lat