10A NCAC 70M .0402     ELIGIBILITY REQUIREMENTS FOR regular monthly cash assistance payments or VENDOR PAYMENTS

(a)  The child shall meet the following eligibility criteria:

(1)           The child is legally clear for adoption, or was legally adopted;

(2)           The child is, or was, the placement responsibility of a North Carolina agency authorized to place children for adoption at the time of adoptive placement;

(3)           The child has special needs that create a financial barrier to adoption; or the child was legally adopted and the child's special needs, though pre-existing, were detected after the adoption has been finalized and if known would have created a financial barrier to adoption;

(4)           Reasonable but unsuccessful efforts have been made to place the child for adoption without the benefits of adoption assistance;

(5)           The child is under 18 years of age; and was adopted after reaching the age of 16 but prior to reaching the age of 18;

(6)           The child may continue to receive adoption assistance payments after his or her 18th birthday until his or her 21st birthday if an adoption assistance agreement was entered into on or after his or her 16th birthday and meets any of the following conditions:

(A)          Completing secondary education or a program leading to an equivalent credential;

(B)          Enrolled in an institution that provides post-secondary or vocational education;

(C)          Participating in a program or activity designed to promote or remove barriers to employment;

(D)          Employed for at least 80 hours per month; or

(E)           Is incapable of doing any of the previously described educational or employment activities due to a medical condition or disability.

(b)  In order for the child to receive regular monthly cash assistance payments, the adoptive parents must have entered into an agreement with the child's agency prior to entry of the Decree of Adoption. The agreement shall have set forth the respective responsibilities of the agency and the adoptive parents during the time of the child's eligibility for this assistance.

(c)  A child's eligibility for vendor payments shall further be determined on the basis of documentation of a known and diagnosed medical, mental, or emotional condition that will require periodic treatment or therapy of a medical or remedial nature.

A child's eligibility for vendor payments may be determined by the agency administering adoption assistance benefits at any time during the child's minority if the medical, mental, or emotional condition, congenital problem, birth injury, or other documented problem is determined to have been pre‑existing at the time of his or her placement into an adoptive home. Prior to the child's receipt of vendor payments, the adoptive parents must enter into an agreement with the child's agency to indicate the extent to which they desire the child to participate in this component of the program.

(d)  North Carolina residency of the child and adoptive parents is not a requirement for the child to be eligible to receive regular monthly cash assistance payments or vendor payments.


History Note:        Authority G.S. 48-1-101; 108A-48; 108A-49; 108A-50; 143B‑153;

Eff. July 1, 1982;

Amended Eff. March 1, 2017; July 18, 2002; July 1, 1991; March 1, 1990.