The non‑recurring expenses of a person who adopts a child with special needs shall be reimbursed up to the maximum allowable amount based on the following criteria:

(1)           The child cannot or should not be returned to the home of his or her parents.

(2)           The child has been determined by a county department of social services to have special needs due to one or more of the following:

(a)           a physical, mental, or emotional disability, or high risk factor for such due to background history; or

(b)           is a member of a sibling group being placed together.

(3)           Reasonable but unsuccessful efforts have been made to place the child into an adoptive home without providing adoption assistance, except when the department determines it would be against the best interests of the child to seek a family other than the one with which he or she has been living as a foster child and with whom he or she has established significant emotional ties.

(4)           On or before entry of the Decree of Adoption, a written agreement concerning reimbursement of non‑recurring costs is entered into between a county department of social services and a person who adopts a child with special needs.


History Note:        Authority G.S. 108A‑49; 108A‑50; 143B‑153; 42 U.S.C. 673;

Eff. July 1, 1991;

Amended Eff. March 1, 2017.