Current through Register Vol. 54, No. 35, August 31, 2024
Section 3140.202 - Child eligibility(a) The county children and youth social service agency (county agency) is the sole authority for certifying a child's eligibility for adoption assistance.(b) The county agency shall certify for adoption assistance children whose placement goal is adoption and who meet the following requirements:(1) The child is 17 years of age or younger.(2) Parental rights have been terminated under 23 Pa.C.S. Part III (relating to the Adoption Act).(3) The child is in the legal custody of the county agency or another agency approved by the Department.(4) The child shall have at least one of the following characteristics: (i) A physical, mental or emotional condition or handicap.(ii) A genetic condition which indicates a high risk of developing a disease or handicap.(iii) Be a member of a minority group.(iv) Be a member of a sibling group.(v) Be 5 years of age or older.(c) Prior to certification for adoption assistance, the county agency shall make reasonable efforts to find an adoptive home without providing adoption assistance. Evidence of this effort shall be recorded in the case record and include registration with the Department's adoption exchange for at least 3 months.(d) If it would be against the best interests of the child because of factors, such as the existence of significant emotional ties with prospective adoptive parents while in the care of the parents as a foster child, the requirement of subsection (c) does not apply.The provisions of this §3140.202 amended January 23, 1987, effective 7/23/1987, 17 Pa.B. 392; amended October 26, 1990, effective immediately and apply retroactively to July 30, 1988, 20 Pa.B. 5437.The provisions of this §3140.202 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§ 201-211, 701-774, 901-922 and 1001-1080).
This section cited in 55 Pa. Code § 3140.205 (relating to eligibility for Federal financial participation).