North Carolina § 108A-49 - Foster care and adoption assistance payments.

§ 108A-49. Foster care and adoption assistance payments.

Benefits in the form of foster care assistance shall be granted in accordance with the rules of the Social Services Commission to any dependent child who would have been eligible to receive Aid to Families with Dependent Children (as that program was in effect on June 1, 1995), but for his or her removal from the home of a specified relative for placement in a foster care facility; provided, that the child's placement and care is the responsibility of a county department of social services. A county department of social services shall pay, at a minimum, the monthly graduated foster care assistance payments for eligible children as set by the General Assembly. A county department of social services may make foster care assistance payments in excess of the monthly graduated rates set by the General Assembly. Adoption assistance payments for certain adoptive children shall be granted in accordance with the rules of the Social Services Commission to adoptive parents who adopt a child eligible to receive foster care maintenance payments or supplemental security income benefits; provided, that the child cannot be returned to his or her parents; and provided, that the child has special needs which create a financial barrier to adoption. A county department of social services shall pay, at a minimum, the monthly graduated adoption assistance payments for eligible children as set by the General Assembly. A county department of social services may make adoption assistance payments in excess of the monthly graduated rates set by the General Assembly. The Department is authorized to use available federal payments to states under Title IV-E of the Social Security Act for foster care and adoption assistance payments. Except as otherwise prohibited by federal law, the Department of Health and Human Services, Division of Social Services, shall not require a redetermination of a child's eligibility for vendor payments under any adoption assistance agreement established prior to July 1, 2011. Nothing in this subsection shall make vendor assistance an entitlement. If all other eligibility criteria are met, adoption assistance payments may continue until the beneficiary reaches the age of 21 if the beneficiary was adopted after reaching the age of 16 but prior to reaching the age of 18. History (1981, c. 275, s. 1; 1997-443, s. 12.10; 1999-190, s. 3; 2011-383, s. 1; 2015-241, s. 12C.9(b).) Cross References. - As to rules on vendor payments, see 10 N.C.A.C. 70M.0401 et seq. Foster Care and Adoption Assistance Payments. - Session Laws 2009-451, s. 10.45(a)-(f), provides: "The maximum rates for State participation in the foster care assistance program are established on a graduated scale as follows: "(1) $475.00 per child per month for children aged birth through 5; "(2) $581.00 per child per month for children aged 6 through 12; and "(3) $634.00 per child per month for children aged 13 through 18. "The maximum rates for the State adoption assistance program are established consistent with the foster care rates as follows: "(1) $475.00 per child per month for children aged birth through 5; "(2) $581.00 per child per month for children aged 6 through 12; and "(3) $634.00 per child per month for children aged 13 through 18. "In addition to providing board payments to foster and adoptive families of HIV-infected children, as prescribed in Section 23.28 of Chapter 324 of the 1995 Session Laws, any additional funds remaining that were appropriated for this purpose shall be used to provide medical training in avoiding HIV transmission in the home. "The maximum rates for the State participation in HIV foster care and adoption assistance are established on a graduated scale as follows: "(1) $800.00 per child per month with indeterminate HIV status; "(2) $1,000 per child per month confirmed HIV-infected, asymptomatic; "(3) $1,200 per child per month confirmed HIV-infected, symptomatic; and "(4) $1,600 per child per month terminally ill with complex care needs. "The State and a county participating in foster care and adoption assistance shall each contribute fifty percent (50%) of the nonfederal share of the cost of care for a child placed by a county department of social services or child placing agency in a family foster home or residential child care facility. A county shall be held harmless from contributing fifty percent (50%) of the nonfederal share of the cost for a child placed in a family foster home or residential child care facility under an agreement with that provider as of October 31, 2008, until the child leaves foster care or experiences a placement change. "The Department of Health and Human Services may establish foster care and adoption assistance rates based on the United States Department of Agriculture (USDA) 'Expenditures on Children by Families' index subject to State appropriations for each fiscal year." For prior similar provisions, see Session Laws 2007-3123, s. 10.29(a)-(g), as amended by Session Laws 2008-107, s. 10. Editor's Note. - Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5 is a severability clause. Session Laws 2011-383, s. 1, effective June 27, 2011, was codified as subsection (d) of this section at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 12C.9( l ), made subsection (e) of this section, as added by Session Laws 2015-241, s. 12C.9(b), effective January 1, 2017. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 12C.9(b), effective January 1, 2017, added subsection (e).