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42 U.S. Code § 673. Adoption and guardianship assistance program
(a) Agreements with adoptive parents of children with special needs; State payments; qualifying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses
(1)
(A)
Each State having a plan approved under this part shall enter into adoption assistance agreements (as defined in section 675(3) of this title) with the adoptive parents of children with special needs.
(B) Under any adoption assistance agreement entered into by a State with parents who adopt a child with special needs, the State—
(i)
shall make payments of nonrecurring adoption expenses incurred by or on behalf of such parents in connection with the adoption of such child, directly through the State agency or through another public or nonprofit private agency, in amounts determined under paragraph (3), and
(ii)
in any case where the child meets the requirements of paragraph (2), may make adoption assistance payments to such parents, directly through the State agency or through another public or nonprofit private agency, in amounts so determined.
(2)
(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if—
(i) in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)
(aa)
(AA)
was removed from the home of a relative specified in section 606(a) of this title (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 674 of this title (or section 603 of this title, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
(BB)
met the requirements of section 672(a)(3) of this title with respect to the home referred to in subitem (AA) of this item;
(bb)
meets all of the requirements of subchapter XVI with respect to eligibility for supplemental security income benefits; or
(cc)
is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as provided in section 675(4)(B) of this title; and
(II)
has been determined by the State, pursuant to subsection (c)(1) of this section, to be a child with special needs; or
(ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child—
(I)
(aa) at the time of initiation of adoption proceedings was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to—
(AA)
an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB)
a voluntary placement agreement or voluntary relinquishment;
(bb)
meets all medical or disability requirements of subchapter XVI with respect to eligibility for supplemental security income benefits; or
(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to—
(AA)
an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB)
a voluntary placement agreement or voluntary relinquishment; and
(II)
has been determined by the State, pursuant to subsection (c)(2), to be a child with special needs.
(B)
Section 672(a)(4) of this title shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section.
(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if—
(i) in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)
meets the requirements of subparagraph (A)(i)(II);
(II)
was determined eligible for adoption assistance payments under this part with respect to a prior adoption;
(III) is available for adoption because—
(aa)
the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or
(bb)
the child’s adoptive parents have died; and
(IV) fails to meet the requirements of subparagraph (A)(i) but would meet such requirements if—
(aa)
the child were treated as if the child were in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments under this part; and
(bb)
the prior adoption were treated as never having occurred; or
(ii)
in the case of a child who is an applicable child for the fiscal year (as so defined), the child meets the requirements of subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died.
(D)
In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 671(a)(28) of this title, the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.