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H.B. 297

             1     

FUNDING OF ADOPTION SUPPORT

             2     
SERVICES

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Nora B. Stephens

             6      AN ACT RELATING TO THE DIVISION OF CHILD AND FAMILY SERVICES; REQUIRING
             7      THE DIVISION TO REPORT ON THE FUNDING OF SERVICES TO ADOPTED CHILDREN
             8      PREVIOUSLY IN THE CUSTODY OF THE STATE AND THEIR ADOPTIVE FAMILIES.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          62A-4a-108, as renumbered and amended by Chapter 260, Laws of Utah 1994
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 62A-4a-108 is amended to read:
             14           62A-4a-108. Adoption assistance agreements.
             15          (1) As used in this section:
             16          (a) "Adoption assistance" means financial support to adoptive parents provided under the
             17      Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and
             18      Title XIX of the Social Security Act.
             19          (b) "Adoption assistance agreement" means a written agreement between the division and
             20      adoptive parents, or between any other state and adoptive parents, providing for adoption
             21      assistance.
             22          (2) The division may develop and negotiate interstate compacts for the provision of
             23      medical identification and assistance to adoptive parents who receive adoption assistance. An
             24      interstate compact shall include:
             25          (a) a provision for joinder by all states;
             26          (b) a provision for withdrawal from the compact upon written notice to the parties, with
             27      a period of one year between the date of the notice and the effective date of withdrawal;


             28          (c) a requirement that each instance of adoption assistance to which the compact applies
             29      be covered by a written adoption assistance agreement between the adoptive parents and the
             30      agency of the state which initially agrees to provide adoption assistance, and that any agreement
             31      is expressly for the benefit of the adopted child and is enforceable by the adoptive parents, and by
             32      the state agency providing adoption assistance;
             33          (d) a provision that a child who is the subject of an adoption assistance agreement with
             34      another party state, and who subsequently becomes a resident of this state, shall receive medical
             35      identification and assistance in this state under the Adoption Assistance and Child Welfare Act of
             36      1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on
             37      his adoption assistance agreement;
             38          (e) a provision that a child who is the subject of an adoption assistance agreement with the
             39      division, and who subsequently becomes a resident of another party state, shall receive medical
             40      identification and assistance from that state under the Adoption and Child Welfare Act of 1980,
             41      Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on his
             42      adoption assistance agreement; and
             43          (f) a requirement that the protections of the compact continue for the duration of the
             44      adoption assistance and apply to all children and their adoptive parents who receive adoption
             45      assistance from a party state other than the state in which they reside.
             46          (3) The division shall provide services to a child who is the subject of an adoption
             47      assistance agreement executed by the division, and who is a resident of another state, if those
             48      services are not provided by the child's residence state under an interstate compact. The division
             49      may reimburse the adoptive parents upon receipt of evidence of their payment for services for
             50      which the child is eligible, which were not paid by the residence state, and are not covered by
             51      insurance or other third party medical contract. The services provided under this subsection are
             52      those for which there is no federal contribution, or which, if federally aided, are not provided by
             53      the residence state.
             54          (4) No later than h [ July ] October 1 h 1999, the division shall report to the Legislative
             54a      Health and Human
             55      Services Interim Committee on the funding of services to families that have adopted a child who
             56      was previously in the custody of the state. That report shall:
             57          (a) describe services, including financial assistance, that have been provided with state
             58      monies;


             59          (b) identify mechanisms for ensuring that adequate funding is available for services to the
             60      child and the adoptive family until the child reaches 18 years of age;
             61          (c) include a review of methods used by other states to ensure funding of on-going support
             62      of adopted children and their adoptive families;
             63          (d) identify any known instances where the division has been unable to provide reasonable
             64      levels of service because of a lack of state funds; and
             65          (e) include other recommendations by the division.




Legislative Review Note
    as of 2-12-99 10:09 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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