As used in this subchapter, unless the context otherwise requires:
(1) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(2) "Department" means the District of Columbia Department of Human Services.
(3) "Residence state" means the state where the child is living.
(4) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a Territory or Possession of or administered by the United States.
(June 27, 2000, D.C. Law 13-136, § 401, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 13-136, the "Adoption and Safe Families Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-214, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 31, 2000, it was assigned Act No. 13-315 and transmitted to both Houses of Congress for its review. D.C. Law 13-136 became effective on June 27, 2000.
Complementary Legislation
Ala.--Code 1975, §§ 26-10B-1 to 26-10B-10.
Ark.--A.C.A. § 9-29-301.
Colo.--West's C.R.S.A. §§ 24-60-2401 to 24-60-2405.
Conn.--C.G.S.A. § 17a-116d.
Del.--31 Del.C. §§ 5401 to 5406.
D.C.--D.C. Official Code, 2001 Ed. §§ 4-321 to 4-328.
Fla.--West's F.S.A. §§ 409.406, 409.407.
Hawaii--H R S §§ 350C-1 to 350C-7.
Idaho--I.C. §§ 39-7501 to 39-7505.
Ill.--S.H.A. 45 ILCS 17/5-1 to 17/5-99.
Ind.--West's A.I.C. 31-19-29-1 to 31-19-29-6.
Iowa--I.C.A. § 600.23.
Kan.--K.S.A. 38-335 to 38-340.
La.--LSA-Ch.C. arts. 1601 to 1607.
Maine--22 M.R.S.A. §§ 4171 to 4176.
Md.--Code, Family Law, §§ 5-4A-01 to 5-4A-08.
Miss.--Code 1972, §§ 93-17-101 to 93-17-109.
Mo.--V.A.M.S. §§ 453.500, 453.503.
Nev.--N.R.S. 127.400 to 127.420.
N.H.--RSA 126-D:1 to 126-D:7.
N.M.--NMSA 1978, §§ 40-7B-1 to 40-7B-6.
N.C.--G.S. §§ 7B-3900 to 7B-3906.
N.D.--NDCC 50-28-01 to 50-28-05.
Okl.--10 Okl.St.Ann. §§ 7510-3.1 to 7510-3.3.
Ore.--ORS 417.090 to 417.105.
R.I.--Gen.Laws. 1956, §§ 15-7.1-1 to 15-7.1-4.
S.C.--Code 1976, §§ 63-9-2000 to 63-9-2050.
Tenn.--T.C.A. §§ 36-1-201 to 36-1-206.
Tex.--V.T.C.A., Family Code §§ 162.201 to 162.206.
U.S.--42 U.S.C.A. § 670 et seq.
Va.--Code 1950, §§ 63.2-1401 to 63.2-1405.
W.Va.--Code, 49-2C-1 to 49-2C-4.
The Council of the District of Columbia finds that:
(1) Finding adoptive families for children, for whom state assistance is desirable pursuant § 4-301, and assuring the protection of the interests of children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
(June 27, 2000, D.C. Law 13-136, § 402, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
The purposes of this subchapter are to:
(1) Provide procedures for interstate children's adoption assistance payments, including medical payments; and
(2) Authorize the Mayor to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the District.
(June 27, 2000, D.C. Law 13-136, § 403, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
(a) A child with special needs who is resident in the District and who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from the District upon the filing with the Department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
(b) The Department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of the District and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(c)(1) The Department shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the Department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefore. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents.
(2) The additional coverage and benefit amounts provided pursuant to this subsection shall be for the cost of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state.
(3) The Mayor shall make regulations implementing this subsection. The regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(d) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine not to exceed $10,000 or imprisonment for not to exceed 30 days, or both. A violation of this subsection shall be prosecuted by the Corporation Counsel of the District of Columbia.
(e) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with the District under which the other state provided medical assistance to children with special needs under adoption assistance agreements made by the District. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by the District shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
(June 27, 2000, D.C. Law 13-136, § 404, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4(c) of Adoption and Safe Families Compliance Temporary Amendment Act of 2000 (D.C. Law 13-193, October 21, 2000, law notification 47 DCR 8983).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 4(c) of the Adoption and Safe Families Compliance Emergency Amendment Act of 1999 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).
For temporary (90 day) amendment of section, see § 4(c) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).
For temporary (90 day) amendment of section, see § 4(c) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
The Mayor is authorized to develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of the District with other states to protect children on behalf of whom adoption assistance is being provided by the District and to provide procedures for interstate children's adoption assistance payments, including medical payments. When so entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.
(June 27, 2000, D.C. Law 13-136, § 405, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
A compact entered into pursuant to the authority conferred by this subchapter shall have the following content:
(1) A provision making it available for joinder by all states.
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal.
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
(June 27, 2000, D.C. Law 13-136, § 406, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
A compact entered into pursuant to this subchapter may contain the following provisions in addition to those required pursuant to § 4-326.
(1) Provisions establishing procedures for and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2) Any other provisions as may be appropriate or incidental to the proper administration of the compact.
(June 27, 2000, D.C. Law 13-136, § 407, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
Consistent with federal law, the Department, in connection with the administration of this subchapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(E) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The Department shall apply for and administer all relevant federal aid in accordance with law.
(June 27, 2000, D.C. Law 13-136, § 408, 47 DCR 2850.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-136, see notes following § 4-321.
