MARVIN MANDEL, Governor                             1523

FUNDED, TO THE EXTENT POSSIBLE, OUT OF SAVINGS GAINED

DURING EACH FISCAL YEAR BY THE DEPARTMENT OF HEALTH AND

MENTAL HYGIENE AND THE DEPARTMENT OF HUMAN RESOURCES,

WHICH SAVINGS ARE ATTRIBUTABLE TO SUBSIDIZED ADOPTIONS

OCCURRING IN THAT YEAR AND OUT OF APPROPRIATIONS TO THE
DEPARTMENT OF HUMAN RESOURCES FOR THE ADOPTION SUBSIDY
PROGRAM.

88D.

[[ELIGIBILITY. WHENEVER IT APPEARS THAT A CHILD
UNDER PUBLIC OR VOLUNTARY AGENCY CARE, LEGALLY FREE AND
IN NEED OF ADOPTIVE PLACEMENT SHOULD BE ADOPTED ONLY BY
FOSTER PARENTS WITH WHOM EMOTIONAL TIES HAVE BEEN
ESTABLISHED OR THAT IN VIEW OF SPECIAL CIRCUMSTANCES NO
APPROPRIATE FAMILY CAN BE FOUND WITHOUT THE USE OF
SUBSIDY, AN APPLICATION MAY BE MADE TO THE SOCIAL
SERVICES ADMINISTRATION TO CERTIFY THE CHILD AS ELIGIBLE
FOR SUBSIDY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE ADOPTIVE FAMILY'S INCOME SHALL NOT BE A FACTOR IN
DETERMINING ELIGIBILITY FOR SUCH SUBSIDY. EVIDENCE OF
INABILITY TO PLACE DUE TO SPECIAL CIRCUMSTANCES SHALL BE
SUBMITTED WITH THE APPLICATION. IT SHALL SHOW THAT ALL
REASONABLE EFFORTS HAVE BEEN MADE TO PLACE WITHOUT
SUBSIDY INCLUDING USE OF ADOPTION RESOURCE EXCHANGES,
RECRUITMENT EFFORTS, AND REFERRAL TO ANY APPROPRIATE
SPECIALIZED ADOPTION AGENCY.]] NO CHILD SHALL BE DENIED
THE SUBSIDY BECAUSE THE CHILD HAD A PREEXISTING CONDITION
WHICH WAS NOT DISCOVERED OR KNOWN AT THE TIME OF THE
ADOPTION, AND THIS SHALL BE APPLICABLE AS WELL TO ALL
CHILDREN ADOPTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT
AND THOSE ADOPTED THEREAFTER.[[ ]] ]] AN INDIVIDUAL WHO
HAS BEEN APPROVED BY A PUBLIC OR PRIVATE ADOPTION AGENCY
AS AN APPROPRIATE ADOPTIVE PARENT, AND WHO SEEKS ADOPTION

OF A CHILD MEETING ONE OR MORE OF THE CRITERIA SPECIFIED

IN SECTION 88A AND EACH OF THOSE SPECIFIED IN SECTION

88B, SHALL BE ELIGIBLE TO RECEIVE A SUBSIDY WITHOUT

REGARD TO FAMILY INCOME OR OTHER__ELIGIBILITY FACTORS.

APPLICATION FOR THE SUBSIDY SHALL BE FILED WITH THE LOCAL
DEPARTMENT OF SOCIAL SERVICES BY THE PROSPECTIVE ADOPTIVE

PARENT AND SHALL HAVE APPENDED THERETO EVIDENCE OF

INABILITY TO PLACE THE CHILD WITH AN APPROPRIATE FAMILY
DUE TO ONE OR MORE OF THE SPECIAL CIRCUMSTANCES LISTED IN
SECTION 88A. IT SHALL SHOW THAT ALL REASONABLE EFFORTS

HAVE BEEN MADE TO PLACE THE CHILD WITHOUT SUBSIDY.

HOWEVER, WITH RESPECT TO A CHILD WHO HAS ESTABLISHED
EMOTIONAL TIES WITH A FOSTER FAMILY, NO PROOF OF EFFORTS

TO FIND PLACEMENT WITH ANOTHER FAMILY SHALL BE REQUIRED

OF THE FOSTER FAMILY APPLYING FOR THE SUBSIDY.

88E.

SUBSIDY AGREEMENT.

(A) WHEN PARENTS ARE FOUND AND APPROVED FOR
ADOPTION OF A CHILD IN NEED OF SUBSIDY, THERE SHALL BE A
WRITTEN AGREEMENT BETWEEN THE FAMILY ENTERING INTO