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1. N.C.G.S. § Chapter 48
Chapter 48 was written to establish a clear judicial process for adoption, to promote the integrity and finality of adoptions, to encourage prompt, conclusive disposition of adoption proceedings, and to structure services to adoptive children, biological parents, and adoptive parents that will provide for the needs and protect the interest of all parties to an adoption, particularly adopted minors.
2. N.C.G.S. § 108A-14 (6); N.C.G.S. § 131D-10.1 et. seq.
N.C.G.S. §108A-14 (6) and N.C.G.S. § 131D-10.1 et. seq. provide that county departments of social services, or their agents, are authorized to investigate cases for adoption and to supervise adoptive placements.
3. N.C.G.S. § 131D-10.1 et. seq.
N.C.G.S. § 131D-10.1 et. seq. assigns the authority to protect the health, safety and well being of children separated from or being cared for away from their families.
4. N.C.G.S. § 110-57.1 et. seq. N.C. G.S. § 7B 3800-3806
N.C.G.S. § 7B-3800-3806 provides guidelines for the interstate placement of children for adoption governed by the Interstate Compact on the Placement of Children,
5. N.C.G.S. § 108A-49; and N.C.G.S. §108A-50
N.C.G.S. § 108A-49 and N.C.G.S. § 108A-50 provides guidance for adoption assistance for certain eligible children.
1. 10A NCAC 70C Interstate Laws
Provides guidelines for the placement of children across state lines.
2. 10A NCAC 70H Child-Placing Agencies: Adoption
Provides guidelines for the organization and operation of an adoption child-placing agency.
3. 10A NCAC 70M Adoption Standards
Establishes adoption standards for county departments of social services in providing mandated adoption services.
1. PL. 96-272 -- Adoption Assistance and Child Welfare Act of 1980
This federal law establishes the Title IV-E adoption assistance program which provides matching funds to States operating a program of adoption assistance benefits for parent(s) who adopt children with special needs who were either eligible for Aid to Families with Dependent Children (AFDC) or Supplemental Security Income (SSI).
2. PL. 99-514 -- Non Recurring Adoption Act (Tax Reform Act of 1986)
This federal law states that States are required to reimburse parents for "reasonable and necessary adoption fees, court costs, attorney fees, and other expenses" which are directly related to the legal adoption of a child with special needs.
3. PL. 103-382 Part E -- Multiethnic Placement Act (MEPA) of 1994) and the Interethnic Provisions (IEP) of 1996
This federal law, as amended by the Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996, attempts to reduce the length of time children wait for adoptive placements and to ensure that no individual is denied the opportunity to become an adoptive or foster parent solely on the basis of race, color or national origin. It also facilitates the identification and recruitment of foster/adoptive families that reflect the racial and ethnic diversity of waiting children.
4. PL. 95-608 -- Indian Child Welfare Act
This federal law sets requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.
5. PL. 104-188 Adoption Promotion and Stability Act
This federal law provides a non-refundable tax credit for people who adopt children and a non-refundable credit to those who adopt children with special needs.
6. PL 106-395 Child Citizenship Act of 2000
This federal law amends the Immigration and Nationality Act to permit foreign-born citizens (including adopted children) to acquire citizenship automatically if they meet certain requirements.
7. P.L. 105-89 Adoption and Safe Families Act
This federal law provides that Title IV-E adoption assistance eligible children retain their eligibility for such assistance in a subsequent adoption if the adoptive parent(s) die or the adoption dissolves with a termination of parental rights and the child remains a child with special needs. It also requires the States to conduct a criminal record check on prospective adoptive parents(s) of children who would receive Title IV-E adoption assistance
8. P.L. 106-169 The Foster Care Independence Act of 1999
This federal law increases the AFDC resource limit from $1,000 to $10,000 for Title IV-E foster care and Title IV-E adoption assistance eligibility purposes.
9. P.L. 109-171 The Deficit Reduction Act of 2005
This federal law clarifies that for Title IV-E adoption assistance, a child must meet the July 16, 1996 State AFDC eligibility criteria in the specified relative’s home from which s/he is removed. This legislation also eliminates the requirements that a child had to be AFDC eligible at the time of the initiation of the adoption proceedings.
10. P.L. 109-248 The Adam Walsh Child Protection and Safety Act of 2006
This federal law requires fingerprint-based background checks for prospective adoptive parent(s) and, in all cases, prohibits the State from claiming Title IV-E adoption assistance if the prospective adoptive parent(s) have certain felony convictions.
This legislation further requires child abuse and neglect registry check in each State where each of the adults in the prospective adoptive home has lived in the past five years.
11. P.L. 104-193 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
This law limits Federal public benefits to qualified aliens. PRWORA requires a qualified alien entering the United States on or after the date of enactment of PRWORA (August 22, 1996), unless excepted, to live in the United States for five years before becoming eligible for certain Federal public benefits. In accordance with section 403(c)(2)(F) of PRWORA, however, Federal payments for adoption assistance are excluded from this five-year residency requirement if the child and the foster or adoptive parent(s) with whom s/he is placed are qualified aliens.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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