Section 148-13-2 - DEFINITIONSAs used in these rules, the following definitions shall apply:
a. The term "Department" refers to the Department of Human Services.b. For adoption assistance purposes, the term "child" refers to a special needs child in the custody of the Department or in the custody of a non-profit, private, licensed child placing agency in this State who is legally available for adoption, or who has been approved for legal risk placement according to Section VIII, Subsection B, of the Department of Human Services' Child and Family Services Policy Manual. For reimbursement of non-recurring adoption expenses purposes, the term "child" refers to any special needs child who is otherwise eligible for the reimbursement program in Maine.
c. The term "family" refers to any single person or married couple who wishes to apply for adoption assistance.d. The term "special needs" refers to a child who has one or more of the following characteristics: 1 Has a physical, mental or emotional handicap that makes placement difficult;2 Has a medical condition that makes placement difficult;3 Is a member of a sibling group to be placed together that includes at least one member who is difficult to place and who meets one or more of criteria 1, 2, 4, 5 or 6;5 Is difficult to place because of race;6 Has been a victim of physical, emotional or sexual abuse or neglect that places the child at risk for future emotional difficulties; or7 Has factors in the child's background such as severe mental illness, substance abuse, prostitution, genetic or medical conditions or illnesses that place the child at risk for future problems. For purposes of this definition "at risk" is meant to have some significance in a statistical or medical sense, i.e., some probability of occurrence that is not merely speculative or statistically insignificant.e. "Difficult to place child" is a child with special needs for whom reasonable but unsuccessful efforts to secure an appropriate, unassisted adoptive placement have been made, or for whom efforts to secure unassisted placements have been waived because it is in the best interests of the child: for example, adoption by a foster family with whom the child has established a meaningful, positive bond.f. "Non-recurring adoption expenses" are those one-time adoption expenses directly related to the adoption of a special needs child, such as adoption fees, court costs, attorneys fees, etc., which are not incurred in violation of state or federal law, which have not been reimbursed from other sources or funds, and the adoptive parents have incurred these expenses.g. Retroactive adoption assistance refers to adoption assistance approved by the Department for special needs children who are adopted without adoption assistance and who are later determined to be eligible pursuant to these rules. The term "retroactive" does not refer to, nor does it imply, the availability of assistance between the time of the adoption and the date the adoptive parents request "retroactive" adoption assistance, except as may be provided under section 5. c. of these rules.h. Special foster family care rates refer to those rates established by the department in policy. (Child and Family Services Manual, Section V, G-1, page 9.1.b.)10-148 C.M.R. ch. 13, § 2