Section 148-13-7 - PROCEDURESa. For adoption assistance in general: 1 The child must have been legally cleared for adoption by the Assistant Attorney General or approval of a legal risk placement must have been given by the Commissioner or his designee before placement may be considered. Eligible children in the custody of a non-profit, private adoption agency licensed in this State must also be legally free for adoption, or approved for legal risk placement in accordance with the Department's Policy.2 The family must have been studied and approved as meeting the Department's standards for adoption by either the Department or a licensed child-placing agency with an adoption program.3 The child's caseworker shall document the "reasonable, but unsuccessful" attempts to place the child without adoption assistance, in accordance with departmental policy. on forms to be provided by the department. These efforts can be waived in some instances, by the Adoption Program Specialist (see 2.e. of these rules).4 The reasons that the child cannot be placed without assistance and the reasons for the amount, type and duration of assistance must be established by Departmental staff on forms to be provided by the Department.5 The approved adoptive family must make application for assistance on forms to be provided by the Department. The application must give notice of the right to appeal a denial of subsidy through a fair hearing process.6 The plan to place the child with assistance must have the initial approval of the Department's Adoption Supervisor on forms to be provided by the Department.7 The application and written agreement, signed by the adoptive parents or parent in the case of a single parent, shall be sent together with forms indicated in Part 7, Sections C and E, to the Bureau of Child and Family Services of the Department for presentation to the Commissioner or his designee.8 The child may not be placed for adoption with adoption assistance until the plan has been approved and the written agreement signed by the Commissioner of the Department or designee. An exception can be made by the Commissioner or designee in certain conditions which develop or are discovered after the child has been placed for adoption but before the adoption is finalized by Probate Court, or in the case of a request for retroactive adoption assistance as indicated in Section 3. a.3. and 3.b.3. of these rules.9 If the Commissioner or designee does not approve the plan for adoption with assistance, the family shall be notified in writing, giving the reasons and stating the family's right to appeal the decision and procedures for appeal. 10 In all instances, the decision whether to place a child for adoption rests with the Department, or the licensed child placing agency, which under law has the full parental responsibility for the child.b. For non-recurring adoption expenses:1 Application must be made on forms provided by the Department for reimbursement prior to the adoption of the special needs child. Original receipts must be attached.2 The child must be certified on forms Provided by the Department as a special needs child who also meets the definition of difficult to place.3 An agreement approving reimbursement for non-recurring adoption expenses must be signed by the family and the Commissioner or his designee prior to the legal adoption of the child, except in certain cases prior to 1995 with an application now pending, where an agreement was not signed before the child's legal adoption and these rules were not in effect.c. For retroactive adoption assistance: A family must request assistance in writing to the Department's Adoption Program Specialist, then follow procedures as outlined in these rules.
10-148 C.M.R. ch. 13, § 7