(a) The child. The requirements for a child to be eligible for Title IV-E adoption assistance are outlined in this subsection. The child is:
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(1) Aid to Families with Dependent Children (AFDC) eligible at the time of removal;
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(3) determined to be a child with special needs prior to the finalization of the adoption;
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(4) eligible for Supplemental Security Income (SSI) benefits at the time the adoption petition is filed and meets the definition of a child with special needs prior to finalization of the adoption. How the child was removed from his or her home or whether the state has responsibility for the child's placement and care is not considered;
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(5) eligible as a child of a minor parent and meets the definition of a child with special needs.
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(A) This eligibility requirement is met if:
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(i) the child's parent is in foster care and receiving Title IV-E foster care maintenance payments that cover both the minor parent and the child at the time the adoption petition is initiated; and
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(ii) the special needs determination is made prior to finalization of the adoption.
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(B) There is no requirement that the child must have been removed from home as a result of a judicial determination or pursuant to a voluntary placement agreement.
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(C) If the child and minor parent have been separated in foster care prior to the time of the adoption petition, the child's eligibility for Title IV-E adoption assistance must be determined based on the child's current and individual circumstances; and
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(6) eligible due to prior Title IV-E adoption assistance eligibility and meets the definition of a child with special needs.
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(A) When a child is adopted and receives Title IV-E adoption assistance, but the adoption later dissolves or all of the child's adoptive parents are dead, the child may continue eligibility for Title IV-E adoption assistance in a subsequent adoption.
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(B) The manner of a child's removal from the adoptive home is not considered.
(b) The adoptive family. There is no means test for the prospective adoptive parent(s) to determine eligibility for adoption assistance. A prospective adoptive parent is not eligible for Title IV-E adoption assistance if the person has a felony conviction:
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(1) at any time for child abuse or neglect; spousal abuse; crimes against children, including child pornography; or crimes involving violence, including rape, sexual assault, or homicide; or
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(2) in the past five years for physical assault, battery, or a drug related offense.