§ 453-a. Payments for non-recurring adoption expenses. 1. A social
services official shall make payments for non-recurring adoption
expenses incurred by or on behalf of the adoptive parents of a child
with special needs, when such expenses are incurred in connection with
the adoption of a child with special needs through an authorized agency.
In accordance with subdivision two of this section, the payments shall
be made by the social services official either to the adoptive parents
directly, to the authorized agency on behalf of the adoptive parents or
to an attorney on behalf of the adoptive parents for the allowable
amount of attorney's fees or court costs incurred in connection with
such completed adoption.

2. The amount of the payment made pursuant to this section shall be
determined pursuant to the regulations of the department. Nothing herein
shall obligate a social services official to make payments for the full
amount of non-recurring adoption expenses incurred by or on behalf of
the adoptive parents of a child with special needs.

3. Payments for non-recurring adoption expenses made by a social
services official pursuant to this section shall be treated as
administrative expenditures under title IV-E of the social security act
and shall be reimbursed by the state accordingly.

4. Payments under this section shall be made pursuant to a written
agreement between the social services official, other relevant
authorized agencies and the adoptive parents of a child with special
needs. The written agreement shall specify the nature and amount of any
payments, services and assistance to be provided, shall stipulate that
the agreement remain in effect regardless of the state of residence of
the adoptive parents at any time and shall contain provisions for the
protection of the interests of the child where the adoptive parents and
the child move to another state while the agreement is effective.
Applications for such subsidies shall be accepted prior to the
commitment of the guardianship and custody of the child to an authorized
agency pursuant to the provisions of this chapter, and approval thereof
may be granted contingent upon such commitment.

5. When the parental rights of a child with special needs have been
terminated in this state and the child's guardianship has been committed
to an authorized agency, the child is adopted in another state and the
adoptive parents are not eligible for payments of non-recurring
adoption expenses in the other state, a social services official shall
make payments of the non-recurring adoption expenses incurred by or on
behalf of the adoptive parents, if such parents are otherwise eligible
for payments under subdivision one of this section.

6. As used in this section, non-recurring adoption expenses shall mean
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 and which are not incurred in violation of
federal law or the laws of this state or any other state.

7. As used in this section, a child with special needs shall mean a
child who:

(a) the state has determined cannot or shall not be returned to the
home of his or her parents; and

(b) the state has first determined:

(i) is a handicapped child as defined in subdivision two of section
four hundred fifty-one of this title, or is a hard-to-place child as
defined in paragraph (c) of subdivision three of section four hundred
fifty-one of this title; and

(ii) a reasonable, but unsuccessful effort has been made to place the
child with appropriate adoptive parents without adoption assistance.
Such an effort need not be made where such efforts would not be in the
best interests of the child because of such factors as the existence of
significant emotional ties with prospective adoptive parents while in
the care of such parents as a foster child.