§ 5401. Legislative findings; purposes of chapter.
(a) The General Assembly finds that:
(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to § 503 of this title, and assuring
the protection of the interests of the children affected during the entire assistance period, require special measures when
the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
(b) The purposes of this chapter are to:
(1) Authorize the Department of Services for Children, Youth and Their Families to enter into interstate agreements with agencies
of other states for the protection of children on behalf of whom adoption assistance is being provided by the Department of
Services for Children, Youth and Their Families; and to
(2) Provide procedures for interstate children's adoption assistance payments, include medical payments.
65 Del. Laws, c. 105, § 1.;
§ 5402. Compacts -- Authorized; definitions.
(a) The Department of Services for Children, Youth and Their Families is authorized to develop, participate in the development
of, negotiate and enter into 1 or more interstate compacts on behalf of this State with other states to implement 1 or more
of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact
shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory
or possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance state" means the state that is signatory to an adoption
assistance agreement in a particular case.
(d) For the purposes of this chapter, the term "residence state" means the state of which the child is a resident by virtue
of the residence of the adoptive parents.
65 Del. Laws, c. 105, § 1.;
§ 5403. Compacts -- Required contents.
A compact entered into pursuant to the authority conferred by this chapter shall have the following content:
(1) A provision making it available for joinder by all states;
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year
between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving
adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the adoption assistance;
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5404. Compacts -- Optional contents.
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required
pursuant to § 5403 of this title, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for
the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the
one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5405. Medical assistance.
(a) A child with special needs resident in this State who is the subject of an adoption assistance agreement with another
state shall be entitled to receive a medical assistance identification from this State upon the filing in the Medical Assistance
Office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance
with regulations of the Medical Assistance Office, the adoptive parents shall be required at least annually to show that the
agreement is still in force or has been renewed.
(b) The State Medical Assistance Office shall consider the holder of a medical assistance identification pursuant to this
section as any other holder of a medical assistance identification under the laws of this State and shall process and make
payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other
recipients of medical assistance.
(c) The Medical Assistance Office or other appropriate state agency shall provide coverage and benefits for a child who is
in another state and who is covered by an adoption assistance agreement made by the State Adoption Assistance Agency for the
coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child
may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed
therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third
party medical contract or arrangement held by the child or the adoptive parents. The Department of Services for Children,
Youth and Their Families shall make regulations implementing this subsection. The additional coverages and benefit amounts
provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures
to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(d) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making
of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading
or fraudulent shall be punishable as perjury and shall also be subject to a fine of not to exceed $10,000 or imprisonment
for not to exceed 2 years, or both such fine and imprisonment.
(e) This section shall apply only to medical assistance for children under adoption assistance agreements from states that
have entered into a compact with this State under which the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant
to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the laws and
procedures applicable thereto.
65 Del. Laws, c. 105, § 1.;
§ 5406. Federal participation.
Consistent with federal law, the Department of Health and Social Services and Department of Services for Children, Youth and
Their Families in connection with the administration of this chapter and any compact pursuant hereto shall include in any
state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) [42 U.S.C. § 620 et seq.],
Titles IV (e) and XIX of the Social Security Act [42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.], and any other applicable
federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all
of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
§ 5401. Legislative findings; purposes of chapter.
(a) The General Assembly finds that:
(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to § 503 of this title, and assuring
the protection of the interests of the children affected during the entire assistance period, require special measures when
the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
(b) The purposes of this chapter are to:
(1) Authorize the Department of Services for Children, Youth and Their Families to enter into interstate agreements with agencies
of other states for the protection of children on behalf of whom adoption assistance is being provided by the Department of
Services for Children, Youth and Their Families; and to
(2) Provide procedures for interstate children's adoption assistance payments, include medical payments.
65 Del. Laws, c. 105, § 1.;
§ 5402. Compacts -- Authorized; definitions.
(a) The Department of Services for Children, Youth and Their Families is authorized to develop, participate in the development
of, negotiate and enter into 1 or more interstate compacts on behalf of this State with other states to implement 1 or more
of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact
shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory
or possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance state" means the state that is signatory to an adoption
assistance agreement in a particular case.
(d) For the purposes of this chapter, the term "residence state" means the state of which the child is a resident by virtue
of the residence of the adoptive parents.
65 Del. Laws, c. 105, § 1.;
§ 5403. Compacts -- Required contents.
A compact entered into pursuant to the authority conferred by this chapter shall have the following content:
(1) A provision making it available for joinder by all states;
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year
between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving
adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the adoption assistance;
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5404. Compacts -- Optional contents.
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required
pursuant to § 5403 of this title, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for
the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the
one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5405. Medical assistance.
(a) A child with special needs resident in this State who is the subject of an adoption assistance agreement with another
state shall be entitled to receive a medical assistance identification from this State upon the filing in the Medical Assistance
Office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance
with regulations of the Medical Assistance Office, the adoptive parents shall be required at least annually to show that the
agreement is still in force or has been renewed.
(b) The State Medical Assistance Office shall consider the holder of a medical assistance identification pursuant to this
section as any other holder of a medical assistance identification under the laws of this State and shall process and make
payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other
recipients of medical assistance.
(c) The Medical Assistance Office or other appropriate state agency shall provide coverage and benefits for a child who is
in another state and who is covered by an adoption assistance agreement made by the State Adoption Assistance Agency for the
coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child
may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed
therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third
party medical contract or arrangement held by the child or the adoptive parents. The Department of Services for Children,
Youth and Their Families shall make regulations implementing this subsection. The additional coverages and benefit amounts
provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures
to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(d) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making
of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading
or fraudulent shall be punishable as perjury and shall also be subject to a fine of not to exceed $10,000 or imprisonment
for not to exceed 2 years, or both such fine and imprisonment.
(e) This section shall apply only to medical assistance for children under adoption assistance agreements from states that
have entered into a compact with this State under which the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant
to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the laws and
procedures applicable thereto.
65 Del. Laws, c. 105, § 1.;
§ 5406. Federal participation.
Consistent with federal law, the Department of Health and Social Services and Department of Services for Children, Youth and
Their Families in connection with the administration of this chapter and any compact pursuant hereto shall include in any
state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) [42 U.S.C. § 620 et seq.],
Titles IV (e) and XIX of the Social Security Act [42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.], and any other applicable
federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all
of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
§ 5401. Legislative findings; purposes of chapter.
(a) The General Assembly finds that:
(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to § 503 of this title, and assuring
the protection of the interests of the children affected during the entire assistance period, require special measures when
the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
(b) The purposes of this chapter are to:
(1) Authorize the Department of Services for Children, Youth and Their Families to enter into interstate agreements with agencies
of other states for the protection of children on behalf of whom adoption assistance is being provided by the Department of
Services for Children, Youth and Their Families; and to
(2) Provide procedures for interstate children's adoption assistance payments, include medical payments.
65 Del. Laws, c. 105, § 1.;
§ 5402. Compacts -- Authorized; definitions.
(a) The Department of Services for Children, Youth and Their Families is authorized to develop, participate in the development
of, negotiate and enter into 1 or more interstate compacts on behalf of this State with other states to implement 1 or more
of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact
shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory
or possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance state" means the state that is signatory to an adoption
assistance agreement in a particular case.
(d) For the purposes of this chapter, the term "residence state" means the state of which the child is a resident by virtue
of the residence of the adoptive parents.
65 Del. Laws, c. 105, § 1.;
§ 5403. Compacts -- Required contents.
A compact entered into pursuant to the authority conferred by this chapter shall have the following content:
(1) A provision making it available for joinder by all states;
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year
between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving
adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the adoption assistance;
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5404. Compacts -- Optional contents.
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required
pursuant to § 5403 of this title, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for
the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the
one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
65 Del. Laws, c. 105, § 1.;
§ 5405. Medical assistance.
(a) A child with special needs resident in this State who is the subject of an adoption assistance agreement with another
state shall be entitled to receive a medical assistance identification from this State upon the filing in the Medical Assistance
Office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance
with regulations of the Medical Assistance Office, the adoptive parents shall be required at least annually to show that the
agreement is still in force or has been renewed.
(b) The State Medical Assistance Office shall consider the holder of a medical assistance identification pursuant to this
section as any other holder of a medical assistance identification under the laws of this State and shall process and make
payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other
recipients of medical assistance.
(c) The Medical Assistance Office or other appropriate state agency shall provide coverage and benefits for a child who is
in another state and who is covered by an adoption assistance agreement made by the State Adoption Assistance Agency for the
coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child
may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed
therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third
party medical contract or arrangement held by the child or the adoptive parents. The Department of Services for Children,
Youth and Their Families shall make regulations implementing this subsection. The additional coverages and benefit amounts
provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures
to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(d) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making
of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading
or fraudulent shall be punishable as perjury and shall also be subject to a fine of not to exceed $10,000 or imprisonment
for not to exceed 2 years, or both such fine and imprisonment.
(e) This section shall apply only to medical assistance for children under adoption assistance agreements from states that
have entered into a compact with this State under which the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant
to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the laws and
procedures applicable thereto.
65 Del. Laws, c. 105, § 1.;
§ 5406. Federal participation.
Consistent with federal law, the Department of Health and Social Services and Department of Services for Children, Youth and
Their Families in connection with the administration of this chapter and any compact pursuant hereto shall include in any
state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) [42 U.S.C. § 620 et seq.],
Titles IV (e) and XIX of the Social Security Act [42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.], and any other applicable
federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all
of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.