8-141. Definitions; exception


A. In this article, unless the context otherwise requires:


1. "Adoption subsidy" means a grant that is provided to a child with special needs
and that has been applied for through the department.


2. "Agency" means the department or a child welfare agency which is authorized in
its license issued by the department to place or care for children in foster care.


3. "Application" means the completion of the department application form with
documentation of the child's special needs.


4. "Child" means any person who is under the age of eighteen years, who is legally
free for adoption and who otherwise may not be adopted because the person has special
needs.


5. "Department" means the department of economic security.


6. "Developmental disability" has the same meaning as provided in section 36-551.


7. "Emotional disturbance" means a condition which impedes the child's ordinary
developmental progress as defined by accepted psychiatric or psychological standards and
as diagnosed by one or more psychiatrists or psychologists approved by the department.


8. "Emotional ties" includes:


(a) Identification of the child as a member of the foster family.


(b) Identification by the foster family of the child as belonging to that family.


(c) The likelihood that the child will not establish significant emotional ties to
another family if he is denied permanent placement with the foster family.


9. "High risk of physical or mental disease" means a potentially debilitating
condition as defined by accepted standards of the health service profession and as
certified by one or more health service providers approved by the department.


10. "High risk of severe emotional disturbance if removed from the care of his
foster parents" means the development of significant emotional ties to the foster family
as documented by the child's case manager and as diagnosed by a psychiatrist or
psychologist approved by the department.


11. "Mental disability" means a lifelong condition which is characterized by
impaired intellectual development and impedes the ability to function independently as
defined by accepted national standards and as certified by a psychologist, physician or
child development specialist approved by the department.


12. "Physical disability" means one of the following conditions:


(a) A chronically debilitating, progressive or fatal disease which requires
assistance for the child in activities of daily living.


(b) The requirement of assistance of another person or mechanical device for
movement from place to place.


13. "Racial or ethnic factors" means Black, Hispanic, Native American, Asian or
other heritage which may prevent a child from being adopted by a family of similar racial
or ethnic origin.


14. "Special needs" means one or more of the following conditions which existed
before the finalization of adoption:


(a) Physical, mental or developmental disability.


(b) Emotional disturbance.


(c) High risk of physical or mental disease.


(d) High risk of developmental disability.


(e) Age of six or more years at the time of application for an adoption subsidy.


(f) Sibling relationship.


(g) Racial or ethnic factors.


(h) High risk of severe emotional disturbance if removed from the care of his
foster parents.


(i) Any combination of the special needs described in this paragraph.


B. The condition described in subsection A, paragraph 14, subdivision (h), is not a
special need unless the foster care relationship existed before the foster adoption
placement was made.