Delaware General Assembly






BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 31, Delaware Code by adopting a new Chapter 54 to read as follows:


§5401. Legislative Findings and Purposes.

(a) The General Assembly finds that:

(I) Finding adoptive families for children. for whom state assistance is desirable pursuant to Title 31, Delaware Code §503, 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 taken 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.

(2) Provide procedures for interstate children's adoption assistance payments, including medical Payments.

§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 one or more interstate compacts on behalf of this state with other states to implement one 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.

§5403. Contents of Compacts.

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 one 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 by 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.

§5404. Optional contents of Compacts.

A compact entered into pursuant to the authority conferred by this Chapter may contain provisions in addition to those required pursuant to 55403 of this Chapter, 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.

(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.

§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) The provisions of 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. Ail 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.

§5406. Federal Participation.

Consistent with federal law, the Department(s) 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), Titles IV (e) and XDt of the Social Security Act, 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."

Approved July 3, 1985.