Section 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.