2201  Definition of Terms                               
Refer to Sections 5002.00 and 5502.00 in effect 7/1/96 for IV-E and 2102 for both types of adoption assistance.

                        Adoption assistance agreement - a written agreement binding all parties between DFS, other relevant agencies and the prospective adoptive parents.  The agreement must meet federal requirements, and:

A.    Be signed by the adoptive parents and a representative of DFS and be in effect before adoption assistance payments are made but no later than the finalization of the adoption; and

B.    Specify the duration of the agreement; and

C.   Specify the amount of the adoption assistance payments (if any) and the nature and amount of any other payments, services and assistance to be provided including nonrecurring adoption expenses in agreements effective on or after 1/1/87 for expenses incurred by the parents on or after that date; and

D.   Specifies the child's eligibility for Title XIX and the amount of the monthly cash payments; and

E.    Specifies, with respect to agreements entered into on or after 10/1/83, the agreement remains in effect regardless of the state of residence of the adoptive parents; and

F.    Contains provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect; and

G.   For agreements entered into on or after 10/1/83, if a needed service specified in the agreement is not available in the new state of residence, the state making the original adoption assistance payment remains financially responsible for providing the specified service(s).

                        Application for Adoption Assistance - an application made by the potential adoptive parents indicating their intent to adopt a specific child.

                        Bifurcated adoption - two court actions where parental rights are terminated and the child is adopted all at one time.

                        Interlocutory decree - the initial petition to adopt, filed with the court and required prior to passage of the Tax Reform Act of 1986. 

A.    The adoption agreement is used when a formal interlocutory has not been filed;

B.    After 1986, adoption assistance payments may begin when the adoption assistance agreement is signed and the child is placed in the adoptive home;

C.   This is not mandated by Wyoming law but is a recommended procedure generally adhered to.

                        Interstate Compact on Adoption and Medical Assistance (ICAMA) - an agreement between states to ensure protection and services to children who are placed across state lines for adoption. 

A.    The Compact establishes orderly procedures for the interstate placement of children and assigns responsibilities for those involved in the adoption of the child. 

B.    Although Wyoming is not a member state, services will be provided to IV-E SA children per the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986.

                        Special needs child - a child who meets all three of the following characteristics:

A.    The child cannot or should not be returned to the home of her/his parents; and

B.    There exists a specific factor or condition because of which it is reasonable to conclude the child cannot be placed with adoptive parents without providing Title IV-E adoption assistance or Title XIX medical assistance such as:

1.    Ethnic background, age or membership in a minority or sibling group;

2.    The presence of a medical condition, or physical, mental or emotional disabilities.

C.   A reasonable, but unsuccessful, effort to place the child with appropriate parents without providing adoption assistance has been made.