Subchapter III. Incentive Program and Special Funds.

§ 4–341. Legislative findings.

(a) The long term needs of District of Columbia children who are in foster care are not being served. Although the Adoption and Safe Families Amendment Act of 2000 shortens the time in which children may remain in foster care, many of these children require additional assistance in order to be adopted.

(b) The financial costs associated with maintaining the 3,000 foster children are high. In addition to the monthly payments to foster parents, the Child and Family Services Agency must supervise and staff each case, the Superior Court of the District of Columbia must pay attorneys and judges to review each case, and the Office of Corporation Counsel must staff and review each case.

(c) Even more critical are the tragic human costs associated with allowing children to languish in foster care. The most recent study on the fate of foster children who “age out” of the child welfare system without finding a permanent home found that 12 to 18 months after they left foster care, just half were employed, one-third were receiving public assistance, one-fifth of the girls had given birth, and more than one-quarter of the boys had been incarcerated.

(d) Many of the children in foster care have foster parents desirous of adopting them but are unable to do so because of the costs associated with adoption.

(e) Providing these foster parents with a one-time financial assistance package in the form of vouchers would facilitate adoptions. Financial assistance would consist of vouchers to cover the costs of the necessary homestudies, compilation of information on the foster children’s backgrounds and special needs, and attorneys’ fees.

(f) The Congress has appropriated, in the District of Columbia Appropriations Act, 2000, approved November 29, 1999 (Pub. L. No. 106-113; 113 Stat. 1501), a $5 million payment, to remain available until September 30, 2001, to the District of Columbia to create incentives to promote the adoption of children in the District’s foster care system.

§ 4–342. Definitions.

For the purpose of this subchapter, the term:

(1) “Attorneys’ fees” means the legal costs and expenses which are directly related to the adoption of a foster child or foster children.

(2) “Foster care” means 24 hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

(3) “Foster child” and “foster children” mean a child, or children, who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to § 16-2320 or whose parents’ rights have been relinquished pursuant to § 4-1406.

(4) “Foster parent” means an individual with whom a foster child is legally placed.

(5) “Homestudy” means the “investigation, report and recommendation” required by § 16-307.

(6) “Related sibling group” means a group of siblings with at least one parent in common, residing together in the home of a foster parent.

§ 4–343. Establishment of the Adoption Incentive Program; purpose.

There is established the Adoption Incentive Program (“Program”). The purpose of the Program is to provide foster parents with access to a one-time financial assistance package to assist them with the expenses associated with attorneys’ fees and the homestudy relating to the adoption of a foster child, subject to the availability of funds in the Adoption Voucher Fund.

§ 4–344. Establishment of the Adoption Voucher Fund.

(a) There is established the Adoption Voucher Fund (“Fund”). The Fund shall be comprised of $2 million of the $5 million appropriated in the District of Columbia Appropriations Act, 2000, approved November 29, 1999 (Pub. L. No. 106-113; 113 Stat. 1501), and additional funds in their entirety which Congress may appropriate from time to time for the purpose of providing incentives for foster parents to adopt District children.

(b) Monies in the Fund shall be used only for the payment of homestudies and attorneys’ fees, as well as any administrative costs directly associated with the implementation of this subchapter. The Fund shall be the sole source of payments under the Program.

(c) Funds deposited in the Fund shall not revert to the General Fund of the District of Columbia at the end of the fiscal year or at any other time, but shall remain available until expended for the purposes set forth in subsection (b) of this section, subject to authorization by Congress in an appropriations act.

(Oct. 19, 2000, D.C. Law 13-172, § 3805, 47 DCR 6308; Dec. 7, 2004, D.C. Law 15-205, § 5302, 51 DCR 8441.)

Effect of Amendments

D.C. Law 15-205 added subsec. (c).

Emergency Legislation

For temporary (90-day) addition of section, see § 3805 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 3802 to 3807 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 5302 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 5302 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Short Title

Short title of subtitle C of title V of Law 15-205: Section 5301 of D.C. Law 15-205 provided that subtitle C of title V of the act may be cited as the Adoption Voucher Fund Amendment Act of 2004.

§ 4–344.01. Establishment of the Adoption Support Fund.

(a) There is established the Adoption Support Fund (“Support Fund”). The Support Fund shall be comprised of $3 million of the $5 million appropriated in the District of Columbia Appropriations Act, 2000, approved November 29, 1999 (Pub. L. No. 106-113; 113 Stat. 1501), and additional funds in their entirety which Congress may appropriate from time to time for the purpose of providing support incentives for foster parents who adopt District of Columbia children and enhancing recruitment and support of prospective adoptive families.

(b) Monies in the Support Fund shall be used only for the following purposes:

(1) $1 million to establish a scholarship fund to support postsecondary education and training for adopted children;

(2) $1 million to create an Adoption Resource Center with post-adoption service capacity; and

(3) $1 million to enhance recruitment and support of prospective adoptive families.

§ 4–345. Benefits.

(a) A foster parent may receive the following:

(1) A voucher for the payment of $1,500 for a homestudy for each foster child or related sibling group; and

(2) A voucher for the payment of $5,000 for attorneys’ fees for each foster child or related sibling group; provided that, the voucher may only be applied to attorney’s fees charged at an hourly rate of not more than $125 per hour and related expenses billed at actual cost.

(b) Nothing in this subchapter shall be construed to create an entitlement to financial assistance for the adoption of a foster child, or foster children, if no funds remain available in the Adoption Voucher Fund.

(c) Vouchers issued pursuant to this section shall be in addition to, and may not limit the amount of, money available to a foster parent under § 4-301.

§ 4–346. Administration of the Adoption Incentive Program and the Adoption Voucher Fund.

(a) The Child and Family Services Agency (“CFSA”) shall administer the Program and the Fund. CFSA shall:

(1) Within 180 days of October 19, 2000, identify children whose permanency plans are adoption, for as long as funds are available from the Fund;

(2) Obtain a document signed by the foster parents stating their intent to adopt within 180 days of identifying the children pursuant to paragraph (1) of this subsection; and

(3) Upon obtaining the signed document required by paragraph (2) of this subsection, immediately provide a voucher for attorneys’ fees and a voucher for the homestudy to the foster parent.

(b) Vouchers issued pursuant to this section shall contain a statement describing the benefits to the adopting foster parents under the program, as well as the terms and conditions for the use of the vouchers.

(c) Adopting foster parents shall present the vouchers to their attorney and licensed agency hired to perform the homestudy.

(d) An attorney hired by a foster parent shall submit a voucher for attorneys’ fees with his or her first bill to CFSA, which shall set up an account with a $5,000 balance. Thereafter, the attorney shall submit his or her bills quarterly to CFSA. CFSA shall pay the attorney within 30 days with funds from the account.

(e) The licensed agency hired to perform the homestudy shall submit its bill and the voucher for the homestudy to CFSA after the homestudy is complete for payment within 30 days.