Originally Posted by solgerboy
We recently adopted a child, my question is; does she meet the guidelines of a special needs child. According to the requirements, she must be a citizen of the US and she is. The child cannot return to her home, she cannot and her parents had to relinquish parental rights.
The part in question is as follows:
- The state determined that the child will not be adopted unless assistance is provided to the adoptive parents. Factors used by states to make this determination could include any of the following:
- The child's ethnic background
- The child's age
- Whether the child is a member of a minority or sibling group
- Whether the child has a medical condition or physical, mental, or emotional handicap
It does not spell out theat she is a special needs childs in our paperwork, however she is provided assistance by the State for emotional counseling, qualifies and is enrolled in a Special Education/Headstart school funded by the State and recieves nutritional support (WIC). This is due to the fact that she fall into a certain category through the eyes of Childern,Youth and Families (CYFD). I am just uncertain if she is in fact a special needs child. Any guidance is highly appreciated - Chris
I guess it varied from state to state; special needs can apply to almost any child or youth adopted from foster care. The term is used in State laws to indicate eligibility for Federal financial assistance.. in general we may think special needs are medical, physical, or emotional disabilities. But within the foster care and child welfare systems, a child or youth with special needs has a factor or condition ,uniquely defined by each State, that may involve any of the following:Ethnic or racial background;Age;Membership in a sibling group;Medical, physical, or emotional disabilities;Risk of physical, mental, or emotional disability based on birth family history ;Any condition that makes it more difficult to find an adoptive familyThese broader definitions of "special needs" may be used to determine eligibility for Federal financial assistance for adoption of children and youth from the U.S. foster care system. While there's no single Federal definition of special needs, according to title IV-E of the Social Security Act, a child or youth with special needs must also meet the following two requirements to be eligible for Federal adoption assistance:The child or youth cannot or should not be returned home to his or her parent(s); An unsuccessful attempt was made to place the child or youth without adoption (financial) assistance, except in cases where such a placement would not have been in the best interests of the child or youth.For tax related adoption credit, I guess you ned to contact the IRS for more accurate definition.