(1) Only an eligible child or youth who has special needs that create a barrier to his or her adoption is eligible for adoption benefits. (2) The following conditions must be present at the time the eligible child or youth was placed for adoption; except that a child or youth who meets the medical and disability requirements for federal supplemental security income does not need to meet the additional conditions: (a) The eligible child or youth was in the custody of a county department, a person to whom the custody of the child has been given by proper order of a dependency and neglect court, or a nonprofit child placement agency, and is legally available for adoption, including the resolution of all appeals; and (b) It has been determined that the eligible child or youth cannot or should not be returned home to his or her biological parents; and (c) Reasonable but unsuccessful efforts to place the eligible child or youth for adoption without benefits have been made, except under the following circumstances: (I) It is determined that such efforts would be against the best interest of the eligible child or youth because of factors that include, but are not limited to, the existence of a significant bond with the prospective adoptive parents or a search for a nonsubsidized adoptive placement would delay a child's or youth's right to permanency in a timely manner; or (II) The eligible child or youth is being placed by a birth parent with designated adoptive parents through a nonprofit child placement agency; and (d) The county department or nonprofit child placement agency has determined that the adoptive family has the capability of providing for the nonfinancial needs of the eligible child or youth.
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