As used in this chapter, unless the context otherwise requires:

"Adoption assistance" means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to this chapter.

"Adoption assistance state" means the state that is a signatory to an adoption assistance agreement in a particular case.

"Child" means a person less than eighteen years of age, or a person less than twenty-one years of age who has mental or physical handicaps that warrant the continuation of assistance beyond the age of eighteen.

"Child with special needs" means a child for whom the department has determined that:

1. (1) The child cannot or should not be returned to the parent's home;
2. (2) There exists a specific factor or condition, including but not limited to, ethnic background, age, membership in a minority or sibling group, or physical, emotional or mental handicaps, which make it likely that the child could not be placed with adoptive parents without providing adoption assistance; and

3. (3) A reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance, provided that no attempt need be made when it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child.

   "Department" means the department of human services and its authorized representatives.

   "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

   "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

[L 1986, c 110, pt of §1; am L 1987, c 339, §4]