Sec.17a-116-8. Criteria for certification as a special needs child

(a) The child is a ward of the Commissioner or is to be placed in adoption by a licensed child-placing agency.

(b) The adopting family is approved for adoption placement by the Department or a licensed child-placing agency.

(c) The Commissioner or a licensed child-placing agency determines that a child appropriate for adoption is difficult to place (based on all reasonable efforts consistent with the best interests of the child) because of one or more conditions including, but not limited to:

(1) Physical disability (or high risk of such disability) which presents a barrier to adoption. A written diagnosis and recommendation for treatment must be made by a licensed physician.

(2) Mental disability (or high risk of such disability) which presents a barrier to adoption. A written diagnosis and recommendation for treatment must be made by a licensed psychiatrist or psychologist.

(3) Serious emotional maladjustment (or a high risk for such maladjustment) as indicated by a written diagnosis made by a licensed psychiatrist or psychologist. The written statement must include recommendation for treatment and prognosis.

(4) Age when considered with other factors in the child's functioning and circumstances present a barrier to adoption.

(5) Racial or ethnic factors when considered with other factors in the child's functioning and circumstances present a barrier to adoption.

(6) Member of a sibling group which should be placed together.

(7) The child has established significant emotional ties with prospective adoptive parents while in their care as a foster child.

(d) Upon determining that the child meets the eligibility criteria, the Commissioner shall certify the child as special needs prior to the finalization of the adoption by the Probate Court except as provided for in Section 17a-116-11 of these regulations.

(Effective March 22, 1994)