A child has special needs if all three of the following are true:
-
The child was a citizen or resident of the United States or its possessions at the time the adoption process began.
-
A state (including the District of Columbia) or Indian tribal government has determined that the child cannot or should not be returned to his or her parents' home.
-
The state or Indian tribal government has determined that the child will not be adopted unless assistance is provided to the adoptive parents. Some factors that states or Indian governments use are:
-
The child's ethnic background and age,
-
The child is a member of a minority or sibling group, or
-
The child has a medical condition or a physical, mental, or emotional handicap