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B-198661 1 (1981-01-08)

handle is hein.gao/gaobadiuh0001 and id is 1 raw text is: THE COMPTROLLER G3ENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-198661 DATE: January 8, 1981 MATTER OF: Lieutenant Charles Tyahur, Jr., USN, and Lieutenant Commander Per L. Okey, USNR DIGEST: Where children are placed with a member of the uniformed services for adoption in the State of California by an agency of the State, the effective date for determining to dependency benefits i-s---the/'c date an order of adoption has been entered by a court of competent jurisdiction. This case involves the Question of the effective date for entitlement to quarters allowance at the with-dependent rate for members of the uniformed ser- vices on account of children who have been placed with them for adoption in the State of California but where a final order of adoption has not been entered. Under California law the parents' assumption of full financial responsibility and care of the child after entering into the adoption placement agreement without court sanction is not sufficient to meet the dependency definition of ,s37 U.S.C. 401(2) (1976). The Director, Navy Family Allowance Activity, Cleve- land, Ohio, requested a decision concerning the effective date for entitlement to increased quarters allowance on account of children placed for adoption in the State of California in the cases of Lieutenant Charles Tyahur, Jr., USN, and Lieutenant Commander Per L. Okey, USNR. The matter was referred here through the Department of Defense Military Pay and Allowance Committee and was assigned submission number DO-N-1344. The factual situation in each case is very similar. In the case of Lieutenant Tyahur, a child born Septem- ber 15, 1979, was placed for adoption in the member's home on November 1, 1979, by the Adoption Services of San Diego County, California. An adoption placement agreement was entered into by Lieutenant Tyahur and his wife on November 1, 1979, in which they agreed to assume full financial responsi- bility and care of the child.

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