CHAPTER 26.5. ADOPTION SUBSIDIES
IC 31-19-26.5
Chapter 26.5. Adoption Subsidies
IC 31-19-26.5-1
"Adoption subsidy"
Sec. 1. As used in this chapter, "adoption subsidy" meanspayments by the department to an adoptive parent of a child withspecial needs to assist with the cost of care of the child:
(1) after a final decree of adoption of the child has been enteredunder IC 31-19-11; and
(2) during the time the child is residing with and supported bythe adoptive parent or parents.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-2
"Child with special needs"
Sec. 2. As used in this chapter, "child with special needs" meansa child who:
(1) is a hard to place child; and
(2) meets the requirements of a special needs child, as specifiedin 42 U.S.C. 673(c) and the rules of the department applicableto those requirements.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-3
Conditions for payment of adoption subsidies
Sec. 3. The department may make payments of adoption subsidyunder this chapter for the benefit of a child with special needs if thedepartment has:
(1) either:
(A) entered into a written agreement with the adoptiveparent or parents, before or at the time the court enters afinal decree of adoption under IC 31-19-11-1, that specifiesthe amount, terms, and conditions of the adoption assistancepayments; or
(B) received a written final order in an administrative appealin accordance with section 12(4) of this chapter concludingthat the adoptive parents are eligible for a subsidy payableunder this chapter and determining the appropriate subsidyamount;
(2) determined that sufficient funds are available in theadoption assistance account of the state general fund, and canreasonably be anticipated to be available in that account duringthe term of the agreement or order, to make the payments asspecified in the agreement or order; and
(3) determined that the child is not eligible for adoptionassistance under 42 U.S.C. 673.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-4 Priority for funding if funds are insufficient
Sec. 4. If the department determines that sufficient funds are notor will not be available in the adoption assistance account establishedunder this chapter to make adoption subsidy payments to adoptiveparents of all children who may be eligible for a subsidy payableunder this chapter, the department may, in accordance withprocedures established by rules:
(1) approve new adoption subsidy agreements only for thebenefit of children for whom the department has wardshipresponsibility at the time the adoption petition is filed; or
(2) give priority to funding new adoption subsidy agreementsfor children for whom the department has had wardshipresponsibility.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-5
Maximum amount of adoption subsidy
Sec. 5. The amount of adoption subsidy payments under thischapter may not exceed the amount that would be payable by thedepartment for the monthly cost of care of the adopted child in afoster family home at the time:
(1) the adoption subsidy agreement is made; or
(2) the subsidy is payable under the terms of the agreement;
whichever is greater.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-6
Additional payments under certain conditions
Sec. 6. (a) In addition to the adoption subsidy paymentsdetermined under section 3 of this chapter, the department may makeadditional payments for medical or psychological care or treatmentof the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or inpart on a physical, a mental, an emotional, or a medicalcondition that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed orevents that occurred before the filing of the adoptionpetition;
as determined by a physician or psychologist licensed inIndiana.
(2) The child's adoptive parent has applied to the department, inthe form and manner specified by the department, for assistancein payment of the cost of special services that the child needs toremedy or ameliorate the condition or conditions identified insubdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered byeither:
(i) private health insurance available to the child or
adoptive parent; or
(ii) the Medicaid program in Indiana or the state where thechild currently resides; and
(B) payment of the cost of the required services withoutassistance will cause a significant financial burden andhardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistanceaccount to cover the cost of additional assistance providedunder this section.
(b) A determination by the department under this section is notsubject to administrative review or appeal, unless specificallyauthorized by rule of the department under section 12(4) of thischapter, but is subject to judicial review as provided in IC 4-21.5-5.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-7
Certain children eligible for Medicaid
Sec. 7. An adoptive child who is:
(1) a child with special needs based on a medical, a physical, amental, or an emotional condition that existed before the filingof the adoption petition; and
(2) the beneficiary of an agreement for adoption subsidy underthis chapter;
is eligible for Medicaid.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-8
Submission of reports; modification or discontinuance of adoptionsubsidy payments
Sec. 8. (a) As a condition for continuation of subsidy paymentsunder the agreement, the department may require the adoptiveparents to submit a verified report, annually or at a time or timesspecified in the agreement or by rule, stating:
(1) the location of the parents;
(2) the location and condition of the child; and
(3) any additional information required by rule of thedepartment or the agreement.
(b) The department may confirm the accuracy and veracity of thereport from any reliable sources of information concerning theadoptive family and child, including any governmental or privateagency that serves the area in which the child resides.
(c) If the report or information received by the departmentindicates a substantial change in the conditions that existed when theadoption subsidy agreement was signed, the department may, afternotice to the adoptive parent or parents, modify or discontinue theadoption subsidy payments provided in the agreement.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-9
Limits on term of adoption subsidy agreement Sec. 9. (a) Except as provided in this section, the term of anyadoption subsidy agreement under this chapter, including anyextension of the original term, ends when any of the following eventsoccurs:
(1) The child becomes eighteen (18) years of age.
(2) The child becomes emancipated.
(3) The adoptive parent or parents are no longer providingfinancial support to the child.
(4) The child dies.
(5) The child's adoption is terminated.
(b) The department may continue the adoption subsidy payments,in amounts determined by agreement among the department, thechild, and the adoptive parents, during a time after the child becomeseighteen (18) years of age and before the child becomes twenty-one(21) years of age if:
(1) either:
(A) the child is enrolled in:
(i) a secondary school;
(ii) a public or private institution of higher education; or
(iii) a course of career or technical education leading togainful employment; or
(B) the child needs continuing support and assistance for aphysical, a medical, a mental, or an emotional condition thatlimits or prevents the child from becoming self-supporting;and
(2) the adoptive parent or parents:
(A) provide the principal source of financial support for thechild's room, board, medical care, and other necessary livingexpenses; and
(B) are entitled to claim the child as a dependent on theirfederal or state income tax return or returns for the year inwhich the continued subsidy payments are made.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-10
Adoption assistance account
Sec. 10. An adoption assistance account is established within thestate general fund for the purpose of funding adoption subsidypayments under this chapter and the state's share of adoptionassistance payments under 42 U.S.C. 673. The account consists of:
(1) amounts specifically appropriated to the department by thegeneral assembly for adoption assistance;
(2) amounts allocated by the department to the adoptionassistance account from the funds available to the department;and
(3) any other amounts contributed or paid to the department foradoption assistance under this chapter.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-11 Priority for payments required by court orders
Sec. 11. (a) In determining the availability of funds in theadoption assistance account for payments of adoption subsidiesunder this chapter, the department shall give priority to paymentsrequired by court orders for county adoption subsidies entered underIC 31-19-26 (before its repeal).
(b) The provisions of this chapter applicable to continuation,modification, or termination of adoption subsidy payments shallapply after January 1, 2009, to county adoption subsidy ordersentered under IC 31-19-26 (before its repeal).
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-12
Adoption of rules
Sec. 12. The department shall adopt rules under IC 4-22-2, asneeded, to carry out this chapter. The rules must include at least thefollowing subjects:
(1) The application and determination process for subsidies orother assistance provided under this chapter.
(2) The standards for determination of a child with specialneeds.
(3) The process for determining the duration, extension,modification, and termination of agreements, as provided insections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal ofdeterminations made by the department under this chapter.
(5) The procedure for determining availability of funds for newsubsidy agreements and continuation of existing agreements ororders under this chapter and IC 31-19-26 (before its repeal),including any funding limitations or priorities as provided insections 4 and 11 of this chapter.
As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-13
Applicability of chapter
Sec. 13. This chapter does not affect:
(1) the legal status of an adoptive child;
(2) the rights and responsibilities of the adoptive parents asprovided by law; or
(3) the eligibility of an adoptive child or adoptive parents foradoption assistance under Title IV-E of the Social Security Act(42 U.S.C. 673), federal and state regulations applicable to theTitle IV-E adoption assistance program, or determination of theamount of any assistance provided by the department throughthe Title IV-E adoption assistance program.
As added by P.L.146-2008, SEC.562.