CHAPTER 29. INTERSTATE COMPACTS ON ADOPTION ASSISTANCE
IC 31-19-29
Chapter 29. Interstate Compacts on Adoption Assistance
IC 31-19-29-1
Legislative findings; purposes
Sec. 1. (a) The general assembly finds the following:
(1) Finding adoptive families for children, for whom stateassistance is desirable pursuant to 42 U.S.C. 673, and assuringthe protection of the interests of the children affected during theentire assistance period, require special measures when theadoptive parents move to other states or are residents of anotherstate.
(2) Provision of medical and other necessary services forchildren, with state assistance, encounters special difficultieswhen the provision of services takes place in other states.
(b) The purposes of this chapter are the following:
(1) Authorize the department to enter into interstate agreementswith agencies of other states for the protection of children onbehalf of whom adoption assistance is being provided by thedepartment.
(2) Provide procedures for interstate children's adoptionassistance payments, including medical payments.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,SEC.267.
IC 31-19-29-2
Authorization of the department to enter compacts; definitions
Sec. 2. (a) The department is authorized to develop, participate inthe development of, negotiate, and enter into one (1) or moreinterstate compacts on behalf of this state with other states toimplement one (1) or more of the purposes set forth in this chapter.When so entered into, and for so long as it shall remain in force, sucha compact shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean astate of the United States, the District of Columbia, theCommonwealth of Puerto Rico, the Virgin Islands, Guam, theCommonwealth of the Northern Mariana Islands, or a territory orpossession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistancestate" means the state that is signatory to an adoption assistanceagreement in a particular case.
(d) For the purposes of this chapter, the term "residence state"means the state of which the child is a resident by virtue of theresidence of the adoptive parents.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,SEC.268.
IC 31-19-29-3
Mandatory provisions
Sec. 3. A compact entered into pursuant to the authority conferred
by this chapter shall have the following content:
(1) A provision making it available for joinder by all states.
(2) A provision or provisions for withdrawal from the compactupon written notice to the parties, but with a period of one (1)year between the date of the notice and the effective date of thewithdrawal.
(3) A requirement that the protections afforded by or pursuantto the compact continue in force for the duration of the adoptionassistance and be applicable to all children and their adoptiveparents who on the effective date of the withdrawal arereceiving adoption assistance from a party state other than theone in which they are resident and have their principal place ofabode.
(4) A requirement that each instance of adoption assistance towhich the compact applies be covered by an adoption assistanceagreement in writing between the adoptive parents and the statechild welfare agency of the state which undertakes to providethe adoption assistance, and further, that any such agreement beexpressly for the benefit of the adopted child and enforceableby the adoptive parents, and the state agency providing theadoption assistance.
(5) Such other provisions as may be appropriate to implementthe proper administration of the compact.
As added by P.L.1-1997, SEC.11.
IC 31-19-29-4
Permissive provisions
Sec. 4. A compact entered into pursuant to the authority conferredby this chapter may contain provisions in addition to those requiredpursuant to section 3 of this chapter, as follows:
(1) Provisions establishing procedures and entitlements tomedical, developmental, child care, or other social services forthe child in accordance with applicable laws, even though thechild and the adoptive parents are in a state other than the oneresponsible for or providing the services or the funds to defraypart or all of the costs thereof.
(2) Such other provisions as may be appropriate or incidental tothe proper administration of the compact.
As added by P.L.1-1997, SEC.11.
IC 31-19-29-5
Medical assistance identification; conditions; payment of benefits;nonresidents; rules; violations
Sec. 5. (a) A child with special needs resident in this state who isthe subject of an adoption assistance agreement with another stateshall be entitled to receive a medical assistance identification fromthis state upon the filing in the county office of family and childrenfor the county in which the child resides of a certified copy of theadoption assistance agreement obtained from the adoption assistancestate. In accordance with rules of the department, the adoptive
parents shall be required at least annually to show that the agreementis still in force or has been renewed.
(b) The department shall consider the holder of a medicalassistance identification pursuant to this section as any other holderof a medical assistance identification under the laws of this state andshall process and make payment on claims on account of such holderin the same manner and pursuant to the same conditions andprocedures as for other recipients of medical assistance.
(c) The department shall provide coverage and benefits for a childwho is in another state and who is covered by an adoption assistanceagreement made by the department for the coverage or benefits, ifany, not provided by the residence state. To this end, the adoptiveparents acting for the child may submit evidence of payment forservices or benefit amounts not payable in the residence state andshall be reimbursed therefor. However, there shall be noreimbursement for services or benefit amounts covered under anyinsurance or other third party medical contract or arrangement heldby the child or the adoptive parents. The department shall adopt rulesimplementing this subsection. The additional coverages and benefitamounts provided pursuant to this subsection shall be for services tothe cost of which there is no federal contribution, or which, iffederally aided, are not provided by the residence state. Among otherthings, such rules shall include procedures to be followed inobtaining prior approvals for services in those instances whererequired for the assistance.
(d) A person who submits any claim for payment orreimbursement for services or benefits pursuant to this section ormakes any statement in connection therewith, which claim orstatement the maker knows or should know to be false, misleading,or fraudulent commits a Class D felony.
(e) The provisions of this section shall apply only to medicalassistance for children under adoption assistance agreements fromstates that have entered into a compact with this state under whichthe other state provides medical assistance to children with specialneeds under adoption assistance agreements made by this state. Allother children entitled to medical assistance pursuant to adoptionassistance agreements entered into by this state shall be eligible toreceive it in accordance with the laws and procedures applicablethereto.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,SEC.269.
IC 31-19-29-6
Federal aid
Sec. 6. Consistent with federal law, the department in connectionwith the administration of this chapter and any compact pursuanthereto shall include in any state plan made pursuant to the federalAdoption Assistance and Child Welfare Act of 1980 (P.L.96-272),Title IV-E and Title XIX of the federal Social Security Act, and anyother applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays someor all of the cost. The department shall apply for and administer allrelevant federal aid in accordance with law.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,SEC.270.