IC 31-19-26.5-1 "Adoption subsidy"
Sec. 1. As used in this chapter, "adoption subsidy" means
payments by the department to an adoptive parent of a child with
special needs to assist with the cost of care of the child:
(1) after a final decree of adoption of the child has been entered
under IC 31-19-11; and
(2) during the time the child is residing with and supported by
the 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" means
a child who:
(1) is a hard to place child; and
(2) meets the requirements of a special needs child, as specified
in 42 U.S.C. 673(c) and the rules of the department applicable
to 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 subsidy
under this chapter for the benefit of a child with special needs if the
department has:
(1) either:
(A) entered into a written agreement with the adoptive
parent or parents, before or at the time the court enters a
final decree of adoption under IC 31-19-11-1, that specifies
the amount, terms, and conditions of the adoption assistance
payments; or
(B) received a written final order in an administrative appeal
in accordance with section 12(4) of this chapter concluding
that the adoptive parents are eligible for a subsidy payable
under this chapter and determining the appropriate subsidy
amount;
(2) determined that sufficient funds are available in the
adoption assistance account of the state general fund, and can
reasonably be anticipated to be available in that account during
the term of the agreement or order, to make the payments as
specified in the agreement or order; and
(3) determined that the child is not eligible for adoption
assistance 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 not
or will not be available in the adoption assistance account established
under this chapter to make adoption subsidy payments to adoptive
parents of all children who may be eligible for a subsidy payable
under this chapter, the department may, in accordance with
procedures established by rules:
(1) approve new adoption subsidy agreements only for the
benefit of children for whom the department has wardship
responsibility at the time the adoption petition is filed; or
(2) give priority to funding new adoption subsidy agreements
for children for whom the department has had wardship
responsibility. 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 this
chapter may not exceed the amount that would be payable by the
department for the monthly cost of care of the adopted child in a
foster 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 payments
determined under section 3 of this chapter, the department may make
additional payments for medical or psychological care or treatment
of the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or in
part on a physical, a mental, an emotional, or a medical
condition that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed or
events that occurred before the filing of the adoption
petition;
as determined by a physician or psychologist licensed in
Indiana.
(2) The child's adoptive parent has applied to the department, in
the form and manner specified by the department, for assistance
in payment of the cost of special services that the child needs to
remedy or ameliorate the condition or conditions identified in
subdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered by
either:
(i) private health insurance available to the child or
adoptive parent; or
(ii) the Medicaid program in Indiana or the state where the
child currently resides; and
(B) payment of the cost of the required services without
assistance will cause a significant financial burden and
hardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistance
account to cover the cost of additional assistance provided
under this section.
(b) A determination by the department under this section is not
subject to administrative review or appeal, unless specifically
authorized by rule of the department under section 12(4) of this
chapter, 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, a
mental, or an emotional condition that existed before the filing
of the adoption petition; and
(2) the beneficiary of an agreement for adoption subsidy under
this 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 adoption
subsidy payments
Sec. 8. (a) As a condition for continuation of subsidy payments
under the agreement, the department may require the adoptive
parents to submit a verified report, annually or at a time or times
specified 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 the
department or the agreement.
(b) The department may confirm the accuracy and veracity of the
report from any reliable sources of information concerning the
adoptive family and child, including any governmental or private
agency that serves the area in which the child resides.
(c) If the report or information received by the department
indicates a substantial change in the conditions that existed when the
adoption subsidy agreement was signed, the department may, after
notice to the adoptive parent or parents, modify or discontinue the
adoption 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 any
adoption subsidy agreement under this chapter, including any
extension of the original term, ends when any of the following events
occurs:
(1) The child becomes eighteen (18) years of age.
(2) The child becomes emancipated.
(3) The adoptive parent or parents are no longer providing
financial 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, the
child, and the adoptive parents, during a time after the child becomes
eighteen (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 to
gainful employment; or
(B) the child needs continuing support and assistance for a
physical, a medical, a mental, or an emotional condition that
limits or prevents the child from becoming self-supporting;
and
(2) the adoptive parent or parents:
(A) provide the principal source of financial support for the
child's room, board, medical care, and other necessary living
expenses; and
(B) are entitled to claim the child as a dependent on their
federal or state income tax return or returns for the year in
which 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 the
state general fund for the purpose of funding adoption subsidy
payments under this chapter and the state's share of adoption
assistance payments under 42 U.S.C. 673. The account consists of:
(1) amounts specifically appropriated to the department by the
general assembly for adoption assistance;
(2) amounts allocated by the department to the adoption
assistance account from the funds available to the department;
and
(3) any other amounts contributed or paid to the department for
adoption 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 the
adoption assistance account for payments of adoption subsidies
under this chapter, the department shall give priority to payments
required by court orders for county adoption subsidies entered under
IC 31-19-26 (before its repeal).
(b) The provisions of this chapter applicable to continuation,
modification, or termination of adoption subsidy payments shall
apply after January 1, 2009, to county adoption subsidy orders
entered 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, as
needed, to carry out this chapter. The rules must include at least the
following subjects:
(1) The application and determination process for subsidies or
other assistance provided under this chapter.
(2) The standards for determination of a child with special
needs.
(3) The process for determining the duration, extension,
modification, and termination of agreements, as provided in
sections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal of
determinations made by the department under this chapter.
(5) The procedure for determining availability of funds for new
subsidy agreements and continuation of existing agreements or
orders under this chapter and IC 31-19-26 (before its repeal),
including any funding limitations or priorities as provided in
sections 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 as
provided by law; or
(3) the eligibility of an adoptive child or adoptive parents for
adoption assistance under Title IV-E of the Social Security Act
(42 U.S.C. 673), federal and state regulations applicable to the
Title IV-E adoption assistance program, or determination of the
amount of any assistance provided by the department through
the Title IV-E adoption assistance program. As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-1 "Adoption subsidy"
Sec. 1. As used in this chapter, "adoption subsidy" means
payments by the department to an adoptive parent of a child with
special needs to assist with the cost of care of the child:
(1) after a final decree of adoption of the child has been entered
under IC 31-19-11; and
(2) during the time the child is residing with and supported by
the 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" means
a child who:
(1) is a hard to place child; and
(2) meets the requirements of a special needs child, as specified
in 42 U.S.C. 673(c) and the rules of the department applicable
to 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 subsidy
under this chapter for the benefit of a child with special needs if the
department has:
(1) either:
(A) entered into a written agreement with the adoptive
parent or parents, before or at the time the court enters a
final decree of adoption under IC 31-19-11-1, that specifies
the amount, terms, and conditions of the adoption assistance
payments; or
(B) received a written final order in an administrative appeal
in accordance with section 12(4) of this chapter concluding
that the adoptive parents are eligible for a subsidy payable
under this chapter and determining the appropriate subsidy
amount;
(2) determined that sufficient funds are available in the
adoption assistance account of the state general fund, and can
reasonably be anticipated to be available in that account during
the term of the agreement or order, to make the payments as
specified in the agreement or order; and
(3) determined that the child is not eligible for adoption
assistance 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 not
or will not be available in the adoption assistance account established
under this chapter to make adoption subsidy payments to adoptive
parents of all children who may be eligible for a subsidy payable
under this chapter, the department may, in accordance with
procedures established by rules:
(1) approve new adoption subsidy agreements only for the
benefit of children for whom the department has wardship
responsibility at the time the adoption petition is filed; or
(2) give priority to funding new adoption subsidy agreements
for children for whom the department has had wardship
responsibility. 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 this
chapter may not exceed the amount that would be payable by the
department for the monthly cost of care of the adopted child in a
foster 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 payments
determined under section 3 of this chapter, the department may make
additional payments for medical or psychological care or treatment
of the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or in
part on a physical, a mental, an emotional, or a medical
condition that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed or
events that occurred before the filing of the adoption
petition;
as determined by a physician or psychologist licensed in
Indiana.
(2) The child's adoptive parent has applied to the department, in
the form and manner specified by the department, for assistance
in payment of the cost of special services that the child needs to
remedy or ameliorate the condition or conditions identified in
subdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered by
either:
(i) private health insurance available to the child or
adoptive parent; or
(ii) the Medicaid program in Indiana or the state where the
child currently resides; and
(B) payment of the cost of the required services without
assistance will cause a significant financial burden and
hardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistance
account to cover the cost of additional assistance provided
under this section.
(b) A determination by the department under this section is not
subject to administrative review or appeal, unless specifically
authorized by rule of the department under section 12(4) of this
chapter, 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, a
mental, or an emotional condition that existed before the filing
of the adoption petition; and
(2) the beneficiary of an agreement for adoption subsidy under
this 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 adoption
subsidy payments
Sec. 8. (a) As a condition for continuation of subsidy payments
under the agreement, the department may require the adoptive
parents to submit a verified report, annually or at a time or times
specified 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 the
department or the agreement.
(b) The department may confirm the accuracy and veracity of the
report from any reliable sources of information concerning the
adoptive family and child, including any governmental or private
agency that serves the area in which the child resides.
(c) If the report or information received by the department
indicates a substantial change in the conditions that existed when the
adoption subsidy agreement was signed, the department may, after
notice to the adoptive parent or parents, modify or discontinue the
adoption 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 any
adoption subsidy agreement under this chapter, including any
extension of the original term, ends when any of the following events
occurs:
(1) The child becomes eighteen (18) years of age.
(2) The child becomes emancipated.
(3) The adoptive parent or parents are no longer providing
financial 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, the
child, and the adoptive parents, during a time after the child becomes
eighteen (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 to
gainful employment; or
(B) the child needs continuing support and assistance for a
physical, a medical, a mental, or an emotional condition that
limits or prevents the child from becoming self-supporting;
and
(2) the adoptive parent or parents:
(A) provide the principal source of financial support for the
child's room, board, medical care, and other necessary living
expenses; and
(B) are entitled to claim the child as a dependent on their
federal or state income tax return or returns for the year in
which 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 the
state general fund for the purpose of funding adoption subsidy
payments under this chapter and the state's share of adoption
assistance payments under 42 U.S.C. 673. The account consists of:
(1) amounts specifically appropriated to the department by the
general assembly for adoption assistance;
(2) amounts allocated by the department to the adoption
assistance account from the funds available to the department;
and
(3) any other amounts contributed or paid to the department for
adoption 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 the
adoption assistance account for payments of adoption subsidies
under this chapter, the department shall give priority to payments
required by court orders for county adoption subsidies entered under
IC 31-19-26 (before its repeal).
(b) The provisions of this chapter applicable to continuation,
modification, or termination of adoption subsidy payments shall
apply after January 1, 2009, to county adoption subsidy orders
entered 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, as
needed, to carry out this chapter. The rules must include at least the
following subjects:
(1) The application and determination process for subsidies or
other assistance provided under this chapter.
(2) The standards for determination of a child with special
needs.
(3) The process for determining the duration, extension,
modification, and termination of agreements, as provided in
sections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal of
determinations made by the department under this chapter.
(5) The procedure for determining availability of funds for new
subsidy agreements and continuation of existing agreements or
orders under this chapter and IC 31-19-26 (before its repeal),
including any funding limitations or priorities as provided in
sections 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 as
provided by law; or
(3) the eligibility of an adoptive child or adoptive parents for
adoption assistance under Title IV-E of the Social Security Act
(42 U.S.C. 673), federal and state regulations applicable to the
Title IV-E adoption assistance program, or determination of the
amount of any assistance provided by the department through
the Title IV-E adoption assistance program. As added by P.L.146-2008, SEC.562.
IC 31-19-26.5-1 "Adoption subsidy"
Sec. 1. As used in this chapter, "adoption subsidy" means
payments by the department to an adoptive parent of a child with
special needs to assist with the cost of care of the child:
(1) after a final decree of adoption of the child has been entered
under IC 31-19-11; and
(2) during the time the child is residing with and supported by
the 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" means
a child who:
(1) is a hard to place child; and
(2) meets the requirements of a special needs child, as specified
in 42 U.S.C. 673(c) and the rules of the department applicable
to 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 subsidy
under this chapter for the benefit of a child with special needs if the
department has:
(1) either:
(A) entered into a written agreement with the adoptive
parent or parents, before or at the time the court enters a
final decree of adoption under IC 31-19-11-1, that specifies
the amount, terms, and conditions of the adoption assistance
payments; or
(B) received a written final order in an administrative appeal
in accordance with section 12(4) of this chapter concluding
that the adoptive parents are eligible for a subsidy payable
under this chapter and determining the appropriate subsidy
amount;
(2) determined that sufficient funds are available in the
adoption assistance account of the state general fund, and can
reasonably be anticipated to be available in that account during
the term of the agreement or order, to make the payments as
specified in the agreement or order; and
(3) determined that the child is not eligible for adoption
assistance 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 not
or will not be available in the adoption assistance account established
under this chapter to make adoption subsidy payments to adoptive
parents of all children who may be eligible for a subsidy payable
under this chapter, the department may, in accordance with
procedures established by rules:
(1) approve new adoption subsidy agreements only for the
benefit of children for whom the department has wardship
responsibility at the time the adoption petition is filed; or
(2) give priority to funding new adoption subsidy agreements
for children for whom the department has had wardship
responsibility. 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 this
chapter may not exceed the amount that would be payable by the
department for the monthly cost of care of the adopted child in a
foster 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 payments
determined under section 3 of this chapter, the department may make
additional payments for medical or psychological care or treatment
of the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or in
part on a physical, a mental, an emotional, or a medical
condition that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed or
events that occurred before the filing of the adoption
petition;
as determined by a physician or psychologist licensed in
Indiana.
(2) The child's adoptive parent has applied to the department, in
the form and manner specified by the department, for assistance
in payment of the cost of special services that the child needs to
remedy or ameliorate the condition or conditions identified in
subdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered by
either:
(i) private health insurance available to the child or
adoptive parent; or
(ii) the Medicaid program in Indiana or the state where the
child currently resides; and
(B) payment of the cost of the required services without
assistance will cause a significant financial burden and
hardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistance
account to cover the cost of additional assistance provided
under this section.
(b) A determination by the department under this section is not
subject to administrative review or appeal, unless specifically
authorized by rule of the department under section 12(4) of this
chapter, 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, a
mental, or an emotional condition that existed before the filing
of the adoption petition; and
(2) the beneficiary of an agreement for adoption subsidy under
this 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 adoption
subsidy payments
Sec. 8. (a) As a condition for continuation of subsidy payments
under the agreement, the department may require the adoptive
parents to submit a verified report, annually or at a time or times
specified 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 the
department or the agreement.
(b) The department may confirm the accuracy and veracity of the
report from any reliable sources of information concerning the
adoptive family and child, including any governmental or private
agency that serves the area in which the child resides.
(c) If the report or information received by the department
indicates a substantial change in the conditions that existed when the
adoption subsidy agreement was signed, the department may, after
notice to the adoptive parent or parents, modify or discontinue the
adoption 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 any
adoption subsidy agreement under this chapter, including any
extension of the original term, ends when any of the following events
occurs:
(1) The child becomes eighteen (18) years of age.
(2) The child becomes emancipated.
(3) The adoptive parent or parents are no longer providing
financial 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, the
child, and the adoptive parents, during a time after the child becomes
eighteen (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 to
gainful employment; or
(B) the child needs continuing support and assistance for a
physical, a medical, a mental, or an emotional condition that
limits or prevents the child from becoming self-supporting;
and
(2) the adoptive parent or parents:
(A) provide the principal source of financial support for the
child's room, board, medical care, and other necessary living
expenses; and
(B) are entitled to claim the child as a dependent on their
federal or state income tax return or returns for the year in
which 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 the
state general fund for the purpose of funding adoption subsidy
payments under this chapter and the state's share of adoption
assistance payments under 42 U.S.C. 673. The account consists of:
(1) amounts specifically appropriated to the department by the
general assembly for adoption assistance;
(2) amounts allocated by the department to the adoption
assistance account from the funds available to the department;
and
(3) any other amounts contributed or paid to the department for
adoption 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 the
adoption assistance account for payments of adoption subsidies
under this chapter, the department shall give priority to payments
required by court orders for county adoption subsidies entered under
IC 31-19-26 (before its repeal).
(b) The provisions of this chapter applicable to continuation,
modification, or termination of adoption subsidy payments shall
apply after January 1, 2009, to county adoption subsidy orders
entered 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, as
needed, to carry out this chapter. The rules must include at least the
following subjects:
(1) The application and determination process for subsidies or
other assistance provided under this chapter.
(2) The standards for determination of a child with special
needs.
(3) The process for determining the duration, extension,
modification, and termination of agreements, as provided in
sections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal of
determinations made by the department under this chapter.
(5) The procedure for determining availability of funds for new
subsidy agreements and continuation of existing agreements or
orders under this chapter and IC 31-19-26 (before its repeal),
including any funding limitations or priorities as provided in
sections 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 as
provided by law; or
(3) the eligibility of an adoptive child or adoptive parents for
adoption assistance under Title IV-E of the Social Security Act
(42 U.S.C. 673), federal and state regulations applicable to the
Title IV-E adoption assistance program, or determination of the
amount of any assistance provided by the department through
the Title IV-E adoption assistance program. As added by P.L.146-2008, SEC.562.
