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 state
assistance is desirable pursuant to 42 U.S.C. 673, and assuring
the protection of the interests of the children affected during the
entire assistance period, require special measures when the
adoptive parents move to other states or are residents of another
state.
(2) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when 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 agreements
with agencies of other states for the protection of children on
behalf of whom adoption assistance is being provided by the
department.
(2) Provide procedures for interstate children's adoption
assistance 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 in
the development of, negotiate, and enter into one (1) or more
interstate compacts on behalf of this state with other states to
implement 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, such
a compact shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a
state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a territory or
possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance
state" means the state that is signatory to an adoption assistance
agreement 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 the
residence 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 compact
upon written notice to the parties, but with a period of one (1)
year between the date of the notice and the effective date of the
withdrawal.
(3) A requirement that the protections afforded by or pursuant
to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive
parents who on the effective date of the withdrawal are
receiving adoption assistance from a party state other than the
one in which they are resident and have their principal place of
abode.
(4) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state
child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be
expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the
adoption assistance.
(5) Such other provisions as may be appropriate to implement
the 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 conferred
by this chapter may contain provisions in addition to those required
pursuant to section 3 of this chapter, as follows:
(1) Provisions establishing procedures and entitlements to
medical, developmental, child care, or other social services for
the child in accordance with applicable laws, even though the
child and the adoptive parents are in a state other than the one
responsible for or providing the services or the funds to defray
part or all of the costs thereof.
(2) Such other provisions as may be appropriate or incidental to
the 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 is
the subject of an adoption assistance agreement with another state
shall be entitled to receive a medical assistance identification from
this state upon the filing in the county office of family and children
for the county in which the child resides of a certified copy of the
adoption assistance agreement obtained from the adoption assistance
state. In accordance with rules of the department, the adoptive
parents shall be required at least annually to show that the agreement
is still in force or has been renewed.
(b) The department shall consider the holder of a medical
assistance identification pursuant to this section as any other holder
of a medical assistance identification under the laws of this state and
shall process and make payment on claims on account of such holder
in the same manner and pursuant to the same conditions and
procedures as for other recipients of medical assistance.
(c) The department shall provide coverage and benefits for a child
who is in another state and who is covered by an adoption assistance
agreement made by the department for the coverage or benefits, if
any, not provided by the residence state. To this end, the adoptive
parents acting for the child may submit evidence of payment for
services or benefit amounts not payable in the residence state and
shall be reimbursed therefor. However, there shall be no
reimbursement for services or benefit amounts covered under any
insurance or other third party medical contract or arrangement held
by the child or the adoptive parents. The department shall adopt rules
implementing this subsection. The additional coverages and benefit
amounts provided pursuant to this subsection shall be for services to
the cost of which there is no federal contribution, or which, if
federally aided, are not provided by the residence state. Among other
things, such rules shall include procedures to be followed in
obtaining prior approvals for services in those instances where
required for the assistance.
(d) A person who submits any claim for payment or
reimbursement for services or benefits pursuant to this section or
makes any statement in connection therewith, which claim or
statement 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 medical
assistance for children under adoption assistance agreements from
states that have entered into a compact with this state under which
the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this state. All
other children entitled to medical assistance pursuant to adoption
assistance agreements entered into by this state shall be eligible to
receive it in accordance with the laws and procedures applicable
thereto. 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 connection
with the administration of this chapter and any compact pursuant
hereto shall include in any state plan made pursuant to the federal
Adoption Assistance and Child Welfare Act of 1980 (P.L.96-272),
Title IV-E and Title XIX of the federal Social Security Act, and any
other applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays some
or all of the cost. The department shall apply for and administer all
relevant federal aid in accordance with law. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.270.
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 state
assistance is desirable pursuant to 42 U.S.C. 673, and assuring
the protection of the interests of the children affected during the
entire assistance period, require special measures when the
adoptive parents move to other states or are residents of another
state.
(2) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when 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 agreements
with agencies of other states for the protection of children on
behalf of whom adoption assistance is being provided by the
department.
(2) Provide procedures for interstate children's adoption
assistance 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 in
the development of, negotiate, and enter into one (1) or more
interstate compacts on behalf of this state with other states to
implement 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, such
a compact shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a
state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a territory or
possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance
state" means the state that is signatory to an adoption assistance
agreement 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 the
residence 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 compact
upon written notice to the parties, but with a period of one (1)
year between the date of the notice and the effective date of the
withdrawal.
(3) A requirement that the protections afforded by or pursuant
to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive
parents who on the effective date of the withdrawal are
receiving adoption assistance from a party state other than the
one in which they are resident and have their principal place of
abode.
(4) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state
child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be
expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the
adoption assistance.
(5) Such other provisions as may be appropriate to implement
the 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 conferred
by this chapter may contain provisions in addition to those required
pursuant to section 3 of this chapter, as follows:
(1) Provisions establishing procedures and entitlements to
medical, developmental, child care, or other social services for
the child in accordance with applicable laws, even though the
child and the adoptive parents are in a state other than the one
responsible for or providing the services or the funds to defray
part or all of the costs thereof.
(2) Such other provisions as may be appropriate or incidental to
the 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 is
the subject of an adoption assistance agreement with another state
shall be entitled to receive a medical assistance identification from
this state upon the filing in the county office of family and children
for the county in which the child resides of a certified copy of the
adoption assistance agreement obtained from the adoption assistance
state. In accordance with rules of the department, the adoptive
parents shall be required at least annually to show that the agreement
is still in force or has been renewed.
(b) The department shall consider the holder of a medical
assistance identification pursuant to this section as any other holder
of a medical assistance identification under the laws of this state and
shall process and make payment on claims on account of such holder
in the same manner and pursuant to the same conditions and
procedures as for other recipients of medical assistance.
(c) The department shall provide coverage and benefits for a child
who is in another state and who is covered by an adoption assistance
agreement made by the department for the coverage or benefits, if
any, not provided by the residence state. To this end, the adoptive
parents acting for the child may submit evidence of payment for
services or benefit amounts not payable in the residence state and
shall be reimbursed therefor. However, there shall be no
reimbursement for services or benefit amounts covered under any
insurance or other third party medical contract or arrangement held
by the child or the adoptive parents. The department shall adopt rules
implementing this subsection. The additional coverages and benefit
amounts provided pursuant to this subsection shall be for services to
the cost of which there is no federal contribution, or which, if
federally aided, are not provided by the residence state. Among other
things, such rules shall include procedures to be followed in
obtaining prior approvals for services in those instances where
required for the assistance.
(d) A person who submits any claim for payment or
reimbursement for services or benefits pursuant to this section or
makes any statement in connection therewith, which claim or
statement 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 medical
assistance for children under adoption assistance agreements from
states that have entered into a compact with this state under which
the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this state. All
other children entitled to medical assistance pursuant to adoption
assistance agreements entered into by this state shall be eligible to
receive it in accordance with the laws and procedures applicable
thereto. 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 connection
with the administration of this chapter and any compact pursuant
hereto shall include in any state plan made pursuant to the federal
Adoption Assistance and Child Welfare Act of 1980 (P.L.96-272),
Title IV-E and Title XIX of the federal Social Security Act, and any
other applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays some
or all of the cost. The department shall apply for and administer all
relevant federal aid in accordance with law. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.270.
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 state
assistance is desirable pursuant to 42 U.S.C. 673, and assuring
the protection of the interests of the children affected during the
entire assistance period, require special measures when the
adoptive parents move to other states or are residents of another
state.
(2) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when 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 agreements
with agencies of other states for the protection of children on
behalf of whom adoption assistance is being provided by the
department.
(2) Provide procedures for interstate children's adoption
assistance 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 in
the development of, negotiate, and enter into one (1) or more
interstate compacts on behalf of this state with other states to
implement 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, such
a compact shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a
state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a territory or
possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance
state" means the state that is signatory to an adoption assistance
agreement 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 the
residence 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 compact
upon written notice to the parties, but with a period of one (1)
year between the date of the notice and the effective date of the
withdrawal.
(3) A requirement that the protections afforded by or pursuant
to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive
parents who on the effective date of the withdrawal are
receiving adoption assistance from a party state other than the
one in which they are resident and have their principal place of
abode.
(4) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state
child welfare agency of the state which undertakes to provide
the adoption assistance, and further, that any such agreement be
expressly for the benefit of the adopted child and enforceable
by the adoptive parents, and the state agency providing the
adoption assistance.
(5) Such other provisions as may be appropriate to implement
the 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 conferred
by this chapter may contain provisions in addition to those required
pursuant to section 3 of this chapter, as follows:
(1) Provisions establishing procedures and entitlements to
medical, developmental, child care, or other social services for
the child in accordance with applicable laws, even though the
child and the adoptive parents are in a state other than the one
responsible for or providing the services or the funds to defray
part or all of the costs thereof.
(2) Such other provisions as may be appropriate or incidental to
the 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 is
the subject of an adoption assistance agreement with another state
shall be entitled to receive a medical assistance identification from
this state upon the filing in the county office of family and children
for the county in which the child resides of a certified copy of the
adoption assistance agreement obtained from the adoption assistance
state. In accordance with rules of the department, the adoptive
parents shall be required at least annually to show that the agreement
is still in force or has been renewed.
(b) The department shall consider the holder of a medical
assistance identification pursuant to this section as any other holder
of a medical assistance identification under the laws of this state and
shall process and make payment on claims on account of such holder
in the same manner and pursuant to the same conditions and
procedures as for other recipients of medical assistance.
(c) The department shall provide coverage and benefits for a child
who is in another state and who is covered by an adoption assistance
agreement made by the department for the coverage or benefits, if
any, not provided by the residence state. To this end, the adoptive
parents acting for the child may submit evidence of payment for
services or benefit amounts not payable in the residence state and
shall be reimbursed therefor. However, there shall be no
reimbursement for services or benefit amounts covered under any
insurance or other third party medical contract or arrangement held
by the child or the adoptive parents. The department shall adopt rules
implementing this subsection. The additional coverages and benefit
amounts provided pursuant to this subsection shall be for services to
the cost of which there is no federal contribution, or which, if
federally aided, are not provided by the residence state. Among other
things, such rules shall include procedures to be followed in
obtaining prior approvals for services in those instances where
required for the assistance.
(d) A person who submits any claim for payment or
reimbursement for services or benefits pursuant to this section or
makes any statement in connection therewith, which claim or
statement 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 medical
assistance for children under adoption assistance agreements from
states that have entered into a compact with this state under which
the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this state. All
other children entitled to medical assistance pursuant to adoption
assistance agreements entered into by this state shall be eligible to
receive it in accordance with the laws and procedures applicable
thereto. 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 connection
with the administration of this chapter and any compact pursuant
hereto shall include in any state plan made pursuant to the federal
Adoption Assistance and Child Welfare Act of 1980 (P.L.96-272),
Title IV-E and Title XIX of the federal Social Security Act, and any
other applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays some
or all of the cost. The department shall apply for and administer all
relevant federal aid in accordance with law. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.270.
