ADOPTION SUBSIDY

Regulation Authority:

42-35: 42-72-5

Purpose and Reason:

This rule has been amended in compliance with State Plan requirements under Title IV-E of the Social Security Act as amended by Federal law. This revised rule clarifies that in all cases a child must meet the definition of special needs to be eligible for adoption assistance, reduces the age from twelve (12) to nine (9) as a factor in determining that a child has special needs, provides that adoption subsidy payments terminate when a child reaches the age of eighteen (18) and that DCYF will assist families post-adoption with application for supplemental security income (SSI) benefits prior to the time that a child with a severe physical, emotional or mental disability reaches the age of eighteen (18), clarifies DCYF staff responsibilities in negotiating subsidy provisions with prospective adoptive parent, changes time frame for recertification of subsidy from annually to every two (2) years, provides that if a family moves out-of state and a needed service specified in the adoption subsidy agreement is not available in the new state of residence, the Department remains financially responsible to provide that service and clarifies language relating to Federal Title IV-E Adoption Assistance eligibility in accordance with federal law. The previous version of this policy, refiled 1/5/07, is superseded by this amended version. As a result of comments received, the final rule includes the following changes that were not part of the proposed rule: the Department will continue to provide subsidy until age 21 for a child who has a severe, pre-existing physical, emotional or mental disability or physical condition that is unlikely to change, and changes were made to reflect the current name of the DCYF unit that provides permanency supports.