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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 […]

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) […]

31-19-26.5-11. Priority for Payments Required by Court Orders

Sec. 11. (a) Subject to sections 3 and 10.5 of 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, […]

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 […]

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 […]

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.

31-19-26.5-3. Payment of Adoption Subsidies

Sec. 3. (a) Subject to section 4 of this chapter, the department shall 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 under section 10.5 of this chapter with the adoptive parent or parents, before […]

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 […]

31-19-26.5-5. Adoption Subsidy Amount

Sec. 5. (a) Subject to subsection (b), 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 the adoption subsidy agreement is made or the subsidy […]

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 […]

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, […]

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 […]