Section 465 IAC 4-1-24 - Indiana adoption assistance program periodic payments and benefits; conditionsAuthority: IC 31-19-26.5-12; IC 31-25-2-18
Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-25-2-7
Sec. 24.
The forms of adoption assistance described in section 21 of this rule are subject to the following terms and conditions:
(1) The periodic payment amount under a Title IV-E adoption assistance agreement, or state adoption subsidy agreement, shall: (A) be negotiated between the department and the adoptive parent, taking into consideration the circumstances of the adoptive parent and the needs of the adoptive child;(B) not exceed the foster care maintenance payment rate that would have been paid on behalf of the child in foster care;(C) be paid to the adoptive parents at regular intervals determined by the department;(D) be subject to increase or decrease during the term of the agreement:(i) by agreement between the department and the adoptive parent, due to a change in the child's or family's circumstances; or(ii) in the discretion of the department, by a percentage equivalent to the percentage of any increase or decrease in the applicable foster care maintenance payment rate;(E) begin under any adoption assistance agreement after a copy of the final decree of adoption and the signed adoption assistance agreement are submitted to the department; and(F) be effective as of the date of entry of the final decree of adoption.(2) The department may unilaterally, without consent of the adoptive parent or amendment of the agreement, institute an across-the-board reduction of the state adoption subsidy payment amount specified in the adoption assistance agreement, if: (A) the department determines that the reduction is necessary due to the insufficiency of available funds; and(B) the state adoption subsidy agreement authorizes the department to make percentage reductions in the periodic payment. The department will send to the adoptive parent, not less than thirty (30) days before the effective date of any reduction of the periodic payment amount under this subdivision, a notice stating the effective date and amount of the reduced periodic payment, the reasons for the reduction, and the estimated time and conditions for expiration of the reduction.
(3) If the child is determined to be eligible for Medicaid, Medicaid coverage for the adoptive child under an adoption assistance agreement will begin when a copy of the final decree of adoption and the signed adoption assistance agreement are submitted to the department.(4) Medicaid benefits shall be provided in accordance with applicable provisions of 405 IAC.(5) Nonrecurring adoption expenses payable to an adoptive parent pursuant to a signed NRAE agreement shall not exceed the amount allowable by state or federal law per eligible child for whom an adoption assistance agreement has been signed.(6) A request for payment of nonrecurring adoption expenses pursuant to a signed NRAE agreement must be submitted to the department in the manner prescribed by the department no later than two (2) years after:(A) entry of the final decree of adoption; or(B) if a final decree of adoption is not entered, the earlier of: (i) notice to the department of a decision not to proceed with the adoption; or(ii) the filing of a motion to dismiss a petition for adoption.Department of Child Services; 465 IAC 4-1-24; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA