465 Ind. Admin. Code 4-1-30

Current through December 4, 2024

Section 465 IAC 4-1-30 - Termination of adoption assistance agreements

Authority: IC 31-19-26.5-12; IC 31-25-2-18

Affected: IC 5-9-4-1; IC 31-9-2-17.8; IC 31-19-26.5; IC 31-25-2-7; IC 31-35

Sec. 30.

(a) Unless the agreement is continued pursuant to section 32 of this rule, an adoption assistance agreement shall terminate effective on the date the adoptive child has attained eighteen (18) years of age.

(b) An adoption assistance agreement shall terminate upon the occurrence of any of the following events:

(1) The adoptive child becomes emancipated.

(2) The adoptive child commences active duty in the United States armed services or the national guard, as specified in IC 5-9-4-1(a)(2).

(3) The adoptive parent is no longer legally responsible for the care, supervision, or support of the adoptive child.

(4) The adoptive child dies.

(5) Each adoptive parent of the child has died.

(6) The adoptive child's adoption is terminated.

(7) The parent-child relationship between the adoptive child and each adoptive parent is terminated under IC 31-35, or comparable law in another state.

(c) For terminations pursuant to subsection (a), the department will provide notice of termination of an adoption assistance agreement to the adoptive parent at least ninety (90) days before the effective date of the action. The notice will include information and instructions concerning continuation eligibility and procedures under section 32 of this rule.

(d) For terminations pursuant to subsection (b), the department will provide notice of termination of an adoption assistance agreement to the adoptive parent within ten (10) days after receipt of notice of the occurrence. The notice shall include a statement of the reason or reasons for termination as determined by the department.

(e) The effective date of termination of an adoption assistance agreement under this section shall be the date of the occurrence of the applicable event.

(f) If the parent has received a payment attributable to a time after the effective date of termination, as determined under subsection (e), the parent shall be obligated to repay the amount of that payment to the department.

465 IAC 4-1-30

Department of Child Services; 465 IAC 4-1-30; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRA

Readopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA