Section 465 IAC 2-4-3 - Adoption assistanceAuthority: IC 12-13-5-3
Affected: IC 31-3-5
Sec. 3.
(a) The department shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs.(b) The adoption assistance, medical assistance, and other services and benefits to which this rule applies are those provided to children with special needs and their adoptive parents from the effective date of the adoption assistance agreement.(c) Every case of adoption assistance shall include a written adoption assistance agreement between the adoptive parents and the appropriate agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the assistance so provided as follows:(1) An express commitment that the assistance so provided shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance.(2) A provision setting forth with particularity the types of care and services toward which the adoption assistance state will make payments.(3) A commitment to make medical assistance available to the child in accordance with section 4 of this rule.(4) An express declaration that the agreement is for the benefit of the child, the adoptive parents, and the state and that it is enforceable by any or all of them.(5) The date or dates upon which each payment or other benefit provided thereunder is to commence, but in no event prior to the effective date of the adoption assistance agreement.(d) Any services or benefits provided for a child by the residence state and the adoption assistance state may be facilitated by the party states on each other's behalf. The personnel of the child welfare agencies of the party states will assist each other, as well as the beneficiaries of adoption assistance agreements, in assuring prompt and full access to all benefits expressly included in such agreements. It is further recognized and agreed that, in general, all children to whom adoption assistance agreements apply will be eligible for benefits under the child welfare, education, rehabilitation, mental health, and other programs of their state of residence on the same basis as other resident children.(e) Adoption assistance payments on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child were living in the state making the payments, except that the laws of the adoption assistance state may provide for the payment of higher amounts. Department of Child Services; 465 IAC 2-4-3; filed Jan 8, 1991, 3:15 p.m.: 14 IR 1049; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed November 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFAReadopted filed 10/10/2019, 10:42 a.m.: 20191106-IR-465190320RFA Transferred from the Division of Family Resources ( 470 IAC 3-5.3-3) to the Department of Child Services ( 465 IAC 2-4-3) by P.L. 234-2005, SECTION 195, effective July 1, 2005.