Section 479-8-006 - ADOPTION ASSISTANCE AGREEMENTS WHEN MOVING FROM GUARDIANSHIP TO ADOPTION006.01APPROVAL BEFORE ADOPTION DECREE. The Adoption Assistance Agreement must be signed by the Adoptive Parent(s) and DHHS prior to the date of adoption. If two individuals are adopting a child, both individuals must sign the agreement. The adoption must occur within six months of the Adoption Assistance Agreement being signed by all parties. If the adoption does not occur within the six month time frame, the Adoption Assistance Agreement is no longer valid and a new application must be submitted by the Adoptive Parent(s).006.02ADOPTION ASSISTANCE APPLICATION. An application for an Adoption Assistance Agreement must be submitted by the Adoptive Parent(s) prior to finalization of the adoption. Eligibility will be determined based on the factors set forth in this section.006.03ELIGIBILITY. To be eligible for an Adoption Assistance Agreement under this section: (A) The child that is the subject of the Adoption Assistance Agreement must be the subject of a subsidized guardianship agreement or guardianship assistance agreement with the Department at the time the adoption is finalized;(B) The child that is the subject of the Adoption Assistance Agreement will be adopted by an individual who signed the subsidized guardianship agreement or guardianship assistance agreement; and(C) The Adoptive Parents meet the criteria set forth in the criminal records check section of this chapter.006.04PARENT ELIGIBILITY. A parent is not eligible for an Adoption Assistance Agreement on behalf of his or her child, even if parental rights have been terminated or relinquished. A stepparent is not eligible for an adoption assistance agreement on behalf of his or her stepchild.006.05ADOPTION ASSISTANCE AGREEMENT PROVISIONS. The provisions of the Adoption Assistance Agreement will be the same provisions included in the guardianship assistance agreement or guardianship subsidy, except any provision related to Medicaid. A child's eligibility for Medicaid will be determined based on Nebraska Medicaid laws and regulations. An Adoption Assistance Agreement may include one or more of the following:(1) An adoption assistance payment as set forth in the guardianship assistance agreement or guardianship subsidy. In no case may the amount of the adoption assistance payment exceed the foster care maintenance payment which would have been paid by the Department if the child with respect to whom the adoption assistance payment is made had been in a foster family home;(2) Special services payments made for a specific service or item if it is a provision included in the active guardianship agreement; or(3) Non-recurring adoption expenses, including but not limited to: (a) Legal fees directly related to the adoption of the child; or(b) Funeral assistance if it is a provision included in the active guardianship agreement. 006.05(A)DEDUCTIONS FROM PAYMENTS. Any other maintenance payments received for the child, such as Social Security Disability Insurance benefits or survivor benefits, Supplemental Security Income, Veteran's Administration benefits or Aid to Dependent Children benefits, will be deducted from the agreed to adoption assistance payment.006.05(B)USE OF ASSISTANCE. An Adoptive Parent who receives an adoption assistance payment shall use the adoption assistance payment for the benefit of the child. The Department will consider use of the adoption assistance payment on the following supports and services as using the payment for the benefit of the child: (i) Child support payments;(vi) Housing, other than maintenance of the guardian's home;(x) Other services and supports the Department determines will help the child transition into adulthood.006.06GOVERENED BY PRIOR SECTION. When a child is eligible for an Adoption Assistance Agreement under this section, once the Adoption Assistance Agreement and adoption are finalized, the agreement will become subject to all regulations in this chapter governing Adoption Assistance Agreements for children in the custody of the Department, unless otherwise set forth in this section.479 Neb. Admin. Code, ch. 8, § 006
Adopted effective 9/4/2021