N.M. Code R. § 8.26.2.25

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.26.2.25 - ADOPTION ASSISTANCE

A. The purpose of adoption assistance is to support the adoption of a child in foster care who meets special-needs criteria by providing financial assistance or medical coverage to support families in meeting the needs of the child. PSD verifies whether a child has special needs according to the following criteria:

(1) the child cannot or should not be returned to the home of the parents;

(2) there is documentation of at least one of the following factors or conditions that make it reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance:

(a) the child is age five or older, or

(b) the child has a diagnosed physical, developmental, or psychological or emotional condition requiring medical or mental health intervention, or

(c) the child is a member of a minority group, or

(d) the child is part of a sibling group that will be placed together; and

(3) a reasonable, but unsuccessful, effort has been made to place the child without adoption assistance, unless such effort would be against the best interests of the child

B. A child may be eligible for state funded adoption assistance or Title IV-E adoption assistance. If a child is not determined to meet special needs criteria, then the child shall not be eligible for any adoption assistance.

C. Initial adoption agreement:

(1) PSD shall negotiate adoption assistance based on the family's circumstances and any special needs of the child. The monthly adoption maintenance payment may not exceed the maximum monthly amount that was paid for the child in foster care.

(2) Types of assistance available:

(a) Maintenance: Monthly adoption assistance maintenance payments for the eligible child shall be utilized to meet the child's existing day to day needs and is not considered income. Monthly adoption assistance maintenance payments are terminated on the child's eighteenth birthday.

(b) Medical: Medical adoption assistance may be made on behalf of a child and shall cover only those pre-approved, pre-existing conditions that are not covered by the family's private or group medical insurance or medicaid, and does not include co-payments or deductibles for which the patient is responsible. Medicaid is available in accordance with the laws, regulations or procedures of the state in which the child resides. Medical assistance may be extended until the child is 21 years of age, if the child is certified medically fragile by the New Mexico department of health.

(3) Interstate placement: When the adoption of the child involves interstate placement, the state that enters into the adoption assistance agreement shall be responsible for paying the non-recurring adoption expenses of the child. In cases in which there is interstate placement, but no agreement for adoption assistance, the state in which the final adoption decree is issued shall be responsible for paying the non-recurring expenses if the child meets the requirements.

(4) With placement worker approval, the adoptive family may be reimbursed for non-recurring adoption expenses (NRAE) up to $2000.00 per child in PSD custody. NRAE may include transportation and other reasonable expenses such as lodging and food for the child and adoptive parents that are not otherwise reimbursed. NRAE are not reimbursable in the event the adoption does not finalize. There is no income eligibility requirement for adoptive parents in determining whether payments for non-recurring expenses of adoption shall be made. However, parents cannot be reimbursed for out-of-pocket expenses for which they have otherwise been reimbursed.

(5) An adoptive family may receive a one-time only subsidy for legal services leading to the finalization of an adoption based on the adoption case regardless of number of siblings.

D. Prior to adoption finalization, the placement worker and the adoptive family shall sign the adoption assistance agreement that specifies adoption assistance and NRAE. Each Title IV-E subsidy agreement shall be completed and signed prior to the adoption finalization to be valid.

E. By signing the adoption assistance agreement, the adoptive parent agrees to immediately notify PSD of any of the changes listed below:

(1) the adoptive parent is no longer legally responsible for the child;

(2) the adoptive parent is no longer financially responsible for the child;

(3) change of address, phone numbers, or email addresses;

(4) change in the child's name and social security number;

(5) change in the family's needs or circumstances;

(6) change in electronic funds deposit information;

(7) the adoptive child no longer lives with the adoptive parents; or

(8) the death of an adoptive child.

F. Annual contact: On an annual basis PSD shall provide the adoptive family a form to complete and return to PSD attesting to the following:

(1) the family continues to have financial and legal responsibility for the child; or

(2) that the adopted child is a full time elementary or secondary student (or has completed secondary school). If the child is incapable of attending school on a full time basis due to medical condition, the adoptive parent must submit to PSD regularly updated medical information to support such incapability. The parent must certify one of the following:

(a) that the child is enrolled (or is in a timely process of enrolling) in an institution that provides elementary or secondary education and meets school attendance requirements in accordance with state law;

(b) that the child is being home schooled in an elementary or secondary school program that complies with state law; or

(c) that the child is in an independent study elementary or secondary school program that complies with state law and is administered by the local school or school district.

(3) the child is or is not covered by private medical insurance.

G. Adoption assistance shall be terminated based upon any of the following events:

(1) the child reaches 18 years of age, except in the event of medically fragile certification;

(2) PSD determines that the adoptive family is no longer legally responsible for the child; or

(3) PSD determines that the adoptive family is no longer providing any support to the child.

H. PSD shall notify the adoptive family in writing, by return of receipt mail, of any decision to reduce, change, suspend or terminate an adoption subsidy. The adoptive parent may request an administrative appeal within 10 days of receiving notification of the decision to reduce, change, suspend or terminate adoption subsidy.

N.M. Code R. § 8.26.2.25

8.26.2.25 NMAC - Rp, 8.26.2.20 NMAC, 5/29/09, Amended and Renumbered from 8.26.2.24 by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021