Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.3.43 - SUBSIDIZED ADOPTIONSA. See Section 32A-5-43 through 32A-5-45 NMSA 1978.B. Purpose: Adoption subsidy is a program to assist families adopting a special needs child after they have exhausted the resources of private insurance, medicaid and other applicable assistance payments. All adoption subsidy ceases upon the child's eighteenth birthday.C. Types of subsidy: (1) Federal IV-E subsidy: An adoptee in the department's or an agency's custody may be eligible for federal IV-E subsidy pursuant to the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. 670 et seq.(2) State subsidy: A state-funded subsidy is only available for a special needs child in the department's custody when the adoptee is not eligible for federal IV-E subsidy and the adoptive family's financial circumstances meet the department's "means" test.D. Eligibility for federal IV-E subsidy:(1) Special needs required: To be eligible for adoption subsidy for ongoing assistance, medical assistance, special services or non-recurring expenses, the following is required: (a) the child cannot or should not be returned to the home of the parents;(b) there exists a specific factor or condition (such as the child's age, ethnic background, emotional, physical or mental disability, or membership in a minority or sibling group) making it reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance; and(c) except where it would be against the best interests of the child, a reasonable but unsuccessful effort has been made to place the child without adoption assistance.(2) Agency application for federal subsidy: The agency shall apply to the department for federal subsidy by contacting the department's central adoptions unit at the address specified in Section 11.2 [now Subsection B of 8.26.3.11 NMAC].E. Eligibility for state subsidy: Only children who are in the department's custody and are placed by the department are eligible for state subsidy.(1) The adoptee is eligible when the adoptee is relinquished, conditionally or unconditionally, to the department or the department has terminated the adoptee's parents' parental rights and the court has given custody of the adoptee to the department.(2) If a consent is executed, the adoptee is not eligible for subsidy because the child is not in the department's custody.(3) It has been determined that the adoptee has special needs as defined in Section 43.4.1 [now Paragraph (1) of Subsection D of 8.26.3.43 NMAC] and it has been established that the adoptive family is unable to meet these needs without financial assistance.(4) There shall be documentation of efforts to identify an adoptive family who could meet the child's special needs without subsidy, except where it would not be in the child's best interest.01/01/98; Recompiled 11/30/01