Or. Admin. Code § 413-130-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-130-0040 - Eligibility for an Adoption Assistance Payment

(1) In determining eligibility for an adoption assistance payment, the Department may not impose an income eligibility requirement for the pre-adoptive family or adoptive family.

(2) To be eligible for a Title IV-E funded adoption assistance payment, a child must meet all of the following requirements.

(a) Be a citizen of the United States or a Qualified Non US Citizen as described in OAR 413-100-0210(2), and in 8 USC 1641(b) or (c).

(b) When the child is a Qualified Non US Citizen and is placed with a pre-adoptive parent who is an Unqualified Non-Citizen, the child must meet the five year residency requirement set forth in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193.

(c) Be determined eligible for Title IV-E adoption assistance under OAR 413-100-0335.

(3) A licensed adoption agency, participating tribe, or another individual applying to receive adoption assistance on behalf of a child determined to have special needs must make all requested efforts to assist the Department in establishing Title IV-E eligibility.

(4) Except as provided in section (4) of this rule, a child determined to be ineligible for a Title IV-E adoption assistance payment is eligible for a state-funded adoption assistance payment when the child meets all of the following criteria.

(a) Is in the legal custody of:

(A) The Department;

(B) A participating tribe; or

(C) A licensed adoption agency and the child is placed with a family residing in Oregon.

(D) A court ordered guardian who is receiving guardianship assistance through the Department.

(E) A pre-adoptive parent when:

(b) A child whose adoptive parent, who was receiving adoption assistance from the Department, relinquishes their parent rights directly to a pre-adoptive family residing in Oregon; or

(c) A child whose parent is deceased, who was receiving adoption assistance from the Department, who is being re-adopted by a family residing in Oregon.

(d) Is determined to have special needs in accordance with OAR 413-130-0020.

(e) Meets the requirements in section (6) of this rule.

(5) A child relinquished by a parent directly to a family residing in Oregon who is not eligible for a Title IV-E funded adoption assistance payment is only eligible for a state funded adoption assistance payment when:

(a) A child currently receiving guardianship assistance from the Department and being adopted by the guardian resource or a state funded adoption assistance agreement was previously in effect on behalf of the child; and

(b) The pre-adoptive family or adoptive family is not eligible for or receiving adoption assistance for the same child through another state;

(c) A child currently receiving guardianship assistance from the Department and being adopted by the guardian resource.

(d) The child is in a subsequent adoption; and

(e) The child meets the requirements in section (6) of this rule.

(6) In addition to the eligibility requirements in section (4) or (5) of this rule, a child must also be a citizen of the United States to receive a state funded adoption assistance payment when the child is being brought into the United States for the purpose of adoption or being placed outside of the United States, or a territory or possession thereof.

(7) When an adopted child becomes legally free for re-adoption due to the voluntary relinquishment of parental rights, the termination of the rights of the legal parent or parents, or the death of the legal parent or parents:

(a) The child must be determined to have special needs under OAR 413-130-0020 at the time the child again becomes available for adoption; and

(b) The determination of funding eligibility of the adopted child for adoption assistance remains as it was the last time the child was determined eligible for adoption assistance.

Or. Admin. Code § 413-130-0040

SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 11-1999(Temp), f. & cert. ef. 6-3-99 thru 11-30-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09; CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 25-2011(Temp), f. 9-30-11, & cert. ef. 10-1-11 thru 12-27-11; CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14; CWP 24-2015, f. & cert. ef. 10/26/2015; CWP 1-2023, minor correction filed 05/05/2023, effective 5/5/2023; CWP 91-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 418.330, ORS 418.335 & ORS 418.340