049-1 Wyo. Code R. § 1-7

Current through April 27, 2019

Section 1-7 - Subsidized Adoption

(a) The Department may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, the following apply:

(i) The child(ren) is in the legal custody of the Department or a child(ren) placement agency certified by the state;

(ii) The child(ren) is legally free for adoption;

(iii) The Department or a certified, private child(ren) placement agency is financially responsible for the child(ren);

(iv) The child(ren) is a special needs child(ren) as defined in Chapter I, Section 3 (m )of these rules;

(v) Reasonable efforts to place the child(ren) without a subsidy have proven unsuccessful; and

(vi) The Department has determined the adoptive parent can provide for the non-financial needs of the child(ren).

(b) The determination of the amount of subsidy shall be based upon the child(ren)'s needs and the circumstances of the adoptive parent.

(c) The subsidy may include, but is not limited to, medical costs, psychological counseling, maintenance and costs incurred for the adoption.

(d) Application for subsidy is to be made by the adoptive parent on behalf of the child(ren). Application shall be made on a form provided by the Department.

(e) With the exception of item (f) below, the amount of the adoption assistance payment shall be less than the foster care maintenance payment the child(ren) received or would receive in a foster family home.

(f) Payment of one-time, non-recurring expenses related to the facilitation of a special needs adoption may be provided by the Department.

(g) After the subsidy is agreed upon by the Department in consultation with the adoptive parents, an Adoption Assistance Agreement shall be signed by all the parties.

(h) The Adoption Assistance Agreement shall be completed prior to the finalization of the adoption.

(i) The Adoption Assistance Agreement shall be reviewed at least annually to determine if the terms of the Adoption Assistance Agreement have changed or remain the same. The adoptive parent is required to sign a form provided by the Department indicating:

(i) If the child(ren) has reached his/her 18th birthday, are there any mental or physical disabilities which warrant the continuation of the Adoption Assistance Agreement;

(ii) If the adoptive parent continues to be legally responsible for the support of the child(ren), and is providing financial support for the child(ren);

(iii) If the child(ren) continues to reside in the home of the adoptive parent;

(iv) If there are any changes in the household that would affect the Adoption Assistance Agreement; and

(v) If the adoptive parent wants to continue to receive the Adoption Assistance Agreement amount.

(j) Once the child(ren) has been determined eligible, the Adoption Assistance Agreement continues in effect regardless of the state of residence.

(i) The adoptive parent must notify the Department of any change in his address.

(ii) The Department state office shall notify the new state of the child(ren)'s eligibility status for Medicaid coverage once the information is received from the adoptive parent and request is made for Medicaid.

(iii) The Department is responsible for payment of the subsidy amount to the adoptive parent in his/her new state of residence.

(iv) In the situation where a child(ren) is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parent(s) die, a child(ren) may continue to be eligible for title IV-E adoption assistance in a subsequent adoption.

(k) If an on-going subsidy (the cash payment and Medicaid portion) is not in place, the Adoption Assistance Agreement shall terminate upon payment of the non-recurring costs.

049-1 Wyo. Code R. § 1-7

Amended, Eff. 4/15/2015.