(a)(1) The department may require the adoptive parent or parents to submit a report, annually or at a time or times specified in the agreement or when the department is investigating an allegation of improperly received benefits. The parent shall state in the report that the child remains under their care and any change in the conditions or circumstances of the adopting parent or the needs of the child. The subsidy agreement shall continue according to its terms, except as provided by this article. The department may confirm the accuracy and veracity of the report from any reliable sources of information concerning the adoptive family and child, including any governmental or private agency that serves the area in which the child resides. If the report or information received by the department indicates a substantial change in the conditions that existed when the adoption subsidy agreement was signed, the department may, after notice and with the agreement of the adoptive parent or parents, modify the adoption subsidy agreement, service, subsidy payment, or any combination thereof.
(2) The parent may request a review based upon a substantial change in condition since the last adoption subsidy agreement was signed.
(b)(1) The term of any adoption subsidy agreement under this article, including any extension of the original term, and any subsidy payment ends when any of the following events occurs:
a. The child becomes 18 years of age.
b. The adoptive parent or parents are no longer legally responsible for support of the child.
c. The child is no longer receiving support from the adoptive parent or adoptive parents.
d. The child becomes emancipated.
e. The child dies.
f. The child's adoption is terminated.
g. The adoptive parent or parents request termination of the subsidy agreement.
h. The child is no longer the legal dependant of the adoptive parent or parents.
i. The child is no longer considered to have the condition or conditions that caused the child to be certified for payment.
j. The reduction or termination of funding.
(2) The department shall continue the adoption subsidy payments in amounts determined by agreement among the department, the child, and the adoptive parents, for children adopted after age 16 during the time after the child becomes 18 years of age and up to the time the child reaches 21 years of age if any of the following occurs:
a. The child is enrolled or completing an education in a program leading to an equivalent credential in any of the following:
1. A secondary school.
2. A public or private institution of higher education.
3. A course of career or technical education.
4. The child is participating in a program or activity designed to promote or remove barriers to employment.
5. The child is employed for at least 80 hours per month.
b. The child has a physical disability or a mental disability and is in need of continued support.
c. The child is incapable of attending school, a training program, or employment due to a medical condition.
Last modified: May 3, 2021