§ 9-9-408 — Subsidy agreement required - Commencement of subsidy

(a) When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. (b) (1) Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's needs. (2) (A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition. (B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition. (C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition. (c) (1) When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved. (2) Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior to the date such subsidy was approved. (3) This subsection will apply only to adoptive placements made on or after April 28, 1979.

Legislative History

Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1993, No. 800, § 1; 2005, No. 437, § 9[10]; 2011, No. 607, § 7