§ 26-7-108 — Suspension of subsidies

(1) The county department may suspend
the payment of subsidies available pursuant to this article 7 when contact with the
adoptive family cannot be established and the county department cannot establish
that the adoptive parent is providing any support, which includes financial support
as determined by the Title IV-E agency.

(2) Prior to suspension, the county department shall provide notice to the
adoptive parents of intent to suspend subsidy payments at least ten days prior to
suspension and shall include in the notice:

(a) A statement of the county department's intent to suspend subsidy
payments, as well as the reasons and legal basis for the intended suspension;

(b) A description of the adoptive parents' right to request a fair hearing
pursuant to 45 CFR 205.10;

(c) A description of the circumstances under which adoption assistance must
be continued if a hearing is requested; and

(d) The circumstances under which a suspension may be reversed without a
fair hearing.

(3) When the subsidy payment is suspended, the eligible child or youth
remains Title IV-E eligible, the Title IV-E agreement remains in effect, and the
eligible child or youth remains eligible for, and in receipt of, medical assistance
pursuant to articles 4, 5, and 6 of title 25.5, if applicable.

Legislative History

Source: L. 2019: Entire article R&RE, (SB 19-178), ch. 180, p. 2047, � 1, effective August 2.