§ 31-19-26.5-6 — Additional payments under certain conditions

Indiana § 31-19-26.5-6

• Jurisdiction: Indiana
• Art. 19: FAMILY LAW: ADOPTION
• Ch. 26.5: Adoption Subsidies

Text

(a) In addition to the adoption subsidy
payments determined under section 3 of this chapter, the department
may make additional payments for medical or psychological care or
treatment of the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or in
part on a physical, a mental, an emotional, or a medical condition
that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed or
events that occurred before the filing of the adoption petition;
as determined by a physician or psychologist licensed in Indiana.
(2) The child's adoptive parent has applied to the department, in
the form and manner specified by the department, for assistance
in payment of the cost of special services that the child needs to
remedy or ameliorate the condition or conditions identified in
subdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered by
either:
(i) private health insurance available to the child or adoptive
parent; or
(ii) the Medicaid program in Indiana or the state where the
child currently resides; and
(B) payment of the cost of the required services without
assistance will cause a significant financial burden and
hardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistance
account to cover the cost of additional assistance provided under
this section.
(b) A determination by the department under this section is not
subject to administrative review or appeal, unless specifically
authorized by rule of the department under section 12(4) of this
chapter, but is subject to judicial review as provided in IC 4-21.5-5.

Legislative History

As added by P.L.146-2008, SEC.562.