§ 50-28-02 — Adoption assistance

1. This state determines the amounts of adoption assistance it will provide to a child with
special needs. Adoption assistance may be subject to periodic re-evaluation of
eligibility.
2. Adoption assistance and medical assistance to which this compact applies is that
provided from the effective date of an adoption assistance agreement.
3. An adoption assistance agreement must be written, signed by the adoptive parents
and on behalf of the state, and include:
a. A commitment that adoption assistance is payable without regard for the state of
residence of the adoptive parents;
b. Provisions identifying the types of care and services toward which the adoption
assistance state must make payments;
c. A commitment to make medical assistance available to the child in accordance
with this chapter;
d. A declaration that the agreement is for the benefit of the child, the adoptive
parents, and the state, and that it is enforceable by any of them; and
e. The date or dates upon which each payment or other benefit is to commence.
4. Any services or benefits provided for a child by this state as the residence state or the
adoption assistance state may be facilitated by the department on behalf of another
party state. Staff of the department shall assist staff of the child welfare agencies of
other party states and the beneficiaries of adoption assistance agreements in assuring
prompt and full access to all benefits included in such agreements.
5. Adoption assistance payments made by this state on behalf of a child living in another
state must be made on the same basis and in the same amounts as they would be
made if the child were living in this state, except that the laws of the adoption
assistance program of the state in which the child lives may provide for the payment of
higher amounts.
6. The department shall provide adoption assistance payments to adoptive parents using
an automated clearing house to provide for electronic fund transfers. To receive
payment, adoptive parents shall provide sufficient documentation to enable the
department to provide electronic funds transfers through an automated clearing house.
No other forms of adoptive assistance payments are permitted, unless approved by
the department.