Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.01 - CHILD AND FAMILY SERVICES
ADOPTION ASSISTANCE
Section 16.06.01.920 - REQUEST FOR RECONSIDERATION FOR ADOPTION ASSISTANCE

Universal Citation: ID Admin Code 16.06.01.920

Current through September 2, 2024

Families who adopted a child, or children with special needs on or after April 1, 1982, through either the Department or a licensed Idaho children's adoption agency, may be eligible for benefits through the Adoption Assistance program. Persons who adopted their relative children, may also be eligible for these adoption assistance benefits.

01. Adoption Assistance Agreement. Per Public Law 96-272, the adoptive family must sign an adoption assistance agreement prior to the finalization of the adoption in order for the child to receive benefits. Adoptive families who were not informed of these benefits or who were wrongly denied these benefits may submit an application to the Department prior to the eighteenth birthday of the adopted child for a determination of eligibility for these benefits.

02. Eligibility Determination. The Division of Family and Community Services determines eligibility based on the eligibility factors determining a special needs child that were in effect at the time of the child's adoption.

a. If the IV-E eligibility determination finds that a child was eligible for these benefits at the time of the child's adoption, and an agreement was not signed prior to the finalization, the Department is required to deny benefits to the child, since no contract was in effect at the time of the adoption finalization.

b. The adoptive family may request a fair hearing for adoption assistance IV-E eligibility determination.
i. The determinations to be made at this hearing are whether extenuating circumstances exist or whether the family was wrongly denied eligibility, or both.

ii. The Division of Family and Community Services may not change its eligibility determination for a child eligible for IV-E adoption assistance benefits and provide adoption assistance based on extenuating circumstances without obtaining a favorable ruling from a fair hearing officer.

Effective March 15, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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