Indiana Administrative Code
Title 465 - DEPARTMENT OF CHILD SERVICES
Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS
Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies
Section 1-32 - Continuation of adoption assistance agreements beyond age 18

Universal Citation: 465 IN Admin Code 1-32

Current through March 20, 2024

Authority: IC 31-19-26.5-12; IC 31-25-2-18

Affected: IC 20-18-2-18; IC 21-17-6-1; IC 31-9-2-17.8; IC 31-19-26.5-9; IC 31-25-2-7

Sec. 32.

(a) Adoption assistance will not be continued beyond the date on which the adoptive child becomes eighteen (18) years of age, unless continuation of adoption assistance has been approved by the department, or by court order based on an agreement entered into before January 1, 2009, for payment of a subsidy under IC 31-19-26 (repealed).

(b) The department may continue adoption assistance under an adoption assistance agreement for an adoptive child who has attained eighteen (18) years of age, if the department determines, based on applicable department policy and guidelines, that the child has a mental or physical disability that warrants the continuation of assistance. The application for continuation under this subsection must include documentation from a medical doctor, psychiatrist, or psychologist licensed in the state of Indiana or in the state of residence of the adoptive child indicating a mental or physical disability that is expected to require continuous or long term treatment and limits the child's ability to be self-supporting.

(c) The department may continue payment of state adoption subsidy under a state adoption subsidy agreement, for an adoptive child who has attained eighteen (18) years of age, if the department determines, based on applicable department policy and guidelines, that:

(1) the child is or will be enrolled in and attending:
(A) an accredited secondary school (as defined in IC 20-18-2-18) for purposes of completing graduation requirements of the school;

(B) a postsecondary educational institution described in IC 21-17-6-1; or

(C) a course of career or technical education leading to gainful employment; and

(2) the adoptive parent meets the requirements of IC 31-19-26.5-9(b)(2), relating to the child's financial support and dependent status.

(d) The amount of a state adoption subsidy continuation payment under subsection (c) shall be determined by agreement among the department, the adoptive child, and the adoptive parent.

(e) An adoptive child for whom a final adoption decree was entered after the child's sixteenth birthday will be approved for continuation of a Title IV-E adoption assistance agreement after the child's eighteenth birthday upon documentation that the child is or will be:

(1) employed for at least eighty (80) hours per month;

(2) attending school or a vocational or educational certification or degree program;

(3) participating in a program or activity designed to promote or remove barriers to employment; or

(4) incapable of performing any of the activities in subdivisions (1) through (3) due to a documented medical condition.

(f) A completed continuation application must be received by the department not more than ninety (90) days or less than thirty (30) days prior to the child's eighteenth birthday.

(g) Except as provided in subsection (h), adoption assistance continued under this section will terminate not later than the date of the adoptive child's twenty-first birthday.

(h) Adoption assistance continued under subsection (e) will terminate not later than the date of the child's twentieth birthday.

Disclaimer: These regulations may not be the most recent version. Indiana 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.