Current through Register Vol. 63, No. 12, December 1, 2024
(1) A child is not
eligible for Title IV-E adoption assistance when:
(a) The child is not a citizen or resident of
the United States; and
(b) The
child was adopted outside of the United States or was brought into the United
States for the purpose of being adopted.
(2) A child that meets the special needs
criteria as defined by OAR 413-100-0125 is eligible for Title IV-E adoption
assistance when the requirements of at least one of the following subsections
are met:
(a) In the case of a child who is not
an applicable child, the child is eligible for Title IV-E adoption assistance
when at least one of the following apply:
(A)
The child was determined eligible for Title IV-E foster care, in accordance
with the eligibility criteria prescribed in OAR 413-100-0125 to
413-100-0240.
(B) The child meets
all eligibility requirements for SSI benefits.
(C) The child's payments in a certified
foster home or private child caring agency are covered by a Title IV-E foster
care maintenance payment being made for his or her minor parent.
(D) The child's eligibility for a Title IV-E
adoption assistance payment was established for a prior adoption, and the child
is now available for adoption because of one of the following:
(i) The prior adoption has been dissolved,
and the parental rights of the adoptive parents have been terminated or
relinquished; or
(ii) Each adoptive
parent of the child has died.
(b) In the case of a child who does not meet
at least one of the criteria in section (2) of this rule, who is an applicable
child as defined by section (3) of this rule, the child is eligible for Title
IV-E adoption assistance when at least one of the following apply:
(A) At the time of initiation of the adoption
proceeding, the child was in the care of a public or licensed private child
placement agency or Indian tribal organization pursuant to:
(i) An involuntary removal in accordance with
a judicial determination that it was contrary to the child's welfare for the
child to remain in the home; or
(ii) A voluntary placement agreement or
voluntary relinquishment.
(B) The child meets all medical and
disability requirements of Title XVI with respect to eligibility for SSI
benefits.
(C) The child was
residing in a family foster home or child care institution with his or her
minor parent and the minor parent was removed from the home pursuant to:
(i) An involuntary removal in accordance with
a judicial determination to the effect that it was contrary to the child's
welfare to remain in the home; or
(ii) A voluntary placement agreement or
voluntary relinquishment.
(D) The child was adopted and was determined
eligible for Title IV-E adoption assistance in a prior adoption and is
available for adoption because of one of the following:
(i) The prior adoption was dissolved and the
parental rights of the adoptive parents have been terminated or relinquished;
or
(ii) The child's adoptive
parents have died.
(3) An "applicable child" as defined in
section 473(e) of the Social Security Act (42 U.S.C.
673) meets at least one of the following
requirements:
(a) The child meets the
applicable age requirements if during the federal fiscal year (FFY) (October 1
through September 30) in which the adoption assistance agreement is finalized,
he or she attains the applicable age, as illustrated by Exhibit 1. The
Department maintains this exhibit on the Department's website. A printed copy
of the exhibit may be obtained by contacting the Department of Human Services,
Office of Child Welfare Programs, ATTN: Federal Policy, Planning and Resources
Program, PO Box E-67, 500 Summer St. NE, E93, Salem, OR 97301;
(b) The child has been in foster care under
the responsibility of the Title IV-E agency for any 60-consecutive-month period
prior to finalization of the adoption; or
(c) The child is a sibling of another child
the Department has determined is an applicable child and both children are
placed in the same adoption arrangement.
(4) To be eligible for an extension of Title
IV-E adoption assistance through age 20, the young adult must meet the
requirements of OAR 413-130-0055.
(5) Private Agency Adoptions. To be eligible
for Title IV-E adoption assistance, a child voluntarily relinquished to a
public or private nonprofit agency must meet the special-needs criteria
described in OAR 413-130-0020 and all the following requirements:
(a) The child must be voluntarily
relinquished either to the state agency (or another public agency, including
tribes with whom the state has a Title IV-E agreement), or to a private,
nonprofit agency.
(b) Within six
months of the date the child last lived with a specified relative, the entity
to which the child was relinquished must file a petition with the court to
remove the child from the home.
(c)
The court must make a subsequent judicial determination that remaining in the
home would be contrary to the child's welfare.
(d) The child must meet the Title IV-E AFDC
eligibility requirements, as described in OAR 413-100-0150 through
413-100-0170.
(6)
Independent Adoptions. To be eligible for Title IV-E adoption assistance, a
child voluntarily relinquished to an individual must meet the special needs
criteria described in OAR 413-130-0020 and meet at least one of the following
requirements:
(a) The child meets the
eligibility criteria for SSI at the time the adoption petition is
filed.
(b) The child is in a
subsequent adoption, and he or she received Title IV-E adoption assistance in a
previous adoption.
(7)
Eligibility for Title IV-E adoption assistance may not be presumed for a child
placed with a guardian who is receiving a guardianship assistance payment
through the Department's Guardianship Assistance program. The Title IV-E
Specialist must complete an adoption assistance eligibility determination on a
form approved by the Department based on the original removal of the
child.
To view tables referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
418.005 & ORS
418.330 - 418.340
Statutes/Other Implemented: ORS
418.005 & ORS
418.330 - 418.340