1. A. The Department shall determine if a child qualifies for the Title IV-E adoption assistance program prior to determining whether the child qualifies for the Adoption Subsidy Program.
2. B. A child shall qualify for Title IV-E adoption assistance if the child meets the additional eligibility criteria required in 42 U.S.C. 673(a)(2). If the child does not meet the additional criteria in Title IV-E, the child may still be eligible to receive adoption subsidy under subsection (C).

3. C. An Arizona child shall be eligible for adoption subsidy when the child is:

   1. 1. In the care, custody and control of the Department, or an adoption agency licensed in Arizona, or was previously adopted and received Title IV-E or Arizona adoption subsidy; or in the care of a permanent guardian appointed for the child under A.R.S. §§ 8-871 through 8-874;
   2. 2. Legally free for adoption;
   3. 3. Lawfully present in the United States; and

   4. 4. Determined to be a child with special needs as defined by Title IV-E of the Social Security Act, and A.R.S. Title 8, Chapter 1, Articles 2 and 3 as follows:

      1. a. The child cannot or should not be returned to the parent’s home;
      2. b. The child cannot be placed with adoptive parents without an adoption subsidy due to a special need of the child; and
      3. c. A reasonable but unsuccessful effort was made to place the child without an adoption subsidy, unless the Department determined that it was not in the child’s best interest to place the child with another family because of the child’s significant emotional ties with the prospective adoptive parent while in their care as a foster child.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 3255, effective January 24, 2016 (Supp. 15-4). Amended by final rulemaking at 32 A.A.R. 582 (March 6, 2026, Issue 10), effective April 12, 2026 (Supp. 26-1).