1. A. The maintenance subsidy may not cover all the daily living expenses of the adopted child. The Department and the adoptive parent shall negotiate the amount of maintenance subsidy based on a child’s current special needs and the family’s circumstances.

   1. 1. Under A.R.S. § 8-144(B), the amount of the maintenance subsidy shall not exceed the payments allowable for foster care, not including foster care special allowances.
   2. 2. Under A.R.S. § 8-143(C), permanent guardians adopting a child shall be eligible for the adoption subsidy at the permanent guardianship subsidy rate established by the Department.
   3. 3. The Department shall deduct private or public monetary benefits, such as benefits received through Title II of the Social Security Act, paid to the child from the monthly maintenance subsidy, as allowed under state of federal law. The adoptive parent shall report the receipt of any private or public monetary benefits for the child to the Adoption Subsidy Program as soon as the benefits are received.

2. B. Payment of Maintenance Subsidy

   1. 1. The Department shall not begin maintenance subsidy payments prior to the effective date of the adoption subsidy agreement.
   2. 2. The Department shall issue maintenance subsidy payments monthly to the adoptive parent as specified in the adoption subsidy agreement.

3. C. Renegotiation of the Maintenance Rate

   1. 1. The Department or the adoptive parent may initiate a change in the maintenance subsidy rate if there are changes in the child’s needs.
   2. 2. The Department may negotiate the amount of the adoption subsidy; however, the rate shall not exceed the payments allowable for foster care, not including foster care special allowances.
   3. 3. The adoptive parent shall provide the Department with the documentation supporting the requested change in the maintenance subsidy rate.
   4. 4. If the child is in the care or custody of a state agency in Arizona or any other state, an adoption agency, or an individual other than the adoptive parent, the Department shall request, and the adoptive parent shall provide, documentation that the adoptive parent continues to be legally and financially responsible for the child.
   5. 5. Permanent guardianship adoption subsidy rates are provided at the permanent guardianship subsidy rate established by the Department and are not eligible for renegotiation based on changes in the child’s needs.

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).