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

Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-25-2-7

Sec. 23. In addition to the general eligibility requirements set forth in section 22 of this rule, the following specific eligibility requirements apply to each type of adoption assistance:

1. (1) An adoptive child is eligible for Title IV-E adoption assistance if the department determines that the child meets all of the federal Title IV-E adoption assistance program eligibility requirements, as set forth in 42 U.S.C. 673.

2. (2) An adoptive child is eligible for state adoption subsidy periodic payments if the department determines that the child:

   1. (A) is not eligible for the Title IV-E adoption assistance program; and
   2. (B) is a hard to place child.

3. (3) An adoptive child is eligible for participation in Indiana's Title XIX Medicaid program, if:

   1. (A) a Title IV-E adoption assistance agreement is signed on behalf of the child; or

   2. (B) each of the following conditions is satisfied:

      1. (i) A state adoption subsidy agreement is signed on behalf of the child.
      2. (ii) The child has, or is likely to have due to a family history, prenatal exposure or other factors, a medical condition or disability, that existed before the filing of the adoption petition.

4. (4) An adoptive parent is eligible to receive payment of nonrecurring adoption expenses if the department determines that the child:

   1. (A) is a special needs child; and
   2. (B) meets all of the federal eligibility requirements for nonrecurring adoption expenses as set forth in 42 U.S.C. 673 and 45 CFR 1356.41.

(Department of Child Services; 465 IAC 4-1-23; filed Dec 14, 2016, 12:05 p.m.: 20170111-IR-465160216FRA; readopted filed Apr 8, 2022, 2:22 p.m.: 20220504-IR-465220018RFA)