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. 25. (a) The Indiana adoption assistance program application form shall be available on the department's website and through the department's local offices.

(b) A completed Indiana adoption program application must be submitted to the adoptive child's family case manager, or directly to the department if the child does not have a family case manager, no later than ten (10) days after a petition for adoption is filed. If the application is incomplete, or the department needs additional information for purposes of determining eligibility, the department may request the additional information and set a time deadline for its submission.

(c) Not later than forty-five (45) days after receipt of a complete application, the department will review the application, determine eligibility, and issue a final adoption program eligibility determination.

(d) If the application is approved, a department attorney will represent the department to negotiate the adoption assistance periodic payment amount with the adoptive parent and adoptive parent's attorney, if applicable, in accordance with guidelines and procedures established by department policy.

(e) If the department determines that negotiations concerning the adoption assistance periodic payment amount have been concluded without agreement between the adoptive parent and the department, the department will send to the adoptive parent, or the adoptive parent's attorney, a final offer letter stating the amount that the department will agree to pay for periodic payments.

(f) Upon receipt of the department's final offer letter, the adoptive parent may do the following:

1. (1) Sign and return to the department the adoption assistance agreement, or amendment to a previously signed agreement containing the periodic payment amount, specifying the amount the department has agreed to pay, subject to the right of administrative review and appeal of the periodic payment amount as provided in 465 IAC 3-2-5 and 465 IAC 3-3-3.
2. (2) Submit a request for administrative review of the periodic payment amount, within the time and in the manner provided in 465 IAC 3-2-5.

(g) Upon receipt of:

1. (1) a signed adoption assistance agreement or amendment under subsection (f)(1);
2. (2) a timely request for administrative review under subsection (f)(2); and
3. (3) a final decree of adoption of the adoptive child, entered after the date of signature of the original adoption assistance agreement;

the department will commence payment of the periodic payment amount stated in the signed agreement or amendment, as provided in section 24 of this rule.

(h) If the amount of the periodic payment determined under subsection (g) is changed, based on the result of an administrative review or hearing conducted under the applicable provisions of 465 IAC 3, the department will pay the revised periodic payment amount, retroactive to the payment commencement date as determined under section 24 of this rule. The revised payment amount should be documented by an appropriate amendment of the adoption assistance agreement.

(Department of Child Services; 465 IAC 4-1-25; filed Dec 14, 2016, 12:05 p.m.: 20170111-IR-465160216FRA; readopted filed Apr 8, 2022, 2:22 p.m.: 20220504-IR-465220018RFA)