The following definitions apply to the rules contained in this subchapter:

1. (1) “Adoption assistance” means the financial and/or medical assistance and/or non-recurring expenses and/or other services provided under an adoption assistance agreement. At a minimum, adoption assistance must include Medicaid coverage for the adopted child and reimbursement of non-recurring adoption expenses.
2. (2) “Adoption assistance agreement” means a written document between the department and the pre-adoptive parent(s) which is signed by all parties on the date of or prior to the final decree of adoption. The agreement is a written, binding agreement which specifies the amount, duration, and scope of any payments, services, and assistance to be provided under such agreement.

3. (3) “Child with special needs” means a child who is a dependent of the department, a Montana federally recognized tribe which has entered into a Title IV-E agreement with the department, or a private licensed adoption agency, and meets at least one of the following criteria:

   1. (a) diagnosed as having a physical, mental, or emotional disability;
   2. (b) recognized to be at high risk of developing a physical, mental, or emotional disability;
   3. (c) a member of a minority group;
   4. (d) six years of age or older; or
   5. (e) a member of a sibling group to be placed together for adoption.
4. (4) “Congregate care” means a therapeutic group home, group home, or shelter care facility fully licensed by the department.

5. (5) “Independent adoption” means an adoption completed independent of involvement by the department, a Montana tribal social services agency, or a licensed child placing agency. Independent adoptions are not eligible for adoption assistance unless one of the following criteria are met:

   1. (a) the child meets the eligibility criteria for Social Security Income (SSI); or
   2. (b) the child being adopted received adoption assistance in a previous adoption and continues to be a child with special needs.
6. (6) “Non-recurring adoption expenses” means reasonable and necessary legal fees and costs. This term includes court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which are not incurred in violation of state or federal law.
7. (7) “Private adoption” means an adoption completed through a private licensed child placing agency.
8. (8) “Private licensed child placing agency” means an agency as defined in ARM 37.93.101.

9. (9) “Reasonable efforts to place without adoption assistance” means the department must determine that in each case a reasonable, but unsuccessful, effort to place the child with appropriate pre-adoptive parents without providing adoption assistance, has been made.

   1. (a) The department staff must ask the pre-adoptive parent(s) whether they are willing to adopt without receiving assistance. The pre-adoptive parent(s) must indicate whether they can adopt the child without assistance, and the department staff must document the pre-adoptive parents’ response in the child’s case record.
   2. (b) The department must establish reasonable efforts to place without adoption assistance except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with pre-adoptive parent(s) while in the care of such parent(s) as a foster child. Any exception to reasonable efforts to place without adoption assistance must be documented in the child’s case record.
10. (10) “Tribal adoption” means an adoption established by a tribal court and the tribe has a Title IV-E agreement with the department. This can include adoptions without termination of parental rights if allowed under the tribal code.

Authorizing statute(s): 42-10-104, MCA

Implementing statute(s): 42-10-104, MCA

History: NEW, 2026 MAR, Notice No. 2025-6, Eff. 1/24/26.