1. (1) An adoption assistance agreement is negotiated between the pre-adoptive parents and the department. The agreement must:

   1. (a) be negotiated and executed by the date of or prior to the date of the finalized adoption decree;
   2. (b) indicate the terms and duration; and
   3. (c) indicate it is binding on all parties.
2. (2) The agreement covers non-recurring adoption expenses, monthly cash payments, social services, and medical care as provided under federal or state Medicaid programs.
3. (3) The department is prohibited from using a means test when determining the amount, scope, and duration of the adoption assistance agreement. The agreement must be negotiated taking into consideration the circumstances of the adoptive parents and the needs of the child.
4. (4) The monthly cash assistance cannot exceed ten dollars less, per month, than the prevailing foster care rate at the time the adoption is finalized.

5. (5) As a condition of receiving adoption assistance, the adoptive parent(s) must ensure the child is:

   1. (a) enrolled in school, if the child is age seven and above;
   2. (b) enrolled in an authorized independent study program; or
   3. (c) home-schooled consistent with the law of the state or other jurisdiction in which the school, program, or home is located during the entire time the adoption assistance agreement is in place.
6. (6) If the pre-adoptive parents and the department are unable to reach an agreement on the terms or amounts of the adoption assistance agreement during the negotiation process, or if the pre-adoptive parents are denied adoption assistance the pre-adoptive parents may request a review of the determination by the Child and Family Services Division administrator.
7. (7) If adoption assistance is denied by the Child and Family Services Division administrator, then the pre-adoptive parents may request a fair hearing.

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

Implementing statute(s): 42-10-108, MCA

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