1. (1) The adoptive parents may request the department renegotiate the amount of the monthly payment in the adoption assistance agreement if:

   1. (a) there has been a change in the family’s circumstances; or
   2. (b) a higher foster care rate would have been paid on behalf of the child if the child had still been in foster care.
2. (2) The renegotiated adoption assistance payment cannot exceed ten dollars less, per month, than the amount the child would have received if the child had been in foster care.
3. (3) The adoptive parents may request the department renegotiate the adoption assistance agreement to extend beyond the child’s 18th birthday if the child continues to meet special needs criteria and has not graduated high school or completed their authorized independent study program by age 18; however, the child is expected to graduate or complete the authorized independent study program on or before their 19th birthday.
4. (4) The adoptive parents may request that the adoption assistance agreement be extended until the child is 21 years of age if the child has a mental or physical disability and remains in an educational program that warrants continuation of the agreement. The department has sole discretion to approve a request to extend adoption assistance until age 21.
5. (5) If adoption assistance agreements are extended beyond the child’s 18th birthday, then the family may request the amount of the monthly payment be renegotiated in accordance with (1) and (2).
6. (6) If adoptive parents want to renegotiate the amount of the monthly payment or the length of the adoption assistance, they must contact the Child and Family Services Division (CFSD) Adoption Negotiations Program manager.
7. (7) The adoptive parents may request a review of the determination by the CFSD administrator if the parent(s) and the department are unable to reach an agreement on the terms or amounts of the adoption assistance agreement during the renegotiation process.
8. (8) If adoption assistance renegotiation is denied by the CFSD administrator, the adoptive parents may request a fair hearing.

9. (9) The effective date of a renegotiated agreement will be the earlier of:

   1. (a) the first day of the month following the renegotiated agreement being signed by the department and the adoptive family both parties;
   2. (b) the first day of the month following the date the family requests a review by the CFSD administrator; or
   3. (c) the date the child enters a congregate care facility.
10. (10) Payments will not be approved retroactively for more than six months from the date of the request for renegotiation of the adoption assistance agreement.

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.