1. (1) Once the adoption assistance agreement is in place, the agreement may be terminated under any of the following:

   1. (a) the conclusion of the term of the agreement;
   2. (b) the adoptive parents provide the department a written request to discontinue the agreement;
   3. (c) upon the child’s death;
   4. (d) the death of the parent(s) of the child (one in a single parent family and both in a two-parent family);

   5. (e) the agency determines that the child is no longer receiving any support from the adoptive parent(s);

      1. (i) “Support” means various forms of financial support. Payments for family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child’s special needs are acceptable forms of financial support.
      2. (ii) The department may continue providing adoption assistance if it determines that the parent is providing some form of financial support to the child even in situations where the child is placed in some form of out-of-home care;

   6. (f) The department determines that the adoptive parent(s) are no longer legally responsible for support of the child. Parents are considered no longer legally responsible for support of the child when any of the following occur:

      1. (i) parental rights have been terminated voluntarily or involuntarily;
      2. (ii) the minor is emancipated;
      3. (iii) the minor marries; or
      4. (iv) the minor enlists in the military.
2. (2) Adoptive parents are required to inform the department of circumstances that would make them ineligible to continue to receive adoption assistance.

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.