1. (1) Pre-adoptive parents adopting a child from the custody of the department or through a private licensed child placing agency must meet the pre-placement provisions of 42-3-204, MCA, or the department cannot enter into an adoption assistance agreement.
2. (2) Pre-adoptive parents adopting a child, who is under the jurisdiction of a federally recognized Montana tribal court, and the tribe has a Title IV-E agreement with the department, must do so in accordance with the tribe’s established standards for approving adoptive placements. The tribal standards may differ from the pre-placement provisions of 42-3-204, MCA, but they must, at minimum, meet the provisions of SSA Title IV-E, Sec. 471(a)(20)(A). If these federal provisions are not met, the department cannot enter into an adoption assistance agreement.

3. (3) In addition to pre-adoptive requirements in (1) and (2), the child being adopted must meet the following eligibility requirements:

   1. (a) as required in the Social Security Act, Title IV-E, Sec. 473(a)(1)(A), all adoptions of children consented to by the department, tribal adoptions, and private adoptions are eligible to receive adoption assistance if the department has determined all the following:

      1. (i) the child is a child with special needs; and

      2. (ii) the child meets the adoption assistance eligibility criteria in the Social Security Act, Title IV-E, Sec. 473(2)(A), which specifically require:

         1. (A) that the child was removed from their home as a result of a judicial determination; and
         2. (B) the initial court order sanctioning the child’s removal contains language to the effect that it is contrary to the child’s welfare to remain in their home.

4. (4) In addition to (3), a child is also eligible for adoption assistance if either 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.
5. (5) At the discretion of the department and based upon the availability of funding, a child, certified as a child with special needs, adopted from the custody of the department may be eligible for adoption assistance without meeting the criteria in (3) or (4).

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

Implementing statute(s): 42-10-107, MCA

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