1. (1) If program staff determine that a child or family is ineligible for adoption assistance or deny a request for adoption assistance, the decision will be sent to the Child and Family Services Division (CFSD) administrator for review.

2. (2) The CFSD administrator’s review is limited to reviewing whether the program staff’s determination was made in accordance with the pertinent federal and state requirements. The pertinent federal and state requirements will be found in the following documents:

   1. (a) Social Security Act - Title IV-E;
   2. (b) Title 45 of the Code of Federal Regulation;
   3. (c) Administration For Children and Families’ Child Welfare Policy Manual, Sec 8 – Title IV-E;
   4. (d) Title 42, chapter 10, MCA; and
   5. (e) ARM Title 37, chapter 52.

3. (3) Circumstances that may result in the CFSD administrator overturning the program staff’s determination that the child or family is ineligible for adoption assistance include:

   1. (a) the child and adoptive family meet all requirements necessary to receive an adoption assistance agreement but adoption was finalized in state or tribal court prior to the assistance agreement being signed by the department and the adoptive family;
   2. (b) the denial of adoption assistance was based on a means test of the adoptive family; or
   3. (c) there was an erroneous determination by the department regarding the child’s or adoptive family’s ineligibility for adoption assistance.

4. (4) After reviewing the specifics of the case and the pertinent federal and state requirements, the CFSD administrator will provide their decision in writing to the program staff.

   1. (a) If the CFSD administrator determines the program staff’s determination to deny adoption assistance was made in error, then the program staff will be instructed to negotiate and enter into an adoption assistance agreement with the family.

   2. (b) If the CFSD administrator concurs with the program staff’s determination that the child or adoptive family were not eligible for adoption assistance, then the adoptive family will be notified in writing of the decision.

      1. (i) The denial notification provided to the family must include the reasons for the denial and that the denial was reviewed and upheld by the CFSD administrator.
      2. (ii) The notice must also describe the adoptive parent’s right to request a fair hearing.
5. (5) If a post finalization fair hearing determines that a child has been wrongly denied adoption assistance, the department may complete a negotiation with the adoptive family and provide retroactive adoption assistance payments.

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.