1. (1) The department may suspend adoption assistance payments if it cannot establish or cannot contact the adoptive parents to establish that the adoptive parent is:

   1. (a) providing any support to the adopted child;
   2. (b) legally responsible for the support of an adopted child under age 18; or
   3. (c) complying with school attendance requirements for the adopted child.
2. (2) Adoption assistance payments can only be suspended if the signed adoption assistance agreement contains language outlining the circumstances under which the department may suspend adoption assistance payments.

3. (3) The department must provide adequate notice to the parent prior to suspending adoption assistance payments. Adequate notice includes:

   1. (a) the department must send via certified mail, notification of intent to suspend adoption assistance payment, at least ten working days before the department intends to suspend payments;
   2. (b) the notice must specify that the agency intends to suspend payments, the reason for the intended suspension, and the statutory basis for the intended suspension;
   3. (c) the notice must provide the specific steps the adoptive family must take to reinstate adoption assistance payments; and
   4. (d) the notice must describe the adoptive parent’s right to request a fair hearing and that payments will continue through the fair hearing process.
4. (4) Medicaid will not be suspended during the period in which the adoption assistance payment is suspended.
5. (5) The suspension of the adoption assistance agreement has no impact on the legal relationship between the parent and child.

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.