1. A. Whenever significant emotional ties have been established between a child and his foster parent or parents, and the foster parent or parents seek to adopt the child, the child may be certified as eligible for an adoption maintenance subsidy conditioned upon adoption of the child under applicable adoption procedures by the foster parent or parents.
2. B. In all other cases, after reasonable efforts have been made and no appropriate adoptive family without the use of subsidy has been found for a child, the Department of Human Services shall certify the child as eligible for a subsidy in the event of adoption.

3. C. If the child is in the court-ordered custody of a child-placing agency or federally recognized Indian tribe as defined by the federal Indian Child Welfare Act, that agency or tribe shall present to the Department of Human Services:

   1. 1. Evidence of significant emotional ties between the child and the foster parent or parents of the child; or
   2. 2. Evidence of inability to place the child for adoption due to any of the conditions specified in Section 7510-1.2 of this title. The agency or tribe shall present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of a potential parent or parents, use of adoption resource exchanges, referral to appropriate specialized adoption agencies and efforts to place the child in a Department of Human Services nonsubsidy adoptive home.

Added by Laws 1982, c. 200, § 4, eff. October 1, 1982; Amended by Laws 1996, c. 297, § 14, emerg. eff. June 10, 1996; Redesignated from 10 O.S. § 60.28 by Laws 1997, c. 366, § 58, eff. November 1, 1997; Amended by Laws 1999, c. 396, § 20, eff. June 10, 1999 (superseded document available).