Okla. Stat. tit. 10, § 7510-1.5
Adoption Assistance Agreement - Preexisting Medical or Psychiatric Conditions - Subsequent Adoptions of Child - Annual Review - Domicile - Confidentiality of Records
Effective Jun 11, 1998Laws 1982, SB 259, c. 200, § 5; Amended by Laws 1989, HB 1032, c. 45, § 1, emerg. eff. April 13, 1989; Renumbered from 10 O.S. § 60.29 by Laws 1997, HB 1241, c. 366, § 58, eff. November 1, 1997; Amended by Laws 1998, HB 2829, c. 415, § 38, emerg. eff. June 11, 1998 (superseded document available).
- A. When a parent or parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. Adoption subsidies in individual cases may commence with the adoption placement or at the appropriate time after the adoption decree, and shall be based on the needs of the child as well as the availability of other resources to meet the child's needs. The subsidy may be for special services only, or for money payments, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for such child under foster family care, or, in the case of a special service, the reasonable fee for the service rendered.
- B. When a child is determined to have a causative, preexisting condition which was not identified or known prior to the legal adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved. Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior to the date such subsidy was approved.
- C. Any child who met the requirements of the provisions of Section 7510-1.2 of this title, and was determined eligible for Oklahoma adoption assistance payments with respect to a prior adoption, and is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be eligible for Oklahoma adoption assistance payments with respect to any subsequent adoption.
- D. When subsidies are for more than one (1) year, the adoptive parent or parents shall present an annual sworn certification that the adopted child remains under their care and that the conditions that caused the child to be certified continue to exist. The adoptive parent or parents shall at all times keep the Department of Human Services informed of circumstances which would make them ineligible for such assistance payments or eligible for assistance payments in a different amount. The Department of Human Services is authorized and directed to make a review of each subsidy annually to assure that the parents are fulfilling their contract obligations. No payment may be made to any parents with respect to any child who has attained the age of eighteen (18) years, except where the state determines that the child has a physical or mental handicap which warrants the continuation of assistance until the child reaches the age of twenty-one (21) years. Termination or modification of the subsidy agreement may be requested by the adoptive parent or parents at any time. No payment may be made to adoptive parents if the Department determines that the parents are no longer legally responsible for the support of the child or that the child is no longer receiving any support from such parents.
- E. A child who is a resident of this state when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parent or parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
- F. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the provisions of the Oklahoma Adoption Code.
Laws 1982, SB 259, c. 200, § 5; Amended by Laws 1989, HB 1032, c. 45, § 1, emerg. eff. April 13, 1989; Renumbered from 10 O.S. § 60.29 by Laws 1997, HB 1241, c. 366, § 58, eff. November 1, 1997; Amended by Laws 1998, HB 2829, c. 415, § 38, emerg. eff. June 11, 1998 (superseded document available).