The amount of the maintenance, medical, or special subsidy must be flexible according to the needs and circumstances of both the adoptive family and the child. The family's income, resources, and obligations must be considered in determining the amount of the subsidy. No subsidy may be authorized for, or paid to, an adoptive family eligible for benefits under the family's medical insurance; supplemental security income; Title XIX funds for the child of a TANF family; vocational rehabilitation funds; public health program funds such as children and youth with special health care needs (CSHCN), old-age survivors insurance or veterans administration grants from either the biological or adoptive parents; or funds for the child from any other source. A maintenance subsidy may not exceed the basic foster care rate. A medical subsidy must follow the medical services program of the department.

1. (1) The child has a medical condition that is determined to be lifelong and requiring specialized care;
2. (2) The child has a disability requiring ongoing specialized treatment or mental health treatment and a higher level of supervision in the home;
3. (3) The child has experienced a prior dissolved adoption; or

4. (4) The child resides in an institution, and financial incentive is the only means of securing an adoptive family.

   These determinations are made by the department on a case by case basis. The department shall maintain written documentation on the child's circumstances that support the determination.

A child may qualify for a subsidy at a rate higher than the current basic foster care rate if:

Source: SL 1975, ch 16, § 1; 3 SDR 85, effective June 21, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 44 SDR 94, effective December 4, 2017 ; 47 SDR 24, effective September 10, 2020 .

General Authority: SDCL 28-1-64.

Law Implemented: SDCL 28-1-64.

Prior versions effective: 2017-12-04, 1981-07-01.