§ 62A-4a-904. Adoption assistance.

(1) Pursuant to federal requirements of 42 U.S.C. Sec. 670 et seq., Social Security Act, the Division of Child and Family Services:

(a) shall provide for:

(i) payment of nonrecurring adoption expenses for an eligible child who has a special need; and

(ii) state medical assistance when required by federal law; and

(b) may provide for monthly subsidies for an eligible child who has a special need.

(2) Payment of nonrecurring adoption expenses may not exceed $2,000 and shall be limited to costs incurred prior to finalization of an adoption.

(3) The level of monthly subsidy under Subsection (1)(b) shall be based on:

(a) the child's present and long-term treatment and care needs; and

(b) the family's ability to meet the needs of the child.

(4)

(a) The level of monthly subsidy may increase or decrease when the child's level of need or the family's ability to meet the child's need changes.

(b) Either the family or the division may initiate changes to the monthly subsidy.

(5) Financial support provided under Subsection (1)(b) may not exceed the maximum foster care payment or residential room and board payment that would be paid at the time the subsidy amount is initiated or revised.

Enacted by Chapter 115, 2001 General Session