8-144. Subsidy agreement; duration; amount; periodic review; confidentiality

A. The family entering into subsidized adoption and the department shall sign a subsidy agreement that contains a provision for periodic review as provided in subsection D of this section before the final decree of adoption is issued, except as provided in subsection B of this section. Adoption subsidies may commence with the adoption placement or after the adoption decree, and will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.

B. The adoption subsidy may continue either:

1. Through the age of twenty-one if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency.

2. Through the age of twenty, if the individual is adopted at sixteen or seventeen years of age and is one or more of the following:

(a) Completing secondary education or an educational program that leads to an equivalent credential or is enrolled in an institution that provides postsecondary or vocational education.

(b) Employed at least eighty hours a month.

(c) Participating in a program or activity that promotes employment or removes barriers to employment.

(d) Unable to be a full-time student or to be employed because of a documented medical condition.

C. 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 thereof. The amount of the subsidy shall not exceed the payments allowable under foster family care. A special service subsidy shall not exceed the reasonable fee for the service rendered in accordance with costs and procedures for authorization of services as determined by the department.

D. There shall be a periodic review as defined by the department to determine the appropriateness and reasonableness of all subsidies and to ascertain the need for continuing or adjusting the subsidy.

E. Notwithstanding subsection A of this section, an application may be made and granted on behalf of a child adopted pursuant to the laws of this state at any time for a new or increased adoption subsidy on documentation of an undiagnosed condition that existed before the finalization of the adoption.

F. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the rules of the department.