Sec. 3. The department may make payments of adoption subsidy under this chapter for the benefit of a child with special needs if the department has:
(1) either:
(A) entered into a written agreement with the adoptive parent or parents, before or at the time the court enters a final decree of adoption under IC 31-19-11-1, that specifies the amount, terms, and conditions of the adoption assistance payments; or
(B) received a written final order in an administrative appeal in accordance with section 12(4) of this chapter concluding that the adoptive parents are eligible for a subsidy payable under this chapter and determining the appropriate subsidy amount;
(2) determined that sufficient funds are available in the adoption assistance account of the state general fund, and can reasonably be anticipated to be available in that account during the term of the agreement or order, to make the payments as specified in the agreement or order; and
(3) determined that the child is not eligible for adoption assistance under 42 U.S.C. 673.
As added by P.L.146-2008, SEC.562.