Art. 1279.4. Adoption subsidy

A. The department shall make every effort to declare every child in the department's custody eligible for certain adoption assistance or subsidy in accordance with the provisions set forth in this Chapter.

B. Subsidized adoption. (1) The department is authorized to develop and implement a program for subsidizing the adoption of children with special needs.

(2) The department may make payments to the adoptive parents of a child or, in the case of the subsequent death of the adoptive parents prior to the child's reaching the age of majority, to the duly designated tutor or guardian of such child, on behalf of a child placed for adoption in accordance with Title XII of the Children's Code, if all of the following conditions are met:

(a) The child, because of physical or mental condition, ethnic background, age, membership in a sibling group, or other serious impediments or special needs, is considered a child that is difficult to place for adoption, and the department has made reasonable attempts to place said child for adoption to no avail.

(b) The adoptive family, tutor, or guardian is capable of providing the permanent family relationship needed by the child in all respects other than financial, and the needs of the child are beyond the economic ability and resources of the family, tutor, or guardian.

C. Costs and expenses covered. (1) Payments in subsidy of an adoption may include but are not limited to the maintenance costs, medical and surgical expenses, and other costs that are incidental to the care, training, and education of the child, including special medical costs for any child in connection with any physical or mental condition that existed prior to the date of the initial judgment of adoption.

(2) The amount of payments may vary, depending upon the needs of the child and the adoptive parents, tutor, or guardian, but in any event shall not exceed one hundred percent of the cost of providing foster care for the child. Payments for medical, surgical, psychiatric, and other special costs and services may not exceed the amount the department would pay if it were to provide or secure them as guardian of the child.

(3) Payments to the parents, tutor, or guardian shall be terminated when the adopted child becomes eighteen years of age.

D. Eligibility. (1) Eligibility for payments in subsidy of adoption shall be determined and approved by the department, in accordance with rules and regulations adopted as provided by Paragraph E of this Article, prior to the completion of the adoption proceeding. Such eligibility shall thereafter be redetermined at least annually, except that in those cases where the child is eligible for funding pursuant to Title IV, Part E of the Social Security Act, the redetermination shall be made at least every five years thereafter.

(2)(a) Adoptive parents who are residents of the state of Louisiana, and who are eligible to adopt a child residing in Louisiana and to receive subsidy payments for such adoption, or the designated tutor or guardian, shall remain eligible to receive such payments, regardless of whether or not such adoptive parents, tutor, or guardian subsequently become residents of another state, except in cases where the other state meets all of the following criteria:

(i) Has a subsidized adoption program that is available to such former Louisiana residents, parents, tutors, or guardians for the particular Louisiana child to be adopted.

(ii) Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.

(b) Adoptive parents who are residents of other states, and who are eligible to adopt a child residing in Louisiana, or the designated tutor or guardian residing in another state, shall be eligible for a subsidy under the same conditions as Louisiana residents, except in cases where the other state meets all of the following criteria:

(i) Has a subsidized adoption program that is available to such Louisiana nonresident parents, tutors, or guardians for the particular Louisiana child to be adopted.

(ii) Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.

(3) The subsidized payments, as provided herein, shall include cases involving children in the custody of the department and children determined to be entitled to benefits pursuant to federal laws, rules, or regulations.

E. Rules and regulations. The department, in accordance with the Administrative Procedure Act, shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement the provisions of this Chapter.

F. Contractual obligation of the state. (1) Any agreement by the department to subsidize the adoption of a child eligible for such subsidy, which results in a final decree of adoption of the child by adoptive parents or the designated tutor or guardian of the child who is relying on the availability of the subsidy at the time of the final decree of adoption, shall constitute a contractual obligation on the part of the state in favor of the adoptive parents, tutor, or guardian to the extent that such parents, tutor, or guardian remain eligible for the subsidy under the laws and regulations prevailing on the date of the final decree of adoption. Such obligation shall cease when the adopted child reaches the age of majority.

(2) Changes in the child's condition or changes in the income of the adoptive parents, where the condition or income formed the basis for the subsidy, shall be cause for modifying the subsidy agreement in accordance with the laws and regulations prevailing at the time of the final decree of adoption.

G. Payment expenses. The adoptive parents may be awarded a one-time payment to cover non-recurring expenses of the adoption, such as attorney fees and court costs, directly related to the legal adoption of a child with special needs, in an amount to be approved by the department.

Acts 2013, No. 66, §1, eff. May 31, 2013.