A. 1. When a parent or parents are found and approved for adoption of a child who is determined by the Department of Human Services to be eligible for adoption assistance pursuant to the Oklahoma Adoption Assistance Act, and before the final decree of adoption is entered, there must be a signed written agreement between the prospective adoptive parent or parents and the Department.

2. Adoption assistance in individual cases may commence with the adoptive placement or at the time of finalization of the adoption. Adoption assistance may be for special services only, or for monthly money payments, and either for a limited period, or for a long term, or for any combination of the foregoing.

Eligibility for and the rate of monthly adoption assistance payments shall be determined by the Department in accordance with rules promulgated by the Commission for Human Services.

B. When an otherwise eligible child is determined to have a causative, preexisting condition which was not identified or known prior to the legal finalization of the adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption assistance agreement may be approved by the Department after the final decree of adoption has been entered. In the event an adoption assistance agreement is approved that provides for monthly adoption assistance payments, the adoptive parents may also be entitled to receive retroactive adoption assistance payments for a period not to exceed the two (2) months prior to the date the adoption assistance agreement was approved.

C. Any child who met the requirements of the provisions of Sections 7510-1.2 and 7510-1.4 of this title, and was determined eligible for Oklahoma adoption assistance with respect to a prior adoption, and is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the adoptive parents of the child have died, shall be eligible for Oklahoma adoption assistance with respect to any subsequent adoption.

D. 1. When adoption assistance benefits are for more than one (1) year, the Department shall send the adoptive parent or parents an Adoption Assistance Annual Review request and assure that the child who has attained the minimum age for compulsory school attendance and is eligible for an adoption assistance payment under Title IV-E of the Social Security Act, 42 U.S.C., Section 670 et seq. is:

a.enrolled in an institution that provides elementary or secondary education as determined under the law of this state or other jurisdiction in which the institution is located,

b.instructed in elementary or secondary education by any other means legally authorized,

c.in an independent study elementary or secondary education program in accordance with the law of this state or other jurisdiction in which the program is located, that is administered by the local school or school district, or

d.incapable of attending school on a full-time basis due to a documented medical condition supported by regular updates.

2. The adoptive parent or parents shall at all times keep the Department informed of circumstances including, but not limited to, whether the adoptive parent or parents continue to be legally responsible for support of the child which would make them ineligible for such assistance payments or eligible for assistance payments in a different amount.

3. The Department is authorized and directed to make a review of each adoption assistance agreement annually to assure that the parents are fulfilling their obligations under the agreement.

4. No payment may be made to any parents with respect to any child who has attained the age of eighteen (18) years, except a child may continue to receive assistance until the child reaches the age of nineteen (19) years if the child:

a.continues to attend high school or pursues General Education Development, or

b.meets the criteria for an adoption assistance difficulty of care rate as determined by the Department.

5. Termination or modification of the adoption assistance agreement may be requested by the adoptive parent or parents at any time.

6. No payment may be made to adoptive parents if the Department determines that the parents are no longer legally responsible for the support of the child or that the child is no longer receiving any financial support from such parents.

E. A child for whom an adoption assistance agreement has been reached with the Department shall remain eligible and receive adoption assistance benefits regardless of the domicile or residence of the adopting parent or parents at any given time.

F. All records regarding adoption assistance shall be confidential and may be disclosed only in accordance with the provisions of the Oklahoma Adoption Code.

Added by Laws 1982, c. 200, § 5, eff. Oct. 1, 1982. Amended by Laws 1989, c. 45, § 1, emerg. eff. April 13, 1989. Renumbered from § 60.29 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 38, emerg. eff. June 11, 1998; Laws 2001, c. 434, § 11, emerg. eff. June 8, 2001; Laws 2002, c. 445, § 14, eff. Nov. 1, 2002; Laws 2004, c. 415, § 6, emerg. eff. June 4, 2004; Laws 2006, c. 258, § 7, emerg. eff. June 7, 2006; Laws 2010, c. 324, § 2, emerg. eff. June 5, 2010.

NOTE: Laws 2001, c. 415, § 16 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.