2006 Indiana Code - CHAPTER 26. ADOPTION SUBSIDIES
IC 31-19-26Chapter 26. Adoption Subsidies
IC 31-19-26-1
Order for payment of subsidy; contents
31-19-26-1 Sec. 1. (a) When a petition for adoption is filed
seeking a subsidy and the payment of a subsidy is ordered by the
court, the order must contain the following information:
(1) Whether a subsidy will be paid under section 2 or 3 of this
chapter, or both.
(2) The amount of each subsidy to be paid.
(3) If a subsidy will be paid under section 3 of this chapter, the
condition or cause covered by the subsidy.
(4) Any condition for the continued payment of a subsidy other
than a requirement set forth in this chapter.
(b) The county office of family and children of the county
responsible for foster care of an adoptive child may be ordered to pay
either or both of the subsidies under this chapter to the adoptive
parents or designated payees to the extent that money is available.
As added by P.L.1-1997, SEC.11.
IC 31-19-26-2
Subsidy for support
31-19-26-2 Sec. 2. The court may order the department to pay a
subsidy for the support of the adoptive child in an amount not to
exceed the monthly cost of care of the child in a foster family home
if federal payments for adoption assistance under 42 U.S.C. 673 are
not equal to the total monthly cost of care of the child in a foster
family home.
As added by P.L.1-1997, SEC.11.
IC 31-19-26-3
Subsidy for health care expenses
31-19-26-3 Sec. 3. The court may order the department to pay a
subsidy for the medical, surgical, hospital, and related expenses for
an adoptive child due to the physical, mental, emotional, or medical
condition of the child if:
(1) the condition or the cause of the condition existed before the
petition for adoption was filed; and
(2) payments from insurance or public money to treat the
condition or cause of the condition are not available to the
adoptive child or adoptive parents.
As added by P.L.1-1997, SEC.11.
IC 31-19-26-4
Duration of subsidy
31-19-26-4 Sec. 4. (a) Subject to subsection (b), the subsidies
under sections 2 and 3 of this chapter continue:
(1) until:
(A) the child becomes eighteen (18) years of age;
(B) the child becomes emancipated;
(C) the child dies;
(D) the child's adoption is terminated; or
(E) further order of court;
whichever occurs first; and
(2) although the adoptive parents leave the jurisdiction of the
court.
(b) The court may order a subsidy granted under this chapter to
continue until the adoptive child becomes twenty-one (21) years of
age. The court may issue an order under this subsection if:
(1) the adoptive child files a petition for the order; and
(2) the court determines that the child is enrolled in:
(A) a secondary school;
(B) a college or university; or
(C) a course of vocational training leading to gainful
employment.
As added by P.L.1-1997, SEC.11.
IC 31-19-26-5
Periodic reporting of location of parents and child and child's
condition; revision of order based on changed conditions
31-19-26-5 Sec. 5. (a) As a condition for continuation of the
subsidies, the court shall require the adoptive parents to file a sworn
report with the court, with an additional copy to be filed with the
county office of family and children making the payments of aid, at
least one (1) time each year, stating:
(1) the location of the parents; and
(2) the location and condition of the child.
(b) The court or the county office of family and children may
request confirmation of the veracity of the report required by
subsection (a) from any governmental agency that provides services
in the area of Indiana in which the child resides. On the basis of the
report or information received by the court indicating changed
conditions, the court may:
(1) continue;
(2) increase;
(3) reduce; or
(4) discontinue;
the subsidy by order of the court.
As added by P.L.1-1997, SEC.11.
IC 31-19-26-6
Legal status or rights and responsibilities unaffected
31-19-26-6 Sec. 6. The subsidies under sections 2 and 3 of this
chapter do not affect:
(1) the legal status of the child; or
(2) the rights and responsibilities of the adoptive parents as
provided by law.
As added by P.L.1-1997, SEC.11.
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