2006 New Mexico Statutes - Section 32A-5-45 — Administration of subsidized adoptions.

32A-5-45. Administration of subsidized adoptions.

A.     The department shall promulgate all necessary regulations for the administration of the program of subsidized adoptions or placement with permanent guardians.

B.     Subsidy payments may include payments to vendors for medical and surgical expenses and payments to the adoptive parents or permanent guardians for maintenance and other costs incidental to the adoption, care, training and education of the child.  The payments in any category of assistance shall not exceed the cost of providing the assistance in foster care.  Payments shall not be made under this section after the child reaches eighteen years of age, except for a child who is enrolled in the medically fragile waiver program, in which case the payments may extend until the child is twenty-one years of age.

C.     A written agreement between the adoptive family or permanent guardians and the department shall precede the decree of adoption or permanent guardianship.  The agreement shall incorporate the terms and conditions of the subsidy plan based on the individual needs of the child within the permanent family.  In cases of subsidies that continue for more than one year, there shall be an annual redetermination of the need for a subsidy.  The department shall develop an appeal procedure whereby a permanent family may contest a division determination to deny, reduce or terminate a subsidy.