Section 465IAC2-7-1. Adoption assistance agreement; renewal; modifications; terminations

   (a) As used in this section, "adoption assistance agreement" means a written agreement, binding on the parties to the agreement, among the county department of public welfare, other relevant agencies, and the prospective adoptive parent or parents of a minor child which at a minimum does the following:

(1) Specifies the nature and amount of any payments, services, and assistance to be provided under such agreement.

(2) Stipulates that the agreement shall remain in effect regardless of the state of which the adoptive parent or parents are residents at any given time.

  (b) The adoption assistance agreement shall be signed by the county director of public welfare. The adoption assistance agreement may be reviewed at the request of the adoptive parent or parents or the county department of public welfare.

  (c) The adoption assistance agreement may be renewed with any adjustment that the circumstances may warrant.

  (d) The adoption assistance agreement may be modified, amended, rescinded, or canceled at any time by mutual agreement in writing.

  (e) The adoptive parent or parents shall notify the county department of public welfare or ensure that the county department of public welfare is notified, in writing, when:

(1) the adoptive parent or parents are no longer legally responsible for the support of the child;

(2) the child no longer receives financial support from the adoptive parent or parents; or

(3) there is any change in the family's or child's circumstances which would render the child ineligible or eligible for assistance payments in a different amount.

  (f) The adoption assistance agreement shall terminate upon fulfillment of the terms of the agreement or when the county department of public welfare determines that:

(1) the child has attained the age of eighteen (18) or, where the county department of public welfare determines the child has a mental or physical handicap which warrants continuation of assistance, the age of twenty-one (21);

(2) the adoptive parent or parents are no longer legally responsible for the support of the child; or

(3) the child is no longer receiving any support from the adoptive parent or parents.

(Department of Child Services; Title 3, Ch 7, Reg 3-704; filed Aug 31, 1982, 1:37 p.m.: 5 IR 2224; filed Aug 26, 1987, 11:00 a.m.: 11 IR 82; filed Aug 9, 1991, 11:00 a.m.: 14 IR 2228; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Aug 31, 2001, 9:47 a.m.: 25 IR 202; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-10-1) to the Department of Child Services (465 IAC 2-7-1) by P.L.234-2005, SECTION 195, effective July 1, 2005.