Bill Text: IN SB0306 | 2013 | Regular Session | Introduced
Bill Title: Mandatory adoption subsidy payments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-10 - Senator Randolph added as second author [SB0306 Detail]
Download: Indiana-2013-SB0306-Introduced.html
Citations Affected: IC 31-19-26.5.
Synopsis: Mandatory adoption subsidy payments. Requires the
department of child services (department) to: (1) enter into an
agreement, with each adoptive parent of a child with special needs who
is eligible for an adoption subsidy, to provide an adoption subsidy for
the child; and (2) allocate funds to the adoption assistance account
necessary to make the adoption subsidy payments. Prohibits the
department from terminating an adoption subsidy agreement with
adoptive parents due to insufficient funds in the adoption assistance
account. Makes conforming changes. Repeals a provision that allows
the department to: (1) approve new adoption subsidy agreements only
for children who are wards of the department at the time the adoption
petition is filed; and (2) give priority to funding new adoption subsidy
agreements for children who are or were wards of the department; if the
department determines that sufficient funds are not available.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Appropriations.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) either:
(A) entered into a written agreement under section 10.5 of this chapter with the adoptive parent or parents, before or at the time the court enters a final decree of adoption under IC 31-19-11-1, that specifies the amount, terms, and conditions of the adoption assistance payments; or
(B) received a written final order in an administrative appeal in accordance with section 12(4) of this chapter concluding that the adoptive parents are eligible for a subsidy payable under this chapter and determining the appropriate subsidy amount; and
assistance account of the state general fund, and can reasonably
be anticipated to be available in that account during the term of
the agreement or order, to make the payments as specified in the
agreement or order; and
(3) (2) determined that the child is not eligible for adoption
assistance under 42 U.S.C. 673.
(b) This section does not prohibit the department from
modifying or terminating an agreement with the adoptive parent
or parents under this chapter. However, the department may not
terminate an agreement with the adoptive parent or parents due to
insufficient funds in the adoption assistance account.
(1) amounts specifically appropriated to the department by the general assembly for adoption assistance;
(2) amounts allocated by the department to the adoption assistance account from
(3) any other amounts contributed or paid to the department for adoption assistance under this chapter.
(1) enter into an agreement described under section 3(a)(1)(A) of this chapter with each adoptive parent of a child with special needs who is eligible for an adoption subsidy under this chapter; and
(2) allocate funds to the adoption assistance account necessary to meet the requirements under section 3 of this chapter.
(b) This section does not require the department to enter into an agreement to:
(1) make additional payments under section 6 of this chapter; or
(2) continue adoption subsidy payments under section 9(b) of this chapter.
(b) The provisions of this chapter applicable to continuation, modification, or termination of adoption subsidy payments shall apply after January 1, 2009, to county adoption subsidy orders entered under IC 31-19-26 (before its repeal).
(1) The application and determination process for subsidies or other assistance provided under this chapter.
(2) The standards for determination of a child with special needs.
(3) The process for determining the duration, extension, modification, and termination of agreements, as provided in sections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal of determinations made by the department under this chapter.
(5) Subject to sections 3 and 10.5 of this chapter, the procedure for determining availability of funds for new subsidy agreements and continuation of existing agreements or orders under this chapter and IC 31-19-26 (before its repeal), including any funding
of this chapter.
