Introduced Version
SENATE BILL No. 357
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-19-26.5.
Synopsis: 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: (1) prohibits the
department from approving new adoption subsidy agreements for
children who are not wards of the department at the time the adoption
petition is filed; and (2) requires the department to 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, 2011.
Broden
January 11, 2011, read first time and referred to Committee on Appropriations.
Introduced
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 357
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-19-26.5-3; (11)IN0357.1.1. -->
SECTION 1. IC 31-19-26.5-3, AS ADDED BY P.L.146-2008,
SECTION 562, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.
(a) The department
may shall
make payments of adoption subsidy under this chapter for the benefit
of a child with special needs if the department has:
(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
(2) determined that sufficient funds are available in the adoption
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.
SOURCE: IC 31-19-26.5-10; (11)IN0357.1.2. -->
SECTION 2. IC 31-19-26.5-10, AS ADDED BY P.L.146-2008,
SECTION 562, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. An adoption assistance account
is established within the state general fund for the purpose of funding
adoption subsidy payments under this chapter and the state's share of
adoption assistance payments under 42 U.S.C. 673. The account
consists of:
(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 the department funds available to the
department; in accordance with section 10.5 of this chapter;
and
(3) any other amounts contributed or paid to the department for
adoption assistance under this chapter.
SOURCE: IC 31-19-26.5-10.5; (11)IN0357.1.3. -->
SECTION 3. IC 31-19-26.5-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10.5. (a) The department shall:
(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 a 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.
SOURCE: IC 31-19-26.5-11; (11)IN0357.1.4. -->
SECTION 4. IC 31-19-26.5-11, AS ADDED BY P.L.146-2008,
SECTION 562, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) In determining the
availability of funds in the adoption assistance account for payments of
adoption subsidies under this chapter, Subject to sections 3 and 10.5
of this chapter, the department shall give priority to payments required
by court orders for county adoption subsidies entered under
IC 31-19-26 (before its repeal).
(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).
SOURCE: IC 31-19-26.5-12; (11)IN0357.1.5. -->
SECTION 5. IC 31-19-26.5-12, AS ADDED BY P.L.146-2008,
SECTION 562, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. The department shall adopt
rules under IC 4-22-2, as needed, to carry out this chapter. The rules
must include at least the following subjects:
(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
limitations or priorities as provided in sections 4 and section 11
of this chapter.
SOURCE: IC 31-19-26.5-4; (11)IN0357.1.6. -->
SECTION 6. IC 31-19-26.5-4 IS REPEALED [EFFECTIVE JULY
1, 2011].