(a) The child. The requirements for a child to be eligible for Title IV-E adoption assistance are outlined in this subsection.
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(1) To be considered for adoption assistance, the child is:
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(A) determined to have special needs as outlined in
OAC 340:75-15-128.4 prior to the finalization of the adoption; and
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(B) by way of a voluntary placement, voluntary relinquishment, or a court-ordered removal with a judicial determination that remaining in the home would be contrary to the child’s welfare, is at the time of initiation of adoption proceedings, in the care of:
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(i) OKDHS;
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(ii) a federally recognized tribal organization; or
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(iii) effective October 1, 2009 a licensed private child placement agency.
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(2) To be eligible for adoption assistance the child:
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(A) is Aid to Families with Dependent Children (AFDC) eligible at the time of removal as defined in
OAC 340:75-13-13;
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(B) has attained the age listed in (i) through (ix) of this subparagraph in that federal fiscal year (FFY) phased in from October 1, 2009 through October 1, 2017, and an adoption assistance agreement is entered into during that FFY. The schedule for phasing in, based on the child’s applicable age which decreases by two years each subsequent FFY year, is:
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(i) FFY 2010 16 years old;
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(ii) FFY 2011 14 years old;
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(iii) FFY 2012 12 years old;
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(iv) FFY 2013 10 years old;
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(v) FFY 2014 8 years old;
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(vi) FFY 2015 6 years old;
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(vii) FFY 2016 4 years old;
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(viii) FFY 2017 2 years old; and
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(ix) FFY 2018 or thereafter any age.
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(C) meets the disability or medical requirements of the Supplemental Security
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Income (SSI) program;
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(D) is residing with a minor parent in foster care and the minor parent was placed in foster care by way of a voluntary placement agreement, voluntary relinquishment, or court-ordered removal;
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(E) was eligible for Title IV-E adoption assistance in a previous adoption in which all of the child’s adoptive parents have died or had their parental rights voluntarily or involuntarily terminated; or
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(F) beginning October 1, 2009, is a child of any age for which an adoption assistance agreement is entered into if the child:
(b) The adoptive family. There is no means test for the prospective adoptive parent(s) to determine eligibility for adoption assistance. Title IV-E adoption assistance benefits are not available if a prospective adoptive parent has a felony conviction:
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(1) at any time for child abuse or neglect; spousal abuse; crimes against children, including child pornography; or crimes involving violence, including rape, sexual assault, or homicide; or
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(2) in the past five years for physical assault, battery, or a drug related offense.
(c) School enrollment. Title IV-E adoption assistance benefits are not available unless the prospective adoptive parent(s) provides written verification at the time the prospective adoptive parent(s) applies for adoption assistance and annually thereafter, that each child who has attained the minimum age for compulsory school attendance under state law is:
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(1) enrolled in an institution which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which the institution is located;
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(2) instructed in elementary or secondary education at home in accordance with a home school law or other jurisdiction in which the home is located;
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(3) in an independent study elementary or secondary education program in accordance with the law of the state or other jurisdiction in which the program is located, which is administered by the local school or school district; or
- (4) incapable of attending school on a full-time basis due to a documented medical condition supported by regular updates.
(d) International adoption. A child who has special needs but who is not a citizen or resident of the United States and was either adopted in another country or brought to the United States for the purpose of adoption is categorically ineligible for Title IV-E adoption assistance except if the child meets the eligibility criteria after the dissolution of the international adoption.