(a) A child may be determined by the Oklahoma Department of Human Services (OKDHS) eligible for state funded adoption assistance if the child does not meet the eligibility requirements for Title IV-E adoption assistance and at the time of adoptive placement:
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(1) has not attained the age of 18 years;
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(2) was in court-ordered OKDHS custody or a federally recognized Indian tribe as defined by the federal and Oklahoma Indian Child Welfare Acts; and
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(3) met the definition of a child with special needs as set forth in OAC 340:75‑15‑128.4.
(b) The adoption assistance benefits an eligible child may receive are set forth in OAC 340:75-15-128.1. If OKDHS determines a child is eligible for an adoption assistance payment, the payment amount is determined by OKDHS within the range of payments set forth in Appendix C-20, Children and Family Services Division Rates Schedule, based on the needs of the child and circumstances of the adoptive parent(s). The other provisions of OAC 340:75-15-128.1 regarding overpayments, termination or modification, death of adoptive parent(s), or dissolution of the adoption, and relocation by adoptive parent(s) to another state also apply to state funded adoption assistance.
(c) The provisions of OAC 340:75-15-128.5 apply to state funded adoption assistance except as specifically indicated otherwise.
(d) Adoptive parents who have a history of conviction(s) for felony offense(s) as described in OAC 340:75-15-88(d)(4)(A) and (B) may be determined eligible for state funded adoption assistance on a case-by-case basis in consultation with Children and Family Services Division (CFSD), Adoption Assistance Section, per OAC 340:75‑15‑88(e).
(e) The only exception to the requirement in OAC 340:75-15-128.5(d) that Form 04AN002E, Adoption Assistance Agreement, must be signed by the adoptive parent(s) and OKDHS before finalization of the adoption is when the child is determined to have a causative pre-existing condition that was not identified or known prior to the finalization of the adoption which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization. The child must also meet the definition of a child with special needs per OAC 340:75-15-128.4.
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(1) The application procedure is the same as for Title IV-E applications made after finalization as set forth in OAC 340:75-15-128.5(f)(4). There is no requirement that the adoptive parent(s) prevail at a fair hearing.
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(2) The benefits are the same as for state funded adoption assistance approved prior to finalization of the adoption.
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(3) If eligible for a monthly adoption assistance payment, the child may also be entitled to receive retroactive payments for the two months prior to the date the adoption assistance was approved, if requested and documentation is produced that shows the child was receiving treatment or assessment during those two months.