(a) Application process.  To apply for adoption assistance, Form 04AN001E, Adoption Assistance Application, is completed by the prospective adoptive parent(s), custodial agency, or tribe on behalf of the child and family and is submitted to Children and Family Services Division (CFSD), Adoption Assistance Section for approval.  • 1

(b) Interstate adoptive placements.  The provisions of the Adoption Assistance Program of the state in which the application is made govern the terms of an adoption assistance agreement, including, but not limited to, the rates of the adoption assistance payments.

• (1) For federally funded adoption assistance in interstate adoptions, application is made to:
• (A) Oklahoma, if the child is in the custody of the Oklahoma Department of Human Services (OKDHS) or a tribe and receiving Title IV-E foster care and placed for adoption in another state;
• (B) the other state, when an Oklahoma child is placed by any other entity;
• (C) the other state, when a child is placed in Oklahoma by the public child welfare agency of another state or a tribal child in Title IV-E foster care of another state; or
• (D) Oklahoma, when a child is placed in Oklahoma from another state by any other entity and there is compliance with the provisions of the Interstate Compact on the Placement of Children.
• (2) For state funded adoption assistance in interstate adoptions, application is made to Oklahoma only when the child is in the legal custody of OKDHS or an Oklahoma tribe, as defined in OAC 340:75-15-128.3(a)(2), at the time of adoption, regardless of the residence of the adoptive parent(s) by whom the child is adopted.  A child placed in Oklahoma from another state is not eligible for state funded adoption assistance in Oklahoma.

(c) Determination of adoption assistance benefits.

• (1) Each Adoption Assistance Agreement is tailored to the individual situation, not according to a set of predetermined guidelines.
• (2) The adoptive parent(s) is advised by the adoption specialist of the different components of adoption assistance, including special services, coverage under Title XIX Medicaid, reimbursement of non-recurring adoption expenses, and a monthly assistance payment.
• (A) If the child is eligible for Title IV-E adoption assistance, the amount of assistance payment, if any, is determined through agreement between the adoptive parent(s) and OKDHS on an amount within the range of adoption assistance rates in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, up to a maximum amount which must not exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home.  Therapeutic foster care does not constitute a foster family home for which foster care maintenance payment is made.
• (i) The adoption specialist works with the adoptive parent(s) to reach agreement on the assistance amount, taking into consideration the circumstances of the adopting parent(s) and the needs of the child.
• (ii) If the parties cannot come to an agreement, OKDHS establishes the payment amount.
• (B) If the child is eligible for state funded adoption assistance, OKDHS determines the adoption assistance payment amount within the range of rates in OKDHS Appendix C-20 based on the needs of the child and circumstances of the adoptive family.  The maximum amount of adoption assistance may not exceed the foster care maintenance payment that would have been paid during the period if the child with respect to whom the payment is made had been in a foster family home.  Therapeutic foster care does not constitute a foster family home for which foster care maintenance payment is made.
• (C) For federally funded or state funded adoption assistance, a zero payment agreement may be reached at the time Form 04AN002E, Adoption Assistance Agreement, is signed.
• (i) The zero payment agreement applies in cases where a risk of physical or mental disease exists but is not manifested, no other special factor or condition exists, and the other two criteria set forth in OAC 340:75‑15‑128.4(1) and (3) are met.
• (ii) If documented symptoms of a physical or mental disease are later manifested, Form 04AN002E may be modified by agreement of the adoptive parent(s) and CFSD.
• (D) For federally funded or state funded adoption assistance, if the child is eligible for a Difficulty of Care (DOC) Rate, this rate is the maximum monthly assistance payment.
• (E) For federally funded or state funded adoption assistance, updated supporting documentation for continuing eligibility may be required of the adoptive parent(s) by OKDHS at any time.

(d) Adoption Assistance Agreement.  Form 04AN002E must be signed by the adoptive parent(s) and OKDHS prior to finalization of the adoption for Title IV-E federally funded adoption assistance, state funded adoption assistance, and non‑recurring assistance.  • 2

• (1) Adoption assistance must be approved and the initial agreement signed prior to the child attaining 18 years of age.
• (2) When a child has been determined eligible by OKDHS, adoption assistance may commence at the time of adoptive placement or at the time of finalization of the adoption.  • 3

(e) Annual reviews.  When adoption assistance benefits are for more than one year, OKDHS annually reviews Form 04AN002E and mails to the adoptive parent(s) Form 04AN014E, Adoption Assistance Annual Review, to ensure the adoptive parent(s) is fulfilling the obligations of Form 04AN002E.  The adoptive parent is required to:

• (1) inform OKDHS when circumstances occur that make the child ineligible for assistance payments or eligible for assistance payments in a different amount; and
• (2) provide assurance annually that each child, who has attained the minimum age for compulsory school attendance under state law of the child's state of residence is:
• (A) 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;
• (B) instructed in elementary or secondary education at home in accordance with a home school law or other jurisdiction in which the home is located;
• (C) 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
• (D) incapable of attending school on a full-time basis due to a documented medical condition supported by regular updates.

(f) Application made after finalization of adoption.  This Subsection applies only to Title IV-E federally funded adoption assistance.  The provision for state funded application made after finalization of adoption is found at OAC 340:75-15-128.3(e).  Federal regulations require that Form 04AN002E be signed and in effect at the time of, or prior to, the final decree of adoption.  [45 CFR 1356.40(b)(1)]  If the adoptive parent(s) feels benefits on behalf of an adoptive child were wrongly denied, the adoptive parent(s) may request a fair hearing, even if the adoptive parent(s) applied for adoption assistance after finalization of the adoption.  If the adoptive parent(s) prevails in a fair hearing, OKDHS may determine whether the child would have met all eligibility requirements at the time of the placement in the adoptive home and at finalization of the adoption and reverse the earlier decision to deny benefits.

• (1) Eligibility.  A child may be eligible for Title IV-E post adoption assistance only if:
• (A) the adoptive parent(s) prevails in a fair hearing and it is determined that the adoptive parent(s) proved an extenuating circumstance exists, such as:
• (i) relevant facts regarding the child, the biological family, or the child's background were known and were not presented to the adoptive parent(s) prior to the finalization of the adoption;
• (ii) denial of assistance was based upon a means test of the adoptive parent(s);
• (iii) erroneous determination by OKDHS that a child was ineligible for adoption assistance; or
• (iv) OKDHS was required and failed to advise the adoptive parent(s) of the availability of the Title IV-E adoption assistance program; and
• (B) at the time of the placement in the adoptive home and at finalization of the adoption, the child met all eligibility requirements per OAC 340:75-15-128.2 and  340:75‑15‑128.4.
• (2) Benefits.  The benefits are the same as those listed in OAC 340:75-15-128.1.
• (3) Payment.  If adoption assistance payments are approved by OKDHS, they begin effective the date of approval.  OKDHS considers retroactive payments on a case‑by-case basis, but in no event for a period that exceeds five years or the date the initial application for assistance was denied, whichever is less.
• (4) Procedures.  The procedures for securing Title IV-E post adoption assistance are identified in (A) and (B) of this paragraph.
• (A) Application packet.  The application includes:
• (i) a court order showing the child was removed from the home by a judicial determination to the effect that remaining in the home was contrary to the welfare of the child;
• (ii) Form 04AN001E, Adoption Assistance Application;
• (iii) Form 08MA002E, SoonerCare Health Benefits Application;
• (iv) description of child's special needs which meet the eligibility criteria;
• (v) documentation of special needs from physician(s), social worker(s), adoptive parent(s), or other professionals, as required; and
• (vi) criminal background check.
• (B) Application process.  Application for Title IV-E post adoption assistance is made by the adoptive parent(s) to CFSD, Adoption Assistance Section and reviewed by the Adoption Assistance Review Committee.