(1) The benefits provided in any case pursuant to this article 7 must be determined through an agreement between the adoptive parents and the county department administering the program. The terms of the agreement must be reached through a discussion and good-faith negotiation process that addresses the needs of the eligible child or youth. Once the terms of the agreement are reached by the respective parties, the parties shall sign the agreement prior to adoption finalization. If an agreement cannot be reached with the concurrence of the adoptive parents, the adoptive parents' request for adoption assistance may be reviewable through the administrative law appeals process. (2) The use of a means test is prohibited in the process of selecting an adoptive family. A means test also must not be substituted for the negotiation of an adoptive family's benefits. The circumstances of the family, as defined in section 26-7-102 (5), should be considered in negotiating a family's benefits. (3) (a) Determination of the type and amount of benefits to be provided must take into consideration the circumstances of the adoptive family and the current and anticipated needs of the eligible child or youth being adopted. In no case may the amount of the monthly subsidy payment exceed the foster care maintenance payment that would have been paid if the eligible child or youth had been in foster care at the time of the eligible child's or youth's adoption or at the time of renegotiation in the case of adoption assistance adjustment. The amount of payments may be adjusted periodically if either the needs of the eligible child or youth or the circumstances of the family change, but only with the concurrence of the adoptive parents. (b) (I) In addressing the needs of an eligible adopted child or youth, adoptive parents may knowingly take on additional costs for items or services for the child or youth being adopted, which items or services are otherwise covered costs under the medical assistance program established in articles 4, 5, and 6 of title 25.5 and identified as benefits in section 26-7- 106 (2)(b). The limitations on member payments contained in sections 24-31-808 and 25.5-4- 301 do not apply to the additional costs so long as the adoptive parents consent to bear the costs as provided in subsection (3)(b)(II) of this section, and so long as the provisions of this subsection (3)(b) are not prohibited under federal law. (II) The adoptive parents may enter into a written agreement with a provider under which the adoptive parents agree to pay for additional costs associated with items or services that are reimbursable under the medical assistance program but, in the judgment of the adoptive parents, may be required from a provider that is not enrolled in the medical assistance program. Under these circumstances, the adoptive parents are liable for the costs of such items or services and shall not seek reimbursement under the adoption assistance program or the medical assistance program for the cost of such items or services after the items or services have been provided and paid for pursuant to a written agreement described in this subsection (3)(b)(II). Further, the county department is not required to cover the cost of such items or services as part of the circumstances of the family or the anticipated needs of the eligible child or youth during subsidy negotiations pursuant to this section. Nothing in this section precludes consideration of any other family circumstances or anticipated needs for purposes of negotiating adoption assistance. (III) The department of health care policy and financing shall seek any federal authorization necessary under the medical assistance program, established in articles 4, 5, and 6 of title 25.5, for purposes of this subsection (3)(b). (4) In cases where a subsidy is not provided in an agreement, the county department shall document: (a) The child's or youth's special needs in the services record and in the state department's automated child welfare system; and (b) The potential need for financial subsidies that exist and may need to be activated at a future time. (5) An agreement entered into pursuant to subsection (1) of this section must be reviewed at least every three years. The county departments shall provide written notice of the upcoming review to the adoptive family. (6) Any new agreement must include the circumstances under which the county department may suspend subsidy payments. (7) The agreement may be adjusted after good-faith negotiation and with the concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family. (8) Benefits provided through the program must be continued if the adoptive parents leave the state of Colorado with the adopted child or youth.
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