(1) The purpose of this section is to provide adoption assistance to eligible adoptive families to establish and maintain a permanent adoptive placement for a child who has a special need and who qualifies under state and federal law. (2) (a) The division may provide adoption assistance to an adoptive family who is eligible under this section. (b) The division shall establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, eligibility criteria for the receipt of adoption assistance and supplemental adoption assistance. (c) The division shall base a determination of eligibility for the receipt of adoption assistance or supplemental adoption assistance on: (i) the needs of the child; (ii) the resources available to the child; and (iii) the federal requirements of Section 473, Social Security Act. (d) The division: (i) may, to the extent funds are available, use state funds appropriated for adoption assistance to provide post-adoption services to a child who is adopted from the custody of the division; and (ii) unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive post-adoption services for the child, regardless of whether funds for the post-adoption services come from funds appropriated for adoption assistance or post- adoption services. (3) (a) Except as provided in Subsection (3)(c) and under the federal requirements of Social Security Act, 42 U.S.C. Sec. 670 et seq., the division: (i) shall provide for: (A) payment of nonrecurring adoption expenses for an eligible child who has a special need; and (B) state medical assistance when required by federal law; and (ii) may provide for monthly subsidies for an eligible child who has a special need. (b) (i) The division shall base the level of monthly subsidy under Subsection (3)(a) on: (A) the child's present and long-term treatment and care needs; and (B) the family's ability to meet the needs of the child. (ii) The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease when the child's level of need or the family's ability to meet the child's need changes. (iii) The family or the division may initiate changes to the monthly subsidy. (c) (i) Payment of nonrecurring adoption expenses under Subsection (3)(a) may not exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is finalized. (ii) Financial support provided under Subsection (3)(a) may not exceed the maximum foster care payment that would be paid at the time the subsidy amount is initiated or revised or if the eligible child had been in a foster family home. Renumbered and Amended by Chapter 334, 2022 General Session
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