50-09-02.2. Assistance for adopted children with special needs

50-09-02.2. Assistance for adopted children with special needs

1. Assistance provided under this chapter or chapter 50-24.1 after adoption to a child

with special needs must be provided without regard to the income or resources of the

adopting parents. Except as provided in this section, such assistance continues until:

a. The adopted child is emancipated or dies;

b. The adopted child has attained the age of eighteen or up to the date the

individual attains the age of twenty-one, as elected by the state agency under

section 475(8)(B) of the federal Social Security Act [42 U.S.C. 675(8)(B)];

c. The adoption is terminated;

d. A determination of ineligibility is made by the state agency;

e. The state agency determines the adoptive parents are no longer legally

responsible for support of the child who has not attained eighteen years of age,

as the adoptive parent's parental rights have been terminated or the child is

emancipated, marries, or enlists in the military; or

f. The state agency determines the adoptive parents are no longer providing

support to the child.

2. Assistance provided to an adopted child must continue regardless of the residence of

the adopting parents. The state agency may require, as a condition of receiving

assistance under this chapter or chapter 50-24.1, that the adopting parents enter a

contract or agreement regarding the type of assistance to be received; the amount of

assistance; the identity of the physical, mental, or emotional condition for which

medical assistance is received; or any conditions for continued receipt of assistance. A

child with special needs is a child legally available for adoptive placement whose

custody has been awarded to a public agency authorized by law to receive and

provide care for the child and who is seven years of age or older; under eighteen years

of age with a physical, emotional, or mental disability or has been diagnosed by a

licensed physician, physician assistant, or advanced practice registered nurse to be at

high risk for such a disability; a member of a minority; or a member of a sibling group.

Once an adoption assistance agreement is signed with the adoptive parent, the state

agency shall obtain the concurrence of the adoptive parent if any changes in the

payment amount are made, unless the assistance is discontinued under subsection 1.