50-28 Adoption Assistance
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<![CDATA[CHAPTER 50-28ADOPTION ASSISTANCE50-28-01. Definitions. As used in this chapter:1."Adoption assistance" means the payment or payments for the maintenance of a<br>child which are made or committed to be made pursuant to an adoption assistance<br>program established by the laws of a party state.2."Adoption assistance state" means the state that is signatory to an adoption<br>assistance agreement in a particular case.3."Child with special needs" means an individual under twenty-one years of age, who<br>was or will be adopted before reaching eighteen years of age, and who has any of<br>the special needs described in section 50-09-02.2.4."Compact" means the interstate compact on adoption and medical assistance.5."Department" means the department of human services.6."Medical assistance" means a program operated by a state under a state plan<br>approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].7."Party state" means a state that has adopted the compact.8."Residence state" means the state in which the child lives.9."State" means a state of the United States, the District of Columbia, the<br>Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the<br>Northern Mariana Islands, or a territory or possession of the United States.50-28-02. Adoption assistance.1.This state determines the amounts of adoption assistance it will provide to a child<br>with special needs. Adoption assistance may be subject to periodic reevaluation of<br>eligibility.2.Adoption assistance and medical assistance to which this compact applies is that<br>provided from the effective date of an adoption assistance agreement.3.An adoption assistance agreement must be written, signed by the adoptive parents<br>and on behalf of the state, and include:a.A commitment that adoption assistance is payable without regard for the state<br>of residence of the adoptive parents;b.Provisions identifying the types of care and services toward which the adoption<br>assistance state must make payments;c.A commitment to make medical assistance available to the child in accordance<br>with this chapter;d.A declaration that the agreement is for the benefit of the child, the adoptive<br>parents, and the state, and that it is enforceable by any of them; ande.The date or dates upon which each payment or other benefit is to commence.Page No. 14.Any services or benefits provided for a child by this state as the residence state or<br>the adoption assistance state may be facilitated by the department on behalf of<br>another party state. Staff of the department shall assist staff of the child welfare<br>agencies of other party states and the beneficiaries of adoption assistance<br>agreements in assuring prompt and full access to all benefits included in such<br>agreements.5.Adoption assistance payments made by this state on behalf of a child living in<br>another state must be made on the same basis and in the same amounts as they<br>would be made if the child were living in this state, except that the laws of the<br>adoption assistance program of the state in which the child lives may provide for the<br>payment of higher amounts.50-28-03. Medical assistance.1.Except as provided in subsection 2:a.A child, for whom this state has agreed under the terms of an adoption<br>assistance agreement to provide medical assistance, is eligible for medical<br>assistance in this state during the entire period for which the agreement is in<br>effect and shall receive the same benefits as any other child who is covered by<br>the medical assistance program in this state;b.When a child, who is covered by an adoption assistance agreement under<br>which this state is the adoption state, is living in another party state, payment<br>for any medical services and benefits specified under the terms of the adoption<br>assistance agreement, which are not available to the child under the medical<br>assistance program of the residence state, must be made by this state as<br>required by its law; andc.A child, for whom a party state has agreed under the terms of an adoption<br>assistance agreement to provide medical assistance, is eligible for medical<br>assistance in this state during the entire period this state is the child's residence<br>state, and shall receive the same benefits as any other child who is covered by<br>the medical assistance program in this state.2.Medical assistance may be subject to periodic reevaluation of eligibility, provided<br>that:a.No reevaluation may depend upon whether the adoptive parents are eligible for<br>medical assistance; andb.Financial eligibility is based solely upon the child's income and assets.50-28-04. Compact administration.1.The executive director of the department shall:a.Execute one or more interstate compacts on behalf of this state, not<br>inconsistent with this chapter, to implement the purposes of this chapter; andb.Designate a compact administrator and a deputy compact administrator as the<br>executive director deems necessary.2.The compact administrator shall:a.Coordinate all activities under this compact within this state;Page No. 2b.Be the principal contact for officials and agencies within and without this state<br>for the facilitation of interstate relations involving this compact and benefits and<br>services provided under this compact; andc.Assist child welfare agency staff from other party states and adoptive families<br>receiving adoption and medical assistance on an interstate basis.3.Acting with compact administrators from other party states, the compact<br>administrator:a.Shall develop uniform forms and administrative procedures for the interstate<br>monitoring and delivery of adoption and medical assistance benefits and<br>services pursuant to this compact; andb.May enter into supplementary agreements, not inconsistent with the compact,<br>with some or all party states, provided that no supplementary agreement may<br>relieve a party state of any obligation to provide adoption and medical<br>assistance in accordance with applicable state and federal law and this<br>compact.50-28-05. Joinder and withdrawal.1.This state's joinder of the compact is effective upon execution of the compact by the<br>executive director of the department.2.The compact may be joined by any state.3.This state may withdraw from the compact only by written notice sent to the<br>appropriate officials of all other party states, but no such notice may take effect until<br>one year after it is given.4.All adoption assistance agreements outstanding and to which this state is a<br>signatory at the time when its withdrawal from the compact takes effect must<br>continue until they expire or are terminated in accordance with their provisions. Until<br>such expiration or termination, all beneficiaries of the agreements involved shall<br>continue to have all rights and obligations conferred or imposed by the compact, and<br>this state shall continue to administer the compact to the extent necessary to fully<br>implement those rights and obligations.Page No. 3Document Outlinechapter 50-28 adoption assistance]]>