Okla. Stat. tit. 10, § 10-7510-1.5

Amount - Preexisting condition - Periodic certification -

Termination or modification - Continued eligibility regardless of

residence.

A. 1. When a parent or parents are found and approved for

adoption of a child who is determined by the Department of Human

Services to be eligible for adoption assistance pursuant to the

Oklahoma Adoption Assistance Act, and before the final decree of

adoption is entered, there must be a signed written agreement

between the prospective adoptive parent or parents and the

Department.

2. Adoption assistance in individual cases may commence with

the adoptive placement or at the time of finalization of the

adoption. Adoption assistance may be for special services only, or

for monthly money payments, and either for a limited period, or for

a long term, or for any combination of the foregoing.

Eligibility for and the rate of monthly adoption assistance

payments shall be determined by the Department in accordance with

rules promulgated by the Commission for Human Services.

B. When an otherwise eligible child is determined to have a

causative, preexisting condition which was not identified or known

Oklahoma Statutes - Title 10. Children Page 384

prior to the legal finalization of the adoption and which has

resulted in a severe medical or psychiatric condition that requires

extensive treatment, hospitalization, or institutionalization, an

adoption assistance agreement may be approved by the Department

after the final decree of adoption has been entered. In the event

an adoption assistance agreement is approved that provides for

monthly adoption assistance payments, the adoptive parents may also

be entitled to receive retroactive adoption assistance payments for

a period not to exceed the two (2) months prior to the date the

adoption assistance agreement was approved.

C. Any child who met the requirements of the provisions of

Sections 7510-1.2 and 7510-1.4 of this title, and was determined

eligible for Oklahoma adoption assistance with respect to a prior

adoption, and is available for adoption because the prior adoption

has been dissolved and the parental rights of the adoptive parents

have been terminated or because the adoptive parents of the child

have died, shall be eligible for Oklahoma adoption assistance with

respect to any subsequent adoption.

D. 1. When adoption assistance benefits are for more than one

(1) year, the Department shall send the adoptive parent or parents

an Adoption Assistance Annual Review request and assure that the

child who has attained the minimum age for compulsory school

attendance and is eligible for an adoption assistance payment under

Title IV-E of the Social Security Act, 42 U.S.C., Section 670 et

seq. is:

a. enrolled in an institution that provides elementary or

secondary education as determined under the law of

this state or other jurisdiction in which the

institution is located,

b. instructed in elementary or secondary education by any

other means legally authorized,

c. in an independent study elementary or secondary

education program in accordance with the law of this

state or other jurisdiction in which the program is

located, that 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.

2. The adoptive parent or parents shall at all times keep the

Department informed of circumstances including, but not limited to,

whether the adoptive parent or parents continue to be legally

responsible for support of the child which would make them

ineligible for such assistance payments or eligible for assistance

payments in a different amount.

Oklahoma Statutes - Title 10. Children Page 385

3. The Department is authorized and directed to make a review

of each adoption assistance agreement annually to assure that the

parents are fulfilling their obligations under the agreement.
esponsible for support of the child which would make them

ineligible for such assistance payments or eligible for assistance

payments in a different amount.

Oklahoma Statutes - Title 10. Children Page 385

3. The Department is authorized and directed to make a review

of each adoption assistance agreement annually to assure that the

parents are fulfilling their obligations under the agreement.

4. No payment may be made to any parents with respect to any

child who has attained the age of eighteen (18) years, except a

child may continue to receive assistance until the child reaches the

age of nineteen (19) years if the child:

a. continues to attend high school or pursues General

Education Development, or

b. meets the criteria for an adoption assistance

difficulty of care rate as determined by the

Department.

5. Termination or modification of the adoption assistance

agreement may be requested by the adoptive parent or parents at any

time.

6. No payment may be made to adoptive parents if the Department

determines that the parents are no longer legally responsible for

the support of the child or that the child is no longer receiving

any financial support from such parents.

E. A child for whom an adoption assistance agreement has been

reached with the Department shall remain eligible and receive

adoption assistance benefits regardless of the domicile or residence

of the adopting parent or parents at any given time.

F. All records regarding adoption assistance shall be

confidential and may be disclosed only in accordance with the

provisions of the Oklahoma Adoption Code.