Effective 28 Aug 2014

453.073. Subsidy to adopted child — determination of — how paid — written agreement. — 1. The children's division is authorized to grant a subsidy to a child in one of the forms of allotment defined in section 453.065. Determination of the amount of monetary need is to be made by the division at the time of placement, if practicable, and in reference to the needs of the child, including consideration of the physical and mental condition, and age of the child in each case; provided, however, that the subsidy amount shall not exceed the expenses of foster care and medical care for foster children paid under the homeless, dependent and neglected foster care program.

2. Beginning January 1, 2015, subsidy agreements entered into under this section shall include a provision allowing for the suspension or redirection of subsidy payments in the event that the child has been:

(1) Adjudicated dependent and made a ward of the court under subdivision (1) of subsection 1 of section 211.031; and

(2) Removed from the physical or legal custody of the parent or parents by a court of competent jurisdiction.

3. The subsidy shall be paid for children who have been in the care and custody of the children's division under the homeless, dependent and neglected foster care program. In the case of a child who has been in the care and custody of a private child-caring or child-placing agency or in the care and custody of the division of youth services or the department of mental health, a subsidy shall be available from the children's division subsidy program in the same manner and under the same circumstances and conditions as provided for a child who has been in the care and custody of the children's division.

4. Within thirty days after the authorization for the grant of a subsidy by the children's division, a written agreement shall be entered into by the division and the parents. The agreement shall set forth the following terms and conditions:

(1) The type of allotment;

(2) The amount of assistance payments;

(3) The services to be provided;

(4) The time period for which the subsidy is granted, if such period is reasonably ascertainable;

(5) The obligation of the parents to inform the division when they are no longer providing support to the child or when events affect the subsidy eligibility of the child;

(6) The eligibility of the child for Medicaid; and

(7) That the children's division may suspend or redirect subsidy payments under subsection 2 of this section.

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(L. 1973 H.B. 254 § 453.085 subsecs. 2, 3, 4, A.L. 1978 H.B. 1684, A.L. 1981 H.B. 37, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 2001 S.B. 48, A.L. 2005 S.B. 539, A.L. 2008 H.B. 1946, A.L. 2014 S.B. 869)