A. The department shall promulgate all necessary regulations for the administration of the program of subsidized adoptions or placement with permanent guardians.

B. Subsidy payments may include payments to vendors for medical and surgical expenses and payments to the adoptive parents or permanent guardians for maintenance and other costs incidental to the adoption, care, training and education of the child. The payments in any category of assistance shall not exceed the cost of providing the assistance in foster care. Payments shall not be made under this section after the child reaches eighteen years of age, except for a child who is enrolled in the medically fragile waiver program, in which case the payments may extend until the child is twenty-one years of age. Payments shall be made pursuant to this section until a child reaches twenty-one years of age if the adoption assistance agreement was in effect when the child was at least sixteen years of age and, between the ages of eighteen and twenty-one years of age, the child:

(1) has completed secondary education or a program leading to an equivalent credential;

(2) is enrolled in an institution that provides post-secondary or vocational education;

(3) participates in a program or activity designed to promote or remove barriers to employment;

(4) is employed for at least eighty hours per month; or

(5) is incapable of doing any of the activities described in Paragraphs (1) through (4) of this subsection due to a medical or behavioral condition, and provides evidence of the child's incapability, which evidence is supported by regularly updated information.

C. A written agreement between the adoptive family or permanent guardians and the department shall precede the decree of adoption or permanent guardianship. The agreement shall incorporate the terms and conditions of the subsidy plan based on the individual needs of the child within the permanent family. In cases of subsidies that continue for more than one year, there shall be an annual redetermination of the need for a subsidy. The department shall develop an appeal procedure whereby a permanent family may contest a division determination to deny, reduce or terminate a subsidy.

D. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act [32A-26-1 to 32A-26-10 NMSA 1978].

History: 1978 Comp., § 32A-5-45, enacted by Laws 1993, ch. 77, § 172; 2005, ch. 189, § 73; 2019, ch. 149, § 13.

The 2019 amendment, effective June 14, 2019, extended adoption assistance subsidy payments for certain individuals; in Subsection B, added "Payments shall be made pursuant to this section until a child reaches twenty-one years of age if the adoption assistance agreement was in effect when the child was at least sixteen years of age and, between the ages of eighteen and twenty-one years of age, the child:", and added Paragraphs B(1) through B(5); and added Subsection D.

The 2005 amendment, effective June 17, 2005, in Subsection B, provided that payments shall not be made after the child reaches eighteen years of age, except for a child who is enrolled in a medically fragile waiver program, in which case the payments may be extended until the child is twenty-one years of act.