Montana Code 42-10-108. Subsidy agreement
42-10-108. Subsidy agreement. (1) When parents are approved for adoption of a child certified as a child with special needs and before the final decree of adoption is issued, there must be a written agreement between the family and the department. The terms of the adoption subsidy agreement may commence with the adoption placement or at an appropriate time after the adoption decree.
Terms Used In Montana Code 42-10-108
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Child with special needs: means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:
(a)diagnosed as having a physical, mental, or emotional disability;
(b)recognized to be at high risk of developing a physical, mental, or emotional disability;
(c)a member of a minority group;
(d)6 years of age or older; or
(e)a member of a sibling group to be placed together for adoption. See Montana Code 42-10-103
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 42-10-103
(2)The subsidy agreement must continue in accordance with its terms until the child reaches majority or, in the case of a child with a mental or physical handicap, until 21 years of age. Termination or modification of the subsidy agreement may be requested by the adoptive parents or the department at any time.