(1) The benefits provided in any case pursuant to this article 7 must be determined through an agreement between the adoptive parents and the county department administering the program. The terms of the agreement must be reached through a discussion and good-faith negotiation process that addresses the needs of the eligible child or youth. Once the terms of the agreement are reached by the respective parties, the parties shall sign the agreement prior to adoption finalization. If an agreement cannot be reached with the concurrence of the adoptive parents, the adoptive parents' request for adoption assistance may be reviewable through the administrative law appeals process.
The use of a means test is prohibited in the process of selecting an adoptive family. Ameans test also must not be substituted for the negotiation of an adoptive family's benefits. The circumstances of the family, as defined in section 26-7-102 (5), should be considered in negotiating a family's benefits.
Determination of the type and amount of benefits to be provided must take into consideration the circumstances of the adoptive family and the current and anticipated needs of the eligible child or youth being adopted. In no case may the amount of the monthly subsidy payment exceed the foster care maintenance payment that would have been paid if the eligible child or youth had been in foster care at the time of the eligible child or youth's adoption or at the time of renegotiation in the case of adoption assistance adjustment. The amount of payments may be adjusted periodically if either the needs of the eligible child or youth or the circumstances of the family change, but only with the concurrence of the adoptive parents.
In cases where a subsidy is not provided in an agreement, the county departmentshall document:
The child's or youth's special needs in the services record and in the state department's automated child welfare system; and
The potential need for financial subsidies that exist and may need to be activated at afuture time.
An agreement entered into pursuant to this section must be reviewed at least everythree years. The county departments shall provide written notice of the upcoming review to the adoptive family.
Any new agreement must include the circumstances under which the county department may suspend subsidy payments.
The agreement may be adjusted after good-faith negotiation and with the concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family.
Benefits provided through the program must be continued if the adoptive parentsleave the state of Colorado with the adopted child or youth.
Source: L. 2019: Entire article R&RE, (SB 19-178), ch. 180, p. 2046, § 1, effective August 2.