413-130-0040 Eligibility for an Adoption Assistance Payment (1) In determining eligibility for an adoption assistance payment, the Department may not impose an income eligibility requirement for the pre-adoptive family or adoptive family. (2) To be eligible for a Title IV-E funded adoption assistance payment, a child must meet all of the following requirements. (a) Be a citizen of the United States or a Qualified Non US Citizen as described in OAR 413-100-0210(2), and in 8 USC 1641(b) or (c). (b) When the child is a Qualified Non US Citizen and is placed with a pre-adoptive parent who is an Unqualified Non-Citizen, the child must meet the five year residency requirement set forth in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193. (c) Be determined eligible for Title IV-E adoption assistance under OAR 413-100-0335. (3) A licensed adoption agency, participating tribe, or another individual applying to receive adoption assistance on behalf of a child determined to have special needs must make all requested efforts to assist the Department in establishing Title IV-E eligibility. (4) Except as provided in section (4) of this rule, a child determined to be ineligible for a Title IV-E adoption assistance payment is eligible for a state-funded adoption assistance payment when the child meets all of the following criteria. (a) Is in the legal custody of: (A) The Department; (B) A participating tribe; or (C) A licensed adoption agency and the child is placed with a family residing in Oregon. (D) A court ordered guardian who is receiving guardianship assistance through the Department. (E) A pre-adoptive parent when: (b) A child whose adoptive parent , who was receiving adoption assistance from the Department, relinquishes their parent rights directly to a pre-adoptive family residing in Oregon; or (c) A child whose parent is deceased, who was receiving adoption assistance from the Department, who is being re-adopted by a family residing in Oregon. (d) Is determined to have special needs in accordance with OAR 413-130-0020. (e) Meets the requirements in section (6) of this rule. (5) A child relinquished by a parent directly to a family residing in Oregon who is not eligible for a Title IV-E funded adoption assistance payment is only eligible for a state funded adoption assistance payment when: (a) A child currently receiving guardianship assistance from the Department and being adopted by the guardian resource or a state funded adoption assistance agreement was previously in effect on behalf of the child ; and (b) The pre-adoptive family or adoptive family is not eligible for or receiving adoption assistance for the same child through another state; (c) A child currently receiving guardianship assistance from the Department and being adopted by the guardian resource. (d) The child is in a subsequent adoption ; and (e) The child meets the requirements in section (6) of this rule. (6) In addition to the eligibility requirements in section (4) or (5) of this rule, a child must also be a citizen of the United States to receive a state funded adoption assistance payment when the child is being brought into the United States for the purpose of adoption or being placed outside of the United States, or a territory or possession thereof. (7) When an adopted child becomes legally free for re-adoption due to the voluntary relinquishment of parental rights, the termination of the rights of the legal parent or parents, or the death of the legal parent or parents: (a) The child must be determined to have special needs under OAR 413-130-0020 at the time the child again becomes available for adoption; and (b) The determination of funding eligibility of the adopted child for adoption assistance remains as it was the last time the child was determined eligible for adoption assistance. Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 418.330, ORS 418.335 & ORS 418.340 History: CWP 91-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 1-2023, minor correction filed 05/05/2023, effective 05/05/2023 CWP 24-2015, f. & cert. ef. 10-26-15 CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11 & cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 11-1999(Temp), f. & cert. ef. 6-3-99 thru 11-30-99 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95