An Act To Prevent the Reduction in Adoption Subsidy after an Agreement Has Been Signed by the Prospective Adoptive Parents and the Department of Health and Human Services
Maine Legislature, Session 126, LD 1068
Committee: Judiciary
Sponsors: BEAVERS, GRATWICK, GILBERT, GUERIN, NEWENDYKE, ROTUNDO, RYKERSON, TIPPING-SPITZ, LANGLEY, TUTTLE
Amends: 18-A MRSA §9

Legislative Document 
No. 1068 
H.P. 761 
House of Representatives, March 19, 2013 
An Act To Prevent the Reduction in Adoption Subsidy after an 
Agreement Has Been Signed by the Prospective Adoptive Parents 
and the Department of Health and Human Services 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAVERS of South Berwick. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: GILBERT of Jay, GUERIN of Glenburn, NEWENDYKE of Litchfield, 
ROTUNDO of Lewiston, RYKERSON of Kittery, TIPPING-SPITZ of Orono, Senators: 
LANGLEY of Hancock, TUTTLE of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, adoption assistance payments from the Department of Health and Human 
Services to prospective adoptive parents are essential to those parents' providing the 
necessary care and support of the adopted child; and 
Whereas, when the Department of Health and Human Services reduces adoption 
assistance payment amounts after they have been agreed upon by the department and 
prospective adoptive parents it imposes an economic hardship on the parents and 
threatens their ability to provide proper care for the child; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §9-403, sub-§(a), as enacted by PL 1995, c. 694, Pt. C, §7 
and affected by Pt. E, §2, is amended to read: 
(a).  A written agreement between the family entering into the program and the 
department must precede the final decree of adoption, except that an application may be 
filed subsequent to the finalization of the adoption if there were facts relevant to the 
child's eligibility that were not presented at the time of the request for assistance or if the 
child was eligible for participation in the program at the time of placement and the 
adoptive parents were not apprised of the program. 
Except as provided by section 9-401, subsection (h), once an adoption assistance payment 
is agreed upon and the agreement signed by the prospective adoptive parents, the 
department may not reduce the adoption assistance payment amounts. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits the Department of Health and Human Services from reducing its 
adoption assistance payments to adoptive parents once an adoption assistance payment is 
agreed upon.