Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-7 - PROCEDURES

Current through 2024-29, July 17, 2024
a. For adoption assistance in general:
1 The child must have been legally cleared
				for adoption by the Assistant Attorney General or approval of a legal risk
				placement must have been given by the Commissioner or his designee before
				placement may be considered. Eligible children in the custody of a non-profit,
				private adoption agency licensed in this State must also be legally free for
				adoption, or approved for legal risk placement in accordance with the
				Department's Policy.
2 The family
				must have been studied and approved as meeting the Department's standards for
				adoption by either the Department or a licensed child-placing agency with an
				adoption program.
3 The child's
				caseworker shall document the "reasonable, but unsuccessful" attempts to place
				the child without adoption assistance, in accordance with departmental policy.
				on forms to be provided by the department. These efforts can be waived in some
				instances, by the Adoption Program Specialist (see 2.e. of these
				rules).
4 The reasons that the
				child cannot be placed without assistance and the reasons for the amount, type
				and duration of assistance must be established by Departmental staff on forms
				to be provided by the Department.
5
				The approved adoptive family must make application for assistance on forms to
				be provided by the Department. The application must give notice of the right to
				appeal a denial of subsidy through a fair hearing process.
6 The plan to place the child with assistance
				must have the initial approval of the Department's Adoption Supervisor on forms
				to be provided by the Department.
7
				The application and written agreement, signed by the adoptive parents or parent
				in the case of a single parent, shall be sent together with forms indicated in
				Part 7, Sections C and E, to the Bureau of Child and Family Services of the
				Department for presentation to the Commissioner or his designee.
8 The child may not be placed for adoption
				with adoption assistance until the plan has been approved and the written
				agreement signed by the Commissioner of the Department or designee. An
				exception can be made by the Commissioner or designee in certain conditions
				which develop or are discovered after the child has been placed for adoption
				but before the adoption is finalized by Probate Court, or in the case of a
				request for retroactive adoption assistance as indicated in Section 3. a.3. and
				3.b.3. of these rules.
9 If the
				Commissioner or designee does not approve the plan for adoption with
				assistance, the family shall be notified in writing, giving the reasons and
				stating the family's right to appeal the decision and procedures for appeal.
10 In all instances, the decision whether to
				place a child for adoption rests with the Department, or the licensed child
				placing agency, which under law has the full parental responsibility for the
				child.