OAR 413-130-0055: Extension of Adoption Assistance for a Young Adult

(1) The Department may approve an extension of an adoption assistance agreement for an individual under the age of 21 when the individual and meets subsection (a) or (b) of this section. (a) An initial adoption assistance agreement was entered into on behalf of the child, and at the time of his or her 18th birthday, the child: (A) Qualifies as an individual with a developmental disability as determined by the Oregon Department of Human Services, Developmental Disabilities Services; (B) If living in a state other than Oregon, qualifies as an individual with a developmental disability as determined by the equivalent developmental disability program in that state; or (C) Qualifies for Supplemental Security Income (SSI) as determined by the Social Security Administration. (b) An initial adoption assistance agreement was entered into on behalf of the child who is age 16 or 17, and upon reaching the age of 18, the child is: (A) Completing secondary school (or equivalent); (B) Enrolled in post-secondary or vocational school; (C) Participating in a program or activity that promotes or removes barriers to employment; (D) Employed for at least 80 hours a month; or (E) Determined incapable of any of the above due to a documented medical condition, physical disability, or mental disability. (2) In order for the extension of adoption assistance under subsection (1)(a) of this rule to be approved on behalf of a young adult, the adoptive family must submit to the Department documentation from the agency making the determination described in paragraphs (1)(a)(A) through (C) of this rule. (3) In order for the extension of adoption assistance under subsection (1)(b) of this rule to be approved on behalf of a young adult, the adoptive family must submit to the Department documentation verifying the circumstances described in paragraphs (1)(b)(A) through (E) of this rule. Documentation of circumstances described in paragraph (1)(b)(E) of this rule must be from a medical or mental health professional. (4) The Department must receive the request for extension of the adoption assistance agreement and the documentation described in sections (2) and (3) of this rule: (a) At least 30 calendar days before the individual's 18th birthday; or (b) Before a date determined by the Department when the Department approves a request from the adoptive family to submit the documentation after the individual's 18th birthday. The Department must receive the request before the individual's 18th birthday. (5) If the Department does not receive the documentation as required by sections (2) through (4) of this rule, the Department may not approve an extension of an adoption assistance agreement. (6) An extension of adoption assistance approved under subsection (1)(a) of this rule will continue until the young adult turns 21 years old. (7) The Department will review the young adult's eligibility for continued adoption assistance when an extension of adoption assistance has been granted under subsection (1)(b) of this rule: (a) At least annually; or (b) When information is received that indicates the young adult may no longer be eligible for adoption assistance or may be eligible for adoption assistance in a different amount. (8) The adoptive family must notify the Department, orally or in writing, of any changes in circumstances that may make the young adult: (a) Ineligible for adoption assistance; or (b) Eligible for adoption assistance in a different amount.