Section 465 IAC 4-1-22 - General eligibility requirementsAuthority: IC 31-19-26.5-12; IC 31-25-2-18
Affected: IC 11-8-8; IC 31-9-2-22.5; IC 31-9-2-107; IC 31-19; IC 31-25-2-7; IC 31-25-2-8; IC 31-33-8-12
Sec. 22.
(a) To qualify for assistance under the Indiana adoption program, the adoptive child and adoptive parents shall meet all the following general eligibility requirements: (1) The child is a ward of the department when the petition for adoption is filed or otherwise meets the requirements in 42 U.S.C. 673.(2) The child is a special needs child.(3) The department has completed a criminal history check, as defined in IC 31-9-2-22.5, as required by 42 U.S.C. 671(a)(20).(4) The adoptive child is either:(A) a United States citizen; or(B) a qualified alien, as defined in 8 U.S.C. 1641(b), who is not ineligible for a federal public benefit under 8 U.S.C. 1613.(5) A Title IV-E adoption assistance agreement or state adoption subsidy agreement has been signed by the adoptive parent and the department before the final decree of adoption is entered by the court. The department will prepare the applicable agreement in a form prescribed by the department.(b) An adoptive child is a special needs child if all the following conditions are met: (1) The department has determined, as to each identified parent of the child, that the child cannot or should not be returned to, or placed in, the home of the child's parent and: (A) parental rights of the child's parent have been terminated;(B) the department has filed a petition to terminate the parental rights of the child's parent; (C) the child's parent has signed a consent to the adoption; or(D) consent of the child's parent is not required under IC 31-19-9-8.(2) One (1) of the following conditions exists: (A) The child is at least two (2) years of age.(B) The child has a medical condition or a physical, mental, or emotional disability that is expected to require continuous or long term medical treatment, as determined by a physician licensed in Indiana or another state or territory.(C) The child is a ward of the department.(3) Except as provided in subsection (c), reasonable but unsuccessful efforts have been made to place the child in an adoptive home without providing adoption assistance, which includes: (A) Internet posting of nonidentifying information about the child;(B) photo listing of the child in a picture book published and distributed by the department, or any similar program that publicizes wards available for adoption, for at least six (6) months; or(C) other unsuccessful efforts by the department or a licensed child placing agency to recruit adoptive parents who can meet the child's needs without adoption assistance.(c) Reasonable efforts need not be made to place a child without adoption assistance if those efforts are not in the best interests of the child because of the existence of: (1) significant emotional ties with a prospective adoptive parent while in the care of the adoptive parent as a foster child; or(2) other special factors or circumstances documented in the child's case file, including placement with a relative, as defined in IC 31-9-2-107(c)(2) through IC 31-9-2-107(c)(12).(d) An adoptive parent, and each member of the adoptive parent's household who is at least fourteen (14) years of age, shall successfully complete a criminal history check, as defined in IC 31-9-2-22.5, and a check of any applicable sex or violent offender registries, as described in IC 11-8-8, in the time and manner as specified by the department.(e) Adoption assistance is not available if the criminal history check reveals that an adoptive parent or a household member:(1) has ever been convicted of a felony as enumerated in 42 U.S.C. 671(a)(20)(A) involving: (A) child abuse or neglect;(B) spousal abuse (domestic battery);(C) a crime against a child, including child pornography; or(D) a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery;(2) has been convicted, within five (5) years before the date of the check, of a felony based on:(A) physical assault or battery against an adult; or(B) a drug or an alcohol related offense;(3) has been convicted of a felony that would prohibit the court from granting a petition for adoption by the adoptive parent or household member, as described in IC 31-19-11-1(c);(4) is a sex or violent offender, or a sexually violent predator, for whom the court is prohibited from granting a petition for adoption under IC 31-19-11-1(d);(5) has ever been convicted of a misdemeanor relating to the health and safety of a child; or (6) has a record of any of the following, unless the department approves a waiver request as provided in subsection (f): (B) At least four (4) misdemeanor convictions.(C) A juvenile adjudication for an act that, if committed by an adult, would be a felony described in IC 31-19-11-1(c).(D) A substantiated determination of child abuse or neglect, under IC 31-33-8-12 or comparable law in any state.(f) An adoptive parent may request a waiver of any record based on the results of a criminal history check conducted under IC 31-9-2-22.5, applicable to the adoptive parent or any household member, as described in subsection (e)(6). A waiver may be requested, considered, and granted or denied under the procedure and criteria specified in the applicable department policy relating to evaluating background checks for adoptions. If a waiver request is granted, the department will not deny adoption assistance eligibility based solely on the existence of a record described in subsection (e)(6).Department of Child Services; 465 IAC 4-1-22; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFAFiled 9/20/2024, 8:42 a.m.: 20241016-IR-465240254FRA