42-10-107. Eligibility for subsidy. Any family that applies for an adoption subsidy, is approved by the department or a licensed child placement agency as a suitable adoptive family, and adopts a child with special needs is eligible for subsidy regardless of the domicile or residence of the family at the time of application for adoption, placement, legal decree of adoption, or thereafter.

Terms Used In Montana Code 42-10-107

  • Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
  • Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
  • Child: means any person under 18 years of age. See Montana Code 42-1-103
  • Child with special needs: means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:

    (a)diagnosed as having a physical, mental, or emotional disability;

    (b)recognized to be at high risk of developing a physical, mental, or emotional disability;

    (c)a member of a minority group;

    (d)6 years of age or older; or

    (e)a member of a sibling group to be placed together for adoption. See Montana Code 42-10-103

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 42-10-103