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10 Okl.St.Ann. § 7510-1.3
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Oklahoma Statutes Annotated Currentness
Title 10. Children
Chapter 75. Oklahoma Adoption Code
Article 10. Subsidized Adoptions Programs
Part 1. Oklahoma Adoption Assistance Act
§
7510-1.3. Program of assistance for children not eligible for federally funded adoption assistance benefits
A.
The Department of Human Services shall establish and administer an ongoing program of adoption assistance for eligible special needs children in the legal custody of the Department or a federally recognized Indian tribe, as defined by the federal
Indian Child Welfare Act
and the Oklahoma
Indian Child Welfare Act,
who are not eligible for federally
funded adoption assistance benefits. Adoption assistance benefits under this program shall be provided out of funds appropriated to the Department for the maintenance of children in foster care or made available to it from other sources.
B.
Adoption assistance benefits under this program may include Medicaid coverage, a monthly adoption assistance payment, reimbursement of nonrecurring adoption expenses, special services, or any combination of such benefits.
C.
To comply with 42 U.S.C., Section 471(a)(14) of the Social Security Act and 45 C.F.R., Section 1356.21(n), the Department shall limit the number of children under the responsibility of the Department, who remain in substitute care for a period over twenty-four
(24) months, to no more than thirty percent (30%) of the children in care during any fiscal year.
CREDIT(S)
Laws 1982, c. 200, § 3; Laws 1996, c. 297, § 13,
emerg. eff. June 10, 1996. Renumbered from Title 10, § 60.27 by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Laws 1998, c. 415, § 37, emerg. eff. June 11, 1998; Laws 2002, c. 445, § 12, eff. Nov. 1, 2002; Laws
2008, c. 159, § 5, emerg. eff. May 12,
2008.
[FN1] 25 U.S.C.A. § 1901 et seq.
[FN2] Title 10, § 40 et seq.
HISTORICAL AND STATUTORY NOTES
2009 Main Volume
The 1996 amendment designated the first and second sentences as subsection A; designated the third sentence as subsection B and therein substituted "or federally recognized
Indian tribe, as defined by the federal Indian Child Welfare Act," for "and certified adoption agency"; and designated the fourth and fifth sentences as subsections C and D respectively.
The 1998 amendment deleted subsections C and D, which prior thereto read:
"C. The Department of Human Services will set as a goal for each fiscal year commencing with the fiscal year which begins on October 1, 1983, that there will be a maximum
of forty-five percent (45%) of all children in foster care who
will remain in foster care for a period in excess of twenty-four (24) months.
"D. The Department of Human Services shall participate in adoption subsidies, foster care review boards, reunification services and protective services to achieve this goal."
Laws 2002, c. 445, § 12, rewrote section, which prior thereto read:
"A. The Department of Human Services shall establish and administer an ongoing program of adoption. Subsidies and services for children who are in the permanent custody of
the Department of Human Services for the maintenance of children in foster care or made available to it from other sources.
"B. Children who are in the court-ordered custody of a licensed private nonprofit child-placing agency or federally recognized Indian tribe, as defined by the federal Indian
Child Welfare Act, shall receive subsidies and services from funds appropriated by the Legislature."
Laws 2008, c. 159, § 5, added subsection C.
Source:
Laws 1977, c. 39, § 2.
10 O.S.1981, § 60.13a.
10 Okl. St. Ann. § 7510-1.3, OK ST T. 10 § 7510-1.3
Current with chapters of the Second
Regular Session of the 52nd Legislature
(2010) effective September 1, 2010.