SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 59

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO ADOPTIONS; EXTENDING PAYMENTS FOR SUBSIDIZED ADOPTIONS FOR CHILDREN WHO HAVE SIGNIFICANT MEDICAL OR PHYSICAL NEEDS; AMENDING A SECTION OF THE CHILDREN'S CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 32A-5-45 NMSA 1978 (being Laws 1993, Chapter 77, Section 172) is amended to read:

     "32A-5-45. ADMINISTRATION OF SUBSIDIZED ADOPTIONS.--

          A. The [social] protective services division of the department shall promulgate all necessary regulations for the administration of [the] a program of subsidized adoptions or placement with permanent guardians.

          B. Subsidy payments may include payments to vendors for medical and surgical expenses and payments to the adoptive parents or permanent guardians for maintenance and other costs incidental to the adoption, care, training and education of the child. The payments in any category of assistance shall not exceed the cost of providing the assistance in foster care and shall not be made after the child reaches eighteen years of age. Provided, subsidy payments may be continued until a child reaches twenty-one years of age when the child has significant medical or physical needs and in the absence of intensive medical intervention and highly skilled care-taking would be placed in an institution. In order to be eligible for extended subsidy payments, the child's adoptive family or permanent guardian shall first apply for federal supplemental security income that may be available. Extended subsidy payments shall be reduced by the amount of federal supplemental security income received by the child's adoptive family or permanent guardian. Extended subsidy payments shall not be paid retroactively.

          C. A written agreement between the adoptive family or permanent guardians and the [social] protective services division shall precede the decree of adoption or permanent guardianship. The agreement shall incorporate the terms and conditions of the subsidy plan based on the individual needs of the child within the permanent family. In cases of subsidies that continue for more than one year, there shall be an annual redetermination of the need for a subsidy. The [social] protective services division shall develop an appeal procedure whereby a permanent family may contest a division determination to deny, reduce or terminate a subsidy."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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