9 CAR § 40-935. Request for continuation of federal and state-funded adoption maintenance subsidy after age 18

(a)(1) In some cases, a federal adoption maintenance subsidy or state-funded maintenance subsidy may be continued for adoptees eighteen to twenty-one (18 – 21) years of age. (2)(A) Medicaid, however, cannot be extended past eighteen (18) years of age for state-funded subsidies. (B) While the foster care Medicaid cannot be extended beyond the month the child turns eighteen (18) years of age, the family may apply for another type of Medicaid at their local county office via the Division of County Operations. (3) Medicaid coverage through the local Department of Human Services county office is not guaranteed. (b) If the adoptive parent requests that the adoption subsidy be continued past the child’s eighteenth birthday, the following criteria must be met: (1) The adoptive parent must be receiving a federal or state-funded adoption maintenance subsidy prior to the child’s eighteenth birthday; and (2) The adoptive parent must make a formal written request of the division Adoption Support Specialist to continue the subsidy and provide proof that the child: (A) Has a mental or physical disability which warrants continuation; or (B) Was adopted at sixteen (16) years of age or older and is: (i) Completing secondary education or a program leading to an equivalent credential; (ii) Enrolled in an institution which provides postsecondary or vocational education; (iii) Participating in a program or activity designed to promote or remove barriers to employment; (iv) Employed for at least eighty (80) hours per month; or (v) Incapable of doing any of the above-described activities due to a medical condition. (c)(1) The division will ensure that the child meets these employment or education requirements. (2) If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.