Mo. Code Regs. tit. 13 § 35-38.040

Current through Register Vol. 49, No. 20, October 15, 2024

Section 13 CSR 35-38.040 - Provision of Adoption Services

PURPOSE: This rule sets criteria for provision of adoption services.

(1) The Children's Division shall accept home assessments from families having an approved adoptive family assessment completed by the division, or other licensed child-placing agencies; registration of children designated as available for adoptive placement; and will cooperate with other state, regional, and national exchanges in the registration of children with special needs.

(2) The Children's Division shall provide subsidized adoption services to children who are considered to have special needs and who have no other financial resources or limited financial resources.

(3) In order for a child to be determined eligible for subsidized adoption services, he/she shall meet one (1) or more of the following conditions:

(A) Physical Handicap. Any physical abnormality or condition, whether congenital or not, which requires or is likely to require treatment or the purchase of special equipment or services;

(B) Intellectual Impairment. Mental development below an IQ of eighty (80) or other intellectual dysfunction as documented by psychological testing;

(C) Racial or Ethnic Minority. The child's ancestry is not Caucasian; and

(D) Other Conditions.

1. Age. The child is five (5) years old or older and has not reached the age of eighteen (18) years or twenty-one (21) years if the child's condition requires extraordinary treatment or rehabilitative services.

2. Member of a sibling group. Two (2) or more children who are siblings and are being placed with the same family.

3. Developmental disability. Any documented physical or mental condition not otherwise listed which prevents the child from functioning at the normal level for his/her age.

4. A mental or emotional disturbance. A diagnosed and documented condition which impairs the child's mental functioning, including learning dysfunctions.

5. Social maladjustment. A severe behavioral condition or inadequate social development which interferes with the child's ability to form satisfactory relationships with others.

(4) In order for a family to be eligible for subsidy, they shall be approved for adoptive placement by the Missouri Children's Division, a licensed or approved child-placing agency; or for a family residing outside Missouri, a governmental child-placing agency or a licensed or approved child-placing agency in that state; and shall cooperate in providing information for the division to reach an agreement with the family regarding the amount of services, length of time of services, and the types of services for which the division will make a subsidy payment; and shall sign an agreement specifying the terms of the adoption subsidy.

13 CSR 35-38.040

AUTHORITY: section 207.020, RSMo 2000.* This rule was previously filed as 13 CSR 40-38.020. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Aug. 18, 1977, effective Dec. 11 , 1977. Emergency amendment filed Oct. 2, 1981, effective Oct. 12, 1981, expired Jan. 13, 1982. Amended: Filed Oct. 2, 1981, effective Jan. 14, 1982. Amended: Filed Jan. 10, 1983, effective April 11 , 1983. Amended: Filed June 28, 1983, effective Nov. 11 , 1983. Moved and amended: Filed May 27, 2010, effective Nov. 30, 2010.

*Original authority: 207.020 RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.