| (a) In order to qualify for extended adoption assistance
benefits:
(1) The child must be adoptively placed in your home
after the child's 16th birthday and prior to the child's 18th birthday;
and
(2) You must provide sufficient documentation on a
periodic basis as required by the adoption assistance agreement to
demonstrate that your child is:
(A) regularly attending high school or enrolled in
a program leading toward a high school diploma or high school equivalence
certificate;
(B) regularly attending an institution of higher education
or a postsecondary vocational or technical program;
(C) actively participating in a program or activity
that promotes, or removes barriers to, employment;
(D) employed for at least 80 hours per month; or
(E) incapable of performing any of the activities listed
in subparagraphs (A) - (D) of this paragraph due to a documented medical
condition, as further described in subsection (b) of this section.
(b) There is a presumption that a child is capable
of the activities listed in subsection (a)(2)(A) - (D) of this section.
The presumption can be rebutted only if sufficient documentation is
provided to verify the medical condition and that the medical condition
renders your child incapable of those activities. Such documentation
of a medical condition might include a determination of disability
from SSA, a determination of mental retardation, or a statement from
a medical doctor. In addition, documentation must also verify the
activities of daily living your child is rendered incapable of performing
as a result of that medical condition.
(c) Notwithstanding any other provision of this subchapter,
no individual will be eligible for extended adoption assistance prior
to October 1, 2010.
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