Payment of adoption subsidies

Sec. 3. (a) Subject to section 4 of this chapter, the department shall make payments of adoption subsidy under this chapter for the benefit of a child with special needs if the department has: (1) either: (A) entered into a written agreement under section 10.5 of this chapter with the adoptive parent or parents, before or at the time the court enters a final decree of adoption under IC 31-19-11-1, that specifies the amount, terms, and conditions of the adoption assistance payments; or (B) received a written final order in an administrative appeal in accordance with section 12(4) of this chapter concluding that the adoptive parents are eligible for a subsidy payable under this chapter and determining the appropriate subsidy amount; and (2) determined that the child is not eligible for adoption assistance under 42 U.S.C. 673. (b) This section does not prohibit the department from modifying or terminating an agreement with the adoptive parent or parents under this chapter. However, the department may not terminate an agreement with the adoptive parent or parents due to insufficient funds in the adoption assistance account.