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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

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MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

SOURCE: Page 52, line 38; (12)MO028704.52. -->     Page 52, between lines 38 and 39, begin a new paragraph and insert:
SOURCE: IC 31-19-26.5-3; (12)MO028704.84. -->     "SECTION 84. IC 31-19-26.5-3, AS ADDED BY P.L.146-2008, SECTION 562, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The department may 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 sufficient funds are available in the adoption assistance account of the state general fund, and can reasonably be anticipated to be available in that account during the term of the agreement or order, to make the payments as specified in the agreement or order; and
        (3) (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.
SOURCE: IC 31-19-26.5-4; (12)MO028704.85. -->     SECTION 85. IC 31-19-26.5-4 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 4. If the department determines that sufficient funds are not or will not be available in the adoption assistance account established under this chapter to make adoption subsidy payments to adoptive parents of all children who may be eligible for a subsidy payable under this chapter, the department may, in accordance with procedures established by rules:
        (1) approve new adoption subsidy agreements only for the benefit of children for whom the department has wardship responsibility at the time the adoption petition is filed; or
        (2) give priority to funding new adoption subsidy agreements for children for whom the department has had wardship responsibility.
SOURCE: IC 31-19-26.5-10; (12)MO028704.86. -->     SECTION 86. IC 31-19-26.5-10, AS ADDED BY P.L.146-2008, SECTION 562, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. An adoption assistance account is established within the state general fund for the purpose of funding adoption subsidy payments under this chapter and the state's share of adoption assistance payments under 42 U.S.C. 673. The account consists of:
        (1) amounts specifically appropriated to the department by the general assembly for adoption assistance;
        (2) amounts allocated by the department to the adoption assistance account from the department funds available to the department; in accordance with section 10.5 of this chapter; and
        (3) any other amounts contributed or paid to the department for adoption assistance under this chapter.
SOURCE: IC 31-19-26.5-10.5; (12)MO028704.87. -->     SECTION 87. IC 31-19-26.5-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10.5. (a) The department shall:
        (1) enter into an agreement described under section 3(a)(1)(A) of this chapter with each adoptive parent of a child with special needs who is eligible for an adoption subsidy under this chapter; and
        (2) allocate funds to the adoption assistance account necessary to meet the requirements under section 3 of this chapter.

     (b) This section does not require the department to enter into an agreement to:
        (1) make additional payments under section 6 of this chapter; or
        (2) continue adoption subsidy payments under section 9(b) of this chapter.

SOURCE: IC 31-19-26.5-11; (12)MO028704.88. -->     SECTION 88. IC 31-19-26.5-11, AS ADDED BY P.L.146-2008, SECTION 562, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) In determining the availability of funds in the adoption assistance account for payments of adoption subsidies under this chapter, Subject to sections 3 and 10.5 of this chapter, the department shall give priority to payments required by court orders for county adoption subsidies entered under IC 31-19-26 (before its repeal).
    (b) The provisions of this chapter applicable to continuation, modification, or termination of adoption subsidy payments shall apply after January 1, 2009, to county adoption subsidy orders entered under IC 31-19-26 (before its repeal).
SOURCE: IC 31-19-26.5-12; (12)MO028704.89. -->     SECTION 89. IC 31-19-26.5-12, AS ADDED BY P.L.146-2008, SECTION 562, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. The department shall adopt rules under IC 4-22-2, as needed, to carry out this chapter. The rules must include at least the following subjects:
        (1) The application and determination process for subsidies or other assistance provided under this chapter.
        (2) The standards for determination of a child with special needs.
        (3) The process for determining the duration, extension, modification, and termination of agreements, as provided in sections 8 and 9 of this chapter.
        (4) The procedure for administrative review and appeal of determinations made by the department under this chapter.
        (5) Subject to sections 3 and 10.5 of this chapter, the procedure for determining availability of funds for new subsidy agreements and continuation of existing agreements or orders under this chapter and IC 31-19-26 (before its repeal), including any funding limitations or priorities as provided in sections 4 and section 11 of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative Austin


MO028704/DI 107     2012