Mich. Admin. Code R. 792.11023 - Hearings for post-finalization applications

Rule 1023.

(1) For hearings concerning adoption support subsidy or nonrecurring adoption expenses eligibility requests after the finalization of the adoption, there are certain limited circumstances in which an administrative law judge may grant approval of support subsidy or nonrecurring adoption expenses through the administrative hearing process. An approval may be granted only in cases in which there has been a determination of both of the following:

(a) A specific error was made.

(b) The childs pre-adoptive circumstances met the adoption support subsidy or nonrecurring adoption expenses eligibility requirements at the time of the adoption finalization.

(2) If the childs circumstances did not meet adoption support subsidy or non-recurring adoption expenses eligibility requirements prior to the date of the finalization of the adoption, the presence of an error is not relevant.

(3) If it is determined that a specific error occured in a case, the administrative law judge will review the childs circumstances to determine whether the child would have been eligible for an adoption support subsidy or nonrecurring adoption expenses at the time of, or prior to, the adoption finalization. The eligibility policy in the adoption subsidy manual in effect at the time of the childs adoption finalization shall be used to determine eligibility.

(4) If a childs circumstances did not meet eligibility criteria for adoption support subsidy or nonrecurring adoption expenses prior to the date of the court order finalizing the adoption but there is evidence of an error as provided in this rule, eligibility cannot be granted.

Notes

Mich. Admin. Code R. 792.11023

2015 MR 1, Eff. Jan. 15, 2015