(1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.
(2) In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.
(3) If the child is the dependent of a licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103. The agency shall present evidence that reasonable efforts have been made to place the child without subsidy. Upon such a showing, the department shall certify the child as a child with special needs.