40 Tex. Admin. Code § 700.803 - What are the eligibility criteria for receipt of adoption assistance for children adopted from the conservatorship of DFPS?

(a) To be eligible to receive adoption assistance on behalf of a child who is in DFPS conservatorship on the day immediately prior to date of adoption, the child you adopt must be a child with special needs, as specified in § 700.804 of this title (relating to Who is a child with special needs?) and you must meet all of the additional eligibility criteria set forth in this section.

(b) You must have an approved adoptive home screening by DFPS or an LCPA in Texas or other state where the LCPA is licensed or certified. If you are verified or otherwise approved to adopt a child by DFPS or an LCPA in Texas, approval of the home screening must comply with Chapter 749, Subchapter S of this title (relating to Adoption Services: Adoptive Parents), including those requirements related to background checks and prohibited criminal and abuse or neglect history incorporated by reference from Chapter 745, Subchapter F of this title (relating to Background Checks). Additional requirements may apply depending upon the state in which you are verified or otherwise approved by an LCPA to adopt a child.

(c) You must sign an adoption assistance agreement before the adoption is final, which means you must sign the agreement before the adoption is legally consummated. Exceptions can be made to this requirement only in certain circumstances, as described in § 700.881 of this title (relating to Can my child still get benefits if I did not sign an adoption assistance agreement before the adoption?).

(d) Notwithstanding any other provision of this subchapter, an applicable child who meets the definition of special needs in § 700.804 of this title is not eligible for adoption assistance if the child was not a U.S. citizen or resident prior to the adoption and the child was adopted outside the United States or brought into the United States for the purpose of adoption.

Notes

40 Tex. Admin. Code § 700.803

The provisions of this §700.803 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective September 1, 2007, 32 TexReg 5388; amended to be effective March 1, 2010, 35 TexReg 875