40 Tex. Admin. Code § 700.883 - Can I still get adoption assistance benefits if I assume legal responsibility of a child in DFPS conservatorship before the adoption is finalized?

Generally not. However, in limited circumstances you may qualify for adoption assistance benefits at DFPS's discretion, if you request a fair hearing and the hearing officer finds that the following criteria have been met:

(1) You were awarded permanent managing conservatorship of the child;

(2) The child was in the managing conservatorship of DFPS on the day immediately prior to the court awarding you permanent managing conservatorship of the child;

(3) You have an approved adoptive home study or approved adoption evaluation recommending adoption of the child by you;

(4) There is no information regarding your history, including information obtained from a state child abuse and neglect registry check or criminal background check that would make you ineligible to adopt a child who was in the conservatorship of DFPS;

(5) There are no other factors that would make you ineligible to adopt a child who was in DFPS conservatorship;

(6) The child was eligible for adoption and otherwise would have met the criteria for special needs as described in § 700.804 of this title (relating to Who is a child with special needs?) on the day that you assumed legal responsibility of the child from the conservatorship of DFPS; and

(7) The intended permanent plan for the child was adoption, and DFPS would have placed the child in your home for adoption if you had not assumed legal responsibility prior to consummation.

Notes

40 Tex. Admin. Code § 700.883

Adopted by Texas Register, Volume 42, Number 02, January 13, 2017, TexReg 86, eff. 1/19/2017