reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.716 - Family Service Plan for Family-Based Safety Services Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) After initial contacts are made, as
					 defined in §700.714, (relating to Contacts for Family-Based Safety
					 Services), the Department of Family and Protective Services' (DFPS's) Child
					 Protective Services (CPS) Division must establish a detailed written service
					 plan and initiate any needed services for the family.
(b) The purposes of the family service plan
					 for families receiving family-based safety services are to:
(1) establish a structured, time-limited
					 process for providing services; and
(2) ensure that services progress as quickly
					 as possible towards enabling the family to:
(A) reduce the risk of abuse or neglect;
					 and
(B) function effectively
					 without CPS assistance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.718 - Lack or Refusal of Family Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a parent fails to participate in
					 services for two consecutive months and the Department of Family and Protective
					 Services (DFPS) determines that there are danger indicators impacting child
					 safety, DFPS may seek legal action, such as a court order for
					 removal.
(b) If a family is
					 unwilling to participate in a safety plan to address dangers to the child, DFPS
					 will determine if it is necessary to seek removal of the child from the
					 home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.720 - Case Closure of Family-Based Safety Services Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
					 Services' (DFPS's) Child Protective Services (CPS) Division closes family-based
					 safety services cases when:
(1) CPS
					 determines after the family was referred that the family does not meet the
					 criteria for family-based safety services.
(2) CPS services are no longer needed because
					 the family:
(A) has reduced the risk to the
					 child so that the child is safe from abuse and neglect and the family appears
					 capable of managing the remaining risk without outside assistance; or
(B) appears capable of reducing the risk to
					 the child with assistance from sources other than CPS, and the family is
					 willing and able to rely on that assistance.
(3) The family has moved out of state or
					 cannot be found after reasonable efforts to locate the family.
(4) There is not enough evidence of a threat
					 to the child's immediate safety for legal intervention and either:
(A) the family refuses to accept further
					 services; or
(B) CPS has already
					 offered or provided all available services that:
(i) are appropriate to the family's needs;
					 or
(ii) the family has requested
					 and is eligible to receive.
(5) The child will be residing outside of the
					 home of the parent under a legal agreement or an informal agreement with a
					 relative or other caregiver.
(6) At
					 least one child is removed from the home and the court grants DFPS temporary
					 managing conservatorship of the child.
(7) The only child or parent receiving
					 services dies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.722 - Case Closure Due to Removal

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 When family-based safety services are provided and the family is still unable
					 to protect a child from abuse or neglect in the immediate future, CPS staff may
					 initiate an emergency or court-ordered removal of the child from the home.
					 Substitute care services are then provided to the child and family.
(b) Prior to closing a family-based safety
					 services case due to removal of the child as described in §700.720(a)(6),
					 (relating to Case Closure of Family-Based Safety Services Cases), CPS staff
					 will explore reasonable alternatives for keeping the child safe from abuse and
					 neglect in the home. The child is removed only when there is no other
					 reasonable way to protect the child from abuse or neglect in the immediate
					 future.
(c) Whenever possible, CPS
					 staff, together with the family, make the decision to remove the child from the
					 home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.801 - What do certain pronouns, words, and terms in this subchapter mean?

Current through Reg. 49, No. 28; July 12, 2024
(a) The pronouns used in this subchapter have
					 the following meanings:
(1) The pronouns "I,"
					 "my," "you" and "your" refer to the adoptive parent(s).
(2) The pronouns "we," "us," "our" and "DFPS"
					 refer to the Texas Department of Family and Protective Services (DFPS) or any
					 of its divisions or employees, including Child Protective Services
					 (CPS).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.802 - What is adoption assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Adoption assistance is a program designed to facilitate the adoption of
					 children with special needs.
(b)
					 The three types of adoption assistance benefits that may be provided under the
					 program are:
(1) Medicaid health coverage for
					 the child;
(2) monthly payments to
					 assist in meeting the child's needs; and
(3) reimbursement of nonrecurring
					 expenses.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.803 - What are the eligibility criteria for receipt of adoption assistance for children adopted from the conservatorship of DFPS?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.804 - Who is a child with special needs?

Current through Reg. 49, No. 28; July 12, 2024
A child with special needs is one who meets all of the
						criteria in this section:
(1) At the
					 time the adoptive placement agreement is signed, the child is less than 18
					 years old and meets at least one of the following conditions:
(A) Except as provided in §
												700.863
					 of this title (relating to Does a child remain eligible for benefits in a
					 subsequent adoption?) and § 700.883 of this title (relating to Can I still
					 get adoption assistance benefits if I assume legal responsibility of a child in
					 DFPS conservatorship before the adoption is finalized?), the child was in the
					 managing conservatorship of DFPS or an authorized entity from the time of
					 adoptive placement until the consummation of the adoption, and:
(i) the child is at least six years
					 old;
(ii) the child is at least two
					 years old and a member of a racial or ethnic group that exits foster care at a
					 slower pace than other racial or ethnic groups;
(iii) the child is being adopted with a
					 sibling or to join a sibling who has been adopted by the parents or for whom
					 the parents already have permanent managing conservatorship or an equivalent
					 arrangement in another state; or
(iv) the child has a verifiable physical,
					 mental, or emotional disabling condition, as established by an appropriately
					 qualified professional through a diagnosis that addresses:
(I) what the condition is; and
(II) that the condition is disabling;
					 or
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.806 - What is enhanced adoption assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) Enhanced adoption assistance is a monthly
					 adoption assistance payment amount that may exceed the maximum monthly payment
					 ceiling specified in §
											700.844(d)
					 of this title (relating to How are monthly payment amounts determined?) that is
					 available only with respect to a child who meets the criteria specified in
					 §
											700.807
					 of this title (relating to Who is eligible to receive enhanced adoption
					 assistance?).
(b) The maximum
					 monthly payment amount that can be paid under an adoption assistance agreement
					 on behalf of a child who qualifies for enhanced adoption assistance is based on
					 the foster care rate in effect on the date the adoption assistance agreement is
					 signed and is:
(1) the minimum amount
					 required to be paid to a foster parent for a child assigned the same service
					 level as the child who is the subject of the adoption assistance agreement
					 (whether an authorized current service level or one in effect prior to
					 placement as described in §
												700.807(2)
					 of this title); and
(2) does not
					 include any amount that a child-placing agency is entitled to retain under the
					 foster care rates.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 1 - PROGRAM DESCRIPTION AND DEFINITIONS › Section 700.807 - Who is eligible to receive enhanced adoption assistance?

Current through Reg. 49, No. 28; July 12, 2024
Enhanced adoption assistance is available to an adoptive
						or prospective adoptive parent who enters into an initial adoption assistance
						agreement on or after January 1, 2009, for a child with special needs as
						described in §
											700.804
						of this title (relating to Who is a child with special needs?), who is in an
						approved adoptive placement, provided the child also meets each of the
						following criteria immediately prior to the signing of the adoptive placement
						agreement:
(1) The child is in the
					 managing conservatorship of DFPS and all parental rights to the child have been
					 terminated for at least 24 months;
(2) The child has an authorized service level
					 of "specialized" or "intense" as defined in Subchapter W of this chapter
					 (relating to Level-of-Care Service System), or, the child had such an
					 authorized service level immediately prior to being placed in a facility or
					 home operated or regulated by another state agency, such as an intermediate
					 care facility for persons with mental retardation and/or related conditions
					 (ICF/MR); a nursing facility, or a community-based waiver services (HCS)
					 residential program;
(3) The child
					 is living in:
(A) a foster care home or other
					 residential child-care operation that is regulated by the DFPS Child Care
					 Licensing Division and is approved under Licensing minimum standards to provide
					 treatment services as defined in §749.61 of this title (relating to What
					 types of services does Licensing regulate?); or
(B) a facility or home operated or regulated
					 by another state agency in this state or in another state that provides
					 comparable treatment services; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.820 - What are the Title IV-E eligibility requirements for reimbursement of nonrecurring expenses?

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for reimbursement of nonrecurring
						expenses, your child must be a child with special needs and you must sign an
						adoption assistance agreement with us before the child's adoption is finalized.
						In addition, benefits are only available to those who meet:
(1) the federal law requirements of U.S.
					 citizenship or other immigration status described in §
											700.824
					 of this title (relating to What if the child is not a U.S. citizen?);
					 and
(2) Title IV-E requirements
					 regarding criminal background checks.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.821 - What are the additional Title IV-E eligibility requirements for Medicaid and monthly assistance payments?

Current through Reg. 49, No. 28; July 12, 2024
(a) In
					 addition to the requirements in §
											700.820
					 of this title (relating to What are the Title IV-E eligibility requirements for
					 reimbursement of nonrecurring expenses?), to be eligible for Medicaid and
					 monthly assistance benefits, the child with special needs you adopt must be in
					 an adoptive placement, you must sign an adoption assistance agreement before
					 the adoption is final and the child must meet the requirements in either
					 subsection (b) or (c) of this section, depending upon whether the child is an
					 applicable child, as that term is defined in §
											700.825
					 of this title (relating to Who is considered an applicable child?).
(b) A child who is not an applicable child
					 must meet one of the following conditions:
(1) The child is eligible for Supplemental
					 Security Income (SSI) benefits, as determined by the Social Security
					 Administration (SSA) prior to the finalization of the adoption;
(2) We or another public welfare agency has
					 determined that the child met or would have met the eligibility criteria for
					 Title IV-E foster care based on AFDC eligibility, as further described in
					 §
												700.822
					 of this title (relating to How do we determine whether the child was AFDC
					 eligible?) and §
												700.823
					 of this title (relating to What is necessary for a court order to be considered
					 a removal?);
(3) We already
					 determined that the child was eligible for Title IV-E adoption assistance in a
					 prior adoption; or
(4) Just before
					 the adoptive placement and immediately prior to termination of the minor
					 parent's parental rights, the child was living with a minor parent in foster
					 care, and eligible to receive Title IV-E foster care payments under
					 42
					 U.S.C.
					 §675(4)(B).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.822 - How do we determine whether the child was AFDC eligible?

Current through Reg. 49, No. 28; July 12, 2024
To determine whether the child was AFDC eligible, we must
						consider the detailed circumstances of the home of the parent or relative from
						which the court ordered the child to be removed. If the child was no longer
						living in the home when the court ordered removal:
(1) the child must have been living there at
					 some point during the six months before the court removal proceedings began;
					 and
(2) we must determine that the
					 child would have been eligible for AFDC assistance had the child still been
					 living in that home during the month the court proceedings began.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.823 - What is necessary for a court order to be considered a removal?

Current through Reg. 49, No. 28; July 12, 2024
(a) The first order issued by the court in
					 response to the petition to remove the child from the home must contain a
					 judicial finding to the effect that it is contrary to the child's welfare, or
					 not in the child's best interest, to remain in the home.
(b) If the child leaves the home under a
					 voluntary arrangement, the petition to remove the child from that home must be
					 filed before six months have passed and the first court order issued in
					 response must contain the required judicial finding stated in subsection (a) of
					 this section.
(c) If a court order
					 only acknowledges and approves the voluntary relinquishment of a child, it is
					 not a judicial removal and does not meet the requirements for Title IV-E
					 adoption assistance eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.824 - What if the child is not a U.S. citizen?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the child is not a U.S. citizen, then
					 the child or the prospective adoptive parent must meet one of the following
					 conditions before the adoption assistance agreement is signed in order to be
					 eligible for Title IV-E assistance:
(1) the
					 child is a qualified alien who entered the U.S. prior to August 22, 1996, or
					 has been a qualified alien for at least five years;
(2) the child is a refugee or asylee, as
					 defined in
					 8
					 U.S.C.
					 §1613(b);
(3) the child meets the criteria of
					 8
					 U.S.C. §1613(b) or is a
					 trafficking victim or a derivative beneficiary of such a victim; or
(4) if the child is a qualified alien but
					 does not meet the requirements listed in paragraphs (1) - (3) of this
					 subsection, the adoptive parent is a U.S. citizen or qualified alien.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 2 - TITLE IV-E ELIGIBILITY REQUIREMENTS › Section 700.825 - Who is considered an applicable child?

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to exceptions in subsections (b)
					 and (c) of this section, an "applicable child" is a child for whom an adoption
					 assistance agreement is entered into during the federal fiscal year listed in
					 the figure in this subsection and who will have attained the age listed in the
					 same figure in this subsection prior to the end of that federal fiscal year, as
					 follows:
Attached
						Graphic
(b) The
					 child meets the "duration in care" exception because the child:
(1) has been in the conservatorship of DFPS
					 for at least 60 consecutive months;
(2) is considered a child with special needs
					 under §
												700.804
					 of this title (relating to Who is a child with special needs?); and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.840 - What is the application process for adoption assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must file a complete application with
					 the adoption assistance staff in the DFPS office in your area. Some of the
					 information you are asked to provide is unrelated to determining your child's
					 eligibility, but it may be used to discuss and negotiate the amount of monthly
					 payments, as described in §
											700.844
					 of this title (relating to How are monthly payment amounts
					 determined?).
(b) If we place the
					 child for adoption, we inform you of the adoption assistance program and
					 provide you with the application. We can help you fill out many of the required
					 forms because we have access to the necessary information in our
					 files.
(c) If an LCPA or authorized
					 entity places the child, the LCPA or authorized entity must inform you of the
					 adoption assistance program. You may need the LCPA or authorized entity to help
					 you with the application and eligibility documentation. The LCPA or authorized
					 entity can provide information directly to us on your behalf.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.841 - When do I find out if my child is eligible?

Current through Reg. 49, No. 28; July 12, 2024
We send you written notification of our decision within
						30 days after we receive your complete application. If you do not receive the
						notification or you believe your application is not being processed promptly,
						you should contact the supervisor of the adoption assistance staff in the DFPS
						office where you filed the application.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.842 - What happens if my child is determined eligible?

Current through Reg. 49, No. 28; July 12, 2024
(a) If we determine that the child is
					 eligible for adoption assistance, we send you a proposed adoption assistance
					 agreement that identifies the specific benefits for which your child is
					 eligible. We must receive your signed adoption assistance agreement before you
					 finalize the adoption. Benefits are not available until there is a legally
					 binding agreement.
(b) If the child
					 is eligible for benefits other than the reimbursement of nonrecurring expenses,
					 we send you an adoption assistance agreement that may specify a monthly payment
					 amount. If you are not offered the maximum monthly payment amount, as described
					 in §
											700.844
					 of this title (relating to How are monthly payment amounts determined?), you
					 can discuss and negotiate the amount with us before you sign and return the
					 proposed adoption assistance agreement.
(c) If you and your child do not have any
					 current need for adoption assistance, but reasonably expect to have a need in
					 the future, you can sign a deferred agreement, as described in §
											700.801(10)
					 of this title (relating to What do certain pronouns, words, and terms in this
					 subchapter mean?).
(d) If the child
					 is eligible for reimbursement of nonrecurring expenses, you cannot receive that
					 benefit until after the adoption is finalized, as described in §
											700.850
					 of this title (relating to How do I get reimbursement of nonrecurring
					 expenses?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.843 - What happens if my child is determined ineligible?

Current through Reg. 49, No. 28; July 12, 2024
If we determine that the child is not eligible for
						adoption assistance, we send you written notification explaining the reasons
						for our decision and informing you of your right to appeal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.844 - How are monthly payment amounts determined?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following factors are considered and
					 discussed in negotiating and determining benefits:
(1) We evaluate your child's present need for
					 services in relation to your family's income, expenses, circumstances, and
					 plans for the future.
(2) Benefits
					 are intended only to assist in meeting your child's needs and your parental
					 responsibilities.
(3) Any and all
					 sources of income and support that are specifically designated for the child
					 (such as Retirement, Survivors, Disability Insurance (RSDI) or Veterans
					 Administration (VA) benefits) must be applied toward meeting the child's
					 needs.
(4) We do not consider costs
					 associated with your choice to meet the child's needs through private sources
					 when those needs can be met through other publicly funded sources.
(5) If the child needs special services not
					 covered by your private insurance or Texas Medicaid, we must determine the
					 actual cost of services available to meet those needs. If actual costs are not
					 available, we determine a reasonable estimate of projected costs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.845 - Can my child get adoption assistance monthly payments in addition to Supplemental Security Income (SSI) benefits?

Current through Reg. 49, No. 28; July 12, 2024
Only the Social Security Administration (SSA) can
						determine whether your child is eligible for SSI benefits. The SSA considers
						your family's financial resources in determining whether your child remains
						eligible for SSI benefits after adoption. If your child does remain eligible,
						the SSI benefits would be reduced by any amount you receive in adoption
						assistance monthly payments. If you choose to receive SSI benefits and do not
						sign an adoption assistance agreement with us before the adoption is final, you
						will not be eligible for adoption assistance if the SSI benefits stop after the
						adoption is final.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.846 - How is the effective date of the adoption assistance agreement determined?

Current through Reg. 49, No. 28; July 12, 2024
(a) Benefits are not available for any period
					 of time before the effective date of the adoption assistance agreement. The
					 effective date of the agreement cannot be before the month in which we receive
					 your completed application. DFPS may, for good cause, grant retroactive
					 benefits for a period not to exceed 12 months prior to receipt of the completed
					 application if you can demonstrate that:
(1)
					 DFPS made an error in determining that the child was not eligible for benefits;
					 or
(2) DFPS caused a delay in the
					 activation of benefits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.847 - When does the adoption assistance agreement end?

Current through Reg. 49, No. 28; July 12, 2024
The adoption assistance agreement you sign is effective
						through the month in which your child turns 18 years old, unless terminated
						earlier in accordance with §
											700.848
						of this title (relating to When can the adoption assistance agreement and
						benefits be terminated before it expires?) or your child remains eligible for
						benefits pursuant to §
											700.851
						of this title (relating to How can my child qualify for extended adoption
						assistance benefits?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.848 - When can the adoption assistance agreement and benefits be terminated before it expires?

Current through Reg. 49, No. 28; July 12, 2024
(a) The agreement
					 and benefits can be terminated when any of the following occurs:
(1) the adoptive placement ends before the
					 adoption is consummated;
(2) we
					 discover the child was mistakenly determined eligible for benefits;
(3) the child is under the age of 18 years
					 and you are no longer legally responsible for the child's support, such as when
					 your parental rights are terminated;
(4) we determine that you are no longer
					 providing any support to the child;
(5) the child dies; or
(6) you request termination of
					 benefits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.850 - How do I get reimbursement of nonrecurring expenses?

Current through Reg. 49, No. 28; July 12, 2024
(a) We must receive your signed adoption
					 assistance agreement before you finalize the adoption. After you finalize the
					 adoption, you can get reimbursement from us for your nonrecurring expenses.
					 These expenses are defined as reasonable and necessary adoption fees, court
					 costs, attorney fees, and "other expenses" that are directly related to the
					 legal adoption of your child.
(b)
					 Other expenses include the costs of adoption incurred by you or by someone else
					 who you must reimburse. Examples of these expenses, when necessary to complete
					 the adoption process, include the adoption home study, health and psychological
					 examinations, supervision of the adoptive placement, transportation and
					 reasonable costs of lodging and food for you or your child.
(c) We must receive your claim for
					 reimbursement no later than 18 months after the adoption is finalized. A claim
					 for reimbursement received later than 18 months after the adoption is finalized
					 may be referred to the Texas Comptroller of Public Accounts for processing as a
					 miscellaneous claim. If your right to reimbursement is authorized by a DFPS
					 hearing order after the adoption is final, we must receive your claim as soon
					 as possible.
(d) You must submit
					 your receipts or other proof of payment, such as cancelled checks, and a
					 certified copy of the Decree of Adoption. You are reimbursed only for expenses
					 actually incurred that are not reimbursable by a third party. For adoption
					 assistance agreements signed prior to August 1, 2012, the maximum amount that
					 you can receive as reimbursement for nonrecurring expenses is $1500 per child.
					 For adoption assistance agreements signed on or after August 1, 2012, the
					 maximum amount that you can receive as reimbursement for nonrecurring expenses
					 is $1200 per child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 3 - APPLICATION PROCESS, AGREEMENTS, AND BENEFITS › Section 700.851 - How can my child qualify for extended adoption assistance benefits?

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to qualify for extended adoption
					 assistance benefits:
(1) The child must be
					 adoptively placed in your home after the child's 16th birthday and prior to the
					 child's 18th birthday; and
(2) You
					 must provide sufficient documentation on a periodic basis as required by the
					 adoption assistance agreement to demonstrate that your child is:
(A) regularly attending high school or
					 enrolled in a program leading toward a high school diploma or high school
					 equivalence certificate;
(B)
					 regularly attending an institution of higher education or a postsecondary
					 vocational or technical program;
(C) actively participating in a program or
					 activity that promotes, or removes barriers to, employment;
(D) employed for at least 80 hours per month;
					 or
(E) incapable of performing any
					 of the activities listed in subparagraphs (A) - (D) of this paragraph due to a
					 documented medical condition, as further described in subsection (b) of this
					 section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 4 - CHANGES IN CIRCUMSTANCES › Section 700.860 - What if my child's or family's circumstances change?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must promptly inform us of the
					 following changes in circumstances regarding your adopted child or your family:
(1) any name or address changes;
(2) a change in marital status;
(3) a change in where the child is
					 living;
(4) a change in the child's
					 legal status; and
(5) any change(s)
					 that may affect continuing eligibility for benefits, as described in §
												700.848
					 of this title (relating to When can the adoption assistance agreement and
					 benefits be terminated before it expires?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 4 - CHANGES IN CIRCUMSTANCES › Section 700.861 - Will my child receive benefits if I move to, or live in, another state?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you have an adoption assistance
					 agreement with another state that provides Medicaid coverage for your child, we
					 will provide Texas Medicaid after you move here. Only medical assistance
					 benefits covered by the Texas Medicaid program are provided. The state that
					 entered into the adoption assistance agreement with you remains responsible to
					 provide any monetary payments or other services specified in that
					 agreement.
(b) If you have an
					 adoption assistance agreement with us and you move to another state, we provide
					 Texas Medicaid coverage only if the state where you live does not agree to
					 cover your child under its state Medicaid program. We remain responsible for
					 any monthly payments specified in your adoption assistance agreement no matter
					 where you live, which is why you must keep us informed of your current
					 address.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 4 - CHANGES IN CIRCUMSTANCES › Section 700.862 - Why must I recertify my child's eligibility?

Current through Reg. 49, No. 28; July 12, 2024
We require the recertification of your child's
						eligibility to ensure that you and your child remain eligible for benefits as
						provided by the agreement. We may periodically send you a recertification form
						to fill out, sign and return to us within 60 days. Failure to promptly provide
						us with the required recertification information may result in an overpayment
						of benefits, which we may require you to repay or which we may deduct from any
						future benefits to which you are entitled, at our option.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 4 - CHANGES IN CIRCUMSTANCES › Section 700.863 - Does a child remain eligible for benefits in a subsequent adoption?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes; if you live in Texas and plan to
					 adopt a child that had been receiving adoption assistance under a signed
					 adoption assistance agreement, that child can remain eligible for adoption
					 assistance benefits even if the child is not in the conservatorship of DFPS
					 from the time of adoptive placement until the consummation of the adoption, if
					 the following conditions are met:
(1) the
					 child was receiving adoption assistance from us or as a result of having been
					 determined eligible under Title IV-E by another state's child welfare
					 agency;
(2) we determine that the
					 child is a child with special needs, as described in §
												700.804
					 of this title (relating to Who is a child with special needs?); and
(3) a new adoption assistance agreement is
					 signed with us before you finalize the adoption.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 5 - APPEALS AND HEARINGS › Section 700.880 - What are my rights to appeal a DFPS decision regarding adoption assistance benefits?

Current through Reg. 49, No. 28; July 12, 2024
(a) You have the
					 right to request a hearing whenever adoption assistance benefits are denied,
					 delayed, suspended, reduced, or terminated or when the processing of your
					 application is unreasonably delayed. A hearing is also available as provided in
					 §
											700.883
					 of this title (relating to Can I still get adoption assistance benefits if I
					 assume legal responsibility of a child in DFPS conservatorship before the
					 adoption is finalized?). The hearing, as described in §
											730.1102
					 of this title (relating to Definitions), provides you the opportunity to appeal
					 a decision made in a local DFPS office to a higher authority within
					 DFPS.
(b) We must receive your
					 written request for a hearing no later than 90 days after our action that you
					 are appealing. At the hearing, you can represent yourself or have another
					 person, including an attorney, represent you.
(c) There is no right to appeal our decision
					 to provide you all the benefits available, including the maximum monthly
					 payment allowed, as described in §
											700.844
					 of this title (relating to How are monthly payment amounts
					 determined?).
(d) You have the
					 right to appeal a denial of enhanced adoption assistance only if the child
					 qualifies as a child with special needs, the child meets all eligibility
					 criteria in §
											700.807(1)
					 - (3) of this title (relating to Who is eligible to receive enhanced adoption
					 assistance?), and DFPS has confirmed in writing that you are the appropriate
					 prospective adoptive placement for the child.
(e) You may not appeal a denial of extended
					 adoption assistance if your child reaches the age of 18 prior to October 1,
					 2010.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 5 - APPEALS AND HEARINGS › Section 700.881 - Can my child still get benefits if I did not sign an adoption assistance agreement before the adoption?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes,
					 but only after you request a hearing and show that there is good reason to
					 excuse your failure to have a signed adoption assistance agreement. Some good
					 reasons that provide for a hearing are:
(1)
					 We placed your child for adoption but did not inform you of the adoption
					 assistance program before the adoption was final.
(2) We or the LCPA, whichever placed the
					 child, knew facts relevant to the child's eligibility for adoption assistance
					 but did not disclose them to you before the adoption.
(3) The child's physical, mental, or
					 emotional disabling condition could not be diagnosed before the adoption, but
					 was later diagnosed by an appropriately qualified professional as having
					 existed prior to the consummation of the adoption.
(4) We made an error in determining that your
					 child was not eligible before the adoption was final.
(5) We denied you assistance because of a
					 means test.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 5 - APPEALS AND HEARINGS › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 6 - HEALTH COVERAGE BENEFIT (HCB) STIPEND › Section 700.890 - What is the Health Coverage Benefit (HCB) stipend?

Current through Reg. 49, No. 28; July 12, 2024
The Health Coverage Benefit (HCB) is a monthly stipend of
						$150 designed to assist families with limited financial resources who do not
						qualify for medical assistance under Human Resources Code, Chapter 32, to
						obtain health coverage for children adopted from DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 6 - HEALTH COVERAGE BENEFIT (HCB) STIPEND › Section 700.891 - Who is eligible for the HCB stipend?

Current through Reg. 49, No. 28; July 12, 2024
To qualify for the health coverage benefit, an adopted
						child must:
(1) Have been in the
					 conservatorship of DFPS at the time of adoptive placement;
(2) Be the subject of a final order of
					 adoption entered on or after September 1, 2007;
(3) Be under 18 years of age;
(4) Not be eligible for medical assistance
					 under Chapter 32 of the Human Resources Code; and
(5) Be a member of an adoptive family with a
					 household income less than 300% of the federal poverty level.