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1700 Adoption Assistance Program

CPS November 2021

Definitions

For definitions of terms related to the Adoption Assistance program, see Texas Administrative Code §700.801.

Description of the Adoption Assistance Program

The purpose of adoption assistance is to facilitate adoption of children with special needs who might otherwise not be adopted. The law requires DFPS to try to find an adoptive home for the child without adoption assistance, except when doing so is not in the child’s best interest. If a child is eligible for adoption assistance, the following types of benefits may be available:

  • Monthly payments negotiated and paid to an eligible caregiver (adoptive parent) to help a child with special needs.
  • Medical assistance, which is generally provided through Medicaid.
  • Reimbursement of nonrecurring (one-time) expenses related to adopting an eligible child.

DFPS Rules, 40 TAC §700.802(b)

Such benefits can assist a family who otherwise would be unable to adopt a child with special needs, allowing the family to give the child a permanent home.

Adoption assistance is not intended to replace the adoptive parents’ legal responsibility to support their children. Families are responsible for using their own resources to help them provide for the children’s needs. These resources are considered when determining whether a family may receive adoption assistance and, if so, the amount or types of assistance.

1710 Adoption Assistance

1711 Eligibility Requirements for Adoption Assistance for Children Adopted from DFPS Conservatorship

1711.1 General Eligibility Requirements

CPS November 2021

For any child adopted from DFPS conservatorship to be eligible for adoption assistance (either Title IV-E or state paid), the following requirements must be met:

  • The child must meet the definition of a child with special needs, as described in 1711.2 Determining Whether a Child Has Special Needs.
  • The home into which the child is placed for adoption must be approved as an adoptive home in accordance with the Minimum Standards for Child-Placing Agencies in Texas (or in accordance with applicable law, if the adoptive home is in another state). This includes a requirement that a home in Texas has an approved home screening and meets the Texas requirements about prohibited criminal and abuse or neglect history.
  • The adoptive parent or parents must sign an adoption assistance agreement before the consummation of the adoption. There are limited exceptions to this requirement, as explained in 1719.2 Adoption Assistance Agreement Was Not Signed before the Adoption’s Consummation.
  • The child must not be adopted internationally. See 1712.3 International Adoptions.

DFPS Rules, 40 TAC §700.803

1711.2 Determining Whether a Child Has Special Needs

CPS October 2010

A child with special needs is one who meets all of the criteria in this item.

Eligible Conditions for Adoption Assistance

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:

      On the day immediately preceding the date of adoption, the child was in the managing conservatorship of DFPS or an authorized entity, and:

  •  the child is at least six years old;

  •  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;

  •  the child is:

  •  being adopted with a sibling, or

  •  joining 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

  •  the child has a verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional’s diagnosis that states what the condition is and that it is handicapping.

      OR

  •  The child has been determined by the Social Security Administration to meet all the medical or disability requirements with respect to eligibility for Supplemental Security Income (SSI) benefits.

Proof of Reasonable Efforts to Find an Adoptive Home

The state has determined that the child cannot or should not be returned to the home. A reasonable effort was made to find an adoptive placement without providing adoption assistance, unless doing so was not in the child’s best interests. When the attempt to find an adoptive placement is unsuccessful, proof of such reasonable efforts may include:

  •  documentation that the child was registered on an adoption registry exchange for more than 60 days;

  •   documentation of any ongoing effort to locate an adoptive family, whether through child welfare entities or government or private organizations; or

  •  the fact that one or more adoptive placements did not result in an adoption.

DFPS Rules, 40 TAC §700.804

1711.3 Medical Assistance Only (MAO) Medicaid When a Child Has Not Qualified for Adoption Assistance

CPS November 2021

DFPS provides Medicaid coverage to children in adoptive placements until DFPS legal responsibility has ended.

For children who qualify for adoption assistance benefits, the Medicaid coverage is included as part of their adoption assistance benefit.

Children who do not qualify for adoption assistance are assigned Adoption Medical Assistance Only (MAO) coverage in the Adoption stage until one of the following occurs:

  • DFPS legal responsibility ends.
  • The child qualifies for adoption assistance benefits.

Transferring Foster Care to Adoption MAO Coverage

On the effective date of the adoptive placement, DFPS does the following:

  • The foster care eligibility specialist end-dates the child’s foster care eligibility as the date of the adoptive placement. (However, the child’s foster care Medicaid coverage continues through the end of the month.)
  • The adoption assistance eligibility specialist opens the child’s Medical Assistance Only (MAO) eligibility in the child’s Adoption stage, effective the first day of the month following the adoptive placement.
1711.4 Additional Eligibility Requirements for Monthly Payments and Medicaid Coverage

CPS November 2021

In order for a child to qualify for adoption assistance monthly payments or Medicaid coverage (other than MAO), in addition to qualifying for the reimbursement of nonrecurring adoption expenses, the child must be in an adoptive placement and meet the Title IV-E requirements for either an applicable or non-applicable child, as appropriate.

DFPS Rules, 40 TAC §700.821

To determine whether the child is an applicable child, see 1711.6 Determining Who Is an Applicable Child.

Applicable Children

Once an applicable child has satisfied the general eligibility requirements for adoption assistance and the eligibility requirements for reimbursement of nonrecurring adoption expenses, the child can qualify for Title IV-E funding by meeting one of the following additional criteria:

  • The child was in DFPS conservatorship at the time of the adoptive placement.
  • The Social Security Administration (SSA) has determined that the child meets all of the medical or disability requirements for Supplemental Security Income (SSI) benefits.
  • DFPS determined that the child was eligible for Title IV-E adoption assistance in a prior adoption.
  • Just before the adoptive placement of the child and immediately before the termination of a minor parent’s parental rights, the child was living with a minor parent as a result of a court-ordered removal. 

42 U.S.C. §673(a)(2)(A)(ii)

DFPS Rules, 40 TAC §700.821(c)

Non-Applicable Children

Once a non-applicable child has satisfied the general eligibility requirements for adoption assistance and the eligibility requirements for reimbursement of nonrecurring adoption expenses, the child can qualify for Title IV-E funding by meeting one of the following additional criteria:

  • The Social Security Administration (SSA) has determined that the child meets all of the medical or disability requirements for Supplemental Security Income (SSI) benefits.
  • DFPS or another state’s public child welfare agency has already determined that the child was eligible for Title IV-E foster care, based on Aid to Families with Dependent Children (AFDC) eligibility. See 1532 Additional Eligibility Requirements for Title IV-E Foster Care.
  • DFPS determined that the child was eligible for Title IV-E adoption assistance in a prior adoption.
  • Just before the adoptive placement of the child and immediately before the termination of a minor parent’s parental rights, the child was living with a minor parent who was in foster care, and the minor parent was receiving additional Title IV-E dollars to cover the costs of the child while in foster care.

42 U.S.C. §673(a)(2)(A)(i)

DFPS Rules, 40 TAC §700.821(b)

1711.5 Eligibility Requirements for State-Paid Adoption Assistance

CPS November 2021

To be eligible for state-paid adoption assistance, the child must be in an adoptive placement and meet both of the following requirements:

DFPS Rules, 40 TAC §700.803

1711.6 Determining Who Is an Applicable Child

CPS November 2021

Federal law provides different eligibility criteria for Title IV-E adoption assistance, depending on whether the child is an applicable child.

A child is an applicable child if he or she meets any of the following criteria:

  • Minimum age requirement.
  • Time in care requirement.
  • Sibling requirement.

Minimum Age Requirement

This requirement relates to the child’s age during the federal fiscal year (FFY) during which DFPS first enters into the adoption assistance agreement with the adoptive parents. Effective October 1, 2018 (FFY 2018), a child must be at least two years old by the end of the FFY in which the adoption assistance agreement was signed, to be an applicable child by meeting the minimum age requirement.

Time in Care Requirement

The term applicable child also includes a child who has been in foster care under the responsibility of DFPS for 60 consecutive months, if the child meets the definition of a child with special needs. The 60-consecutive-month period is any 60 consecutive months that occurred before signing the adoption assistance agreement.

Sibling Requirement

The term applicable child also includes a child whose sibling is an applicable child (based on age or time in care), if the siblings are both placed in the same adoptive placement. The sibling who does not qualify as an applicable child based on age or time in care must also meet the definition of a child with special needs.

1711.7 Eligibility Requirements for Extended Adoption Assistance

CPS November 2021

Extended adoption assistance benefits are available to eligible youth to allow them to remain eligible for adoption assistance through the month in which they turn 21, if both of the following requirements are met:

  • The youth’s adoptive parents initially entered into an adoption assistance agreement with DFPS after the youth’s 16th birthday and before the youth’s 18th birthday.
  • The youth or adoptive family submits documentation sufficient to establish that the youth is one of the following:
    • Regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate.
    • Regularly attending an institution of higher education or a postsecondary vocational or technical program.
    • Participating in a program or activity that promotes employment or removes barriers to employment.
    • Employed for at least 80 hours a month.
    • Incapable of doing the activities described above because of a documented medical condition. There is a presumption that a youth is capable of doing the activities, and the burden of proof to demonstrate that the youth is incapable is the adoptive family’s responsibility.

Each year, the adoption assistance eligibility specialist verifies that the youth meets the requirements above (such as by working or attending school). The adoptive family submits documents directly to the adoption assistance eligibility specialist verifying the student’s attendance or the youth’s other qualifying activity. See Texas Administrative Code §700.851: How can my child qualify for extended adoption assistance benefits?.

No extended adoption assistance benefits were available before October 1, 2010. Youth who turned 18 before that date are excluded from receiving these benefits or a hearing to appeal the denial of these benefits.

DFPS Rules, 40 TAC §700.880(e)

1711.8 Permanent Managing Conservatorship When Adoption Assistance Is Not Available

CPS November 2021

When the court terminates parental rights, adoption is the first option the caseworker considers as a permanent placement for the child. However, if adoption is not an option for the child (see 6683 Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance), DFPS determines whether the transfer of permanent managing conservatorship (PMC) with the support of permanency care assistance (PCA) is an option for the family. See the following sections and their subitems:

6680 Permanency Care Assistance (PCA)

1600 Permanency Care Assistance

If the family does not qualify for PCA and the child is not eligible for adoption, the caseworker explains to the family what benefits they may be eligible for when they are granted PMC.

In the unusual circumstance that PMC is transferred to a caregiver who could adopt the child, the caseworker does the following:

After the caseworker and caregiver discuss the brochure and conservatorship, the caseworker gives the caregiver a copy of Form 0685 Intent to Become Permanent Managing Conservator (PMC) for the caregiver’s signature.

By signing the form, the caregiver indicates both of the following:

  • He or she understands that the child will qualify for neither adoption assistance nor postadoption services if the caregiver is appointed as permanent managing conservator.
  • He or she waives any right to request adoption assistance or postadoption services after being appointed as permanent managing conservator.

If a caregiver declines to sign Form 0685 Intent to Become Permanent Managing Conservator (PMC), then the caseworker completes and signs the bottom of the form. The caseworker documents in IMPACT the reasons the caregiver gave for declining to sign the form, including the date the caseworker attempted to receive the signature.

1712 Eligibility Requirements for Adoption Assistance for Children Adopted from the Conservatorship of an LCPA

1712.1 Eligibility Requirements

CPS November 2021

A child who is adopted from the conservatorship of a licensed child-placing agency (LCPA) can only qualify for Title IV-E adoption assistance, not for state-paid adoption assistance. State-paid adoption assistance is authorized only for children living in foster homes at state or county expense.

Texas Family Code §162.304

To qualify for adoption assistance, a child adopted from an LCPA must meet all of the following requirements:

In most cases, a child adopted from an LCPA’s conservatorship does not meet the general eligibility requirements, especially the definition of special needs, unless the child meets the medical or disability requirements for SSI. Even if the child meets the general eligibility requirements, the adoptive parents must still establish that the child meets the Title IV-E eligibility requirements, which is very unlikely, unless the child is eligible for SSI or is an applicable child.

1712.2 Case Record for Adoption Assistance

CPS November 2021

DFPS staff members establish a separate case record if DFPS determines that a child is eligible for adoption assistance. (The adoption assistance case record is separate from the child’s foster care eligibility record.) The record is labeled in the child’s adoptive name and also includes the adoptive parents’ names. The following documents are included in the record:

1712.3 International Adoptions

CPS November 2021

Reimbursement of nonrecurring expenses is the only type of adoption assistance for which a child who was adopted internationally may be eligible.

See 1711.6 Determining Who Is an Applicable Child.

Non-Applicable Children

If a non-applicable child was either adopted outside the U.S. or brought to the U.S. for the purpose of adoption, he or she may qualify for reimbursement of nonrecurring adoption expenses if all of the following requirements are met:

  • The child was under age 18 at the time the adoptive placement agreement was signed.
  • There is a court order (from a court in the U.S.) granting managing conservatorship of the child to DFPS or another authorized entity, such as another public agency or tribe, with whom DFPS has a Title IV-E agreement allowing the other authorized entity to receive federal funding under Title IV-E of the Social Security Act.
  • The child meets the special needs criteria in Texas Administrative Code §700.804: Who is a child with special needs? (see also 1711.2 Determining Whether a Child Has Special Needs).
  • DFPS has determined that the child cannot or should not return to the home of his or her birth parent.
  • DFPS has made reasonable but unsuccessful efforts to find an adoptive placement for the child without reimbursement of nonrecurring adoption expenses, unless doing so was not in the child’s best interest.

Applicable Children

By federal law, an applicable child with special needs is ineligible for any adoption assistance benefits if both of the following apply:

  • The child was not a U.S. citizen or resident before the adoption.
  • The child was adopted outside the U.S. or brought to the U.S. for the purpose of adoption.

42 U.S.C. §673(a)(7)

DFPS Rules, 40 TAC §700.803(d)

1713 Jurisdiction and Responsibility for Determining Eligibility and Activating Benefits

1713.1 Determining Which Children Are within DFPS Jurisdiction

CPS November 2021

Children within Jurisdiction of DFPS

DFPS is responsible for determining eligibility and negotiating adoption assistance agreements for children who are placed for adoption under the following circumstances:

  • Children who are in DFPS managing conservatorship, regardless of the location of the placement.
  • Children who are in the legal care of, and placed for adoption by, a licensed child-placing agency, if the child is placed with a family that lives in Texas. The child-placing agency does not need to be licensed in Texas, but if it is not, it must be licensed or certified by another state to provide adoption placement services.
  • Children who meet all of the following criteria:
    • Previously received Title IV-E adoption assistance, and that adoptive relationship ended because of the deaths of the adoptive parents or termination of their parental rights.
    • Are not in the care of another state’s public child welfare agency.
    • Have subsequent adoptive parents who live in Texas at the time of the adoptive placement.
  • Children who meet all of the following criteria:
    • Previously received Texas state-paid adoption assistance, and that adoptive relationship ended because of the deaths of the adoptive parents or termination of their parental rights.
    • Are not in the care of another state’s public child welfare agency.
    • Are subsequently to be adopted, regardless of the adoptive parents’ state of residence.

In addition to the above criteria, DFPS is responsible for authorizing Medicaid coverage for children who live in Texas and have an adoption assistance agreement with another state’s child welfare agency. See 1730 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance.

For information on whether a child will receive benefits if a family moves to or lives in another state, see Texas Administrative Code §700.861.

Children outside Jurisdiction of DFPS

DFPS is not responsible for determining eligibility or providing adoption assistance to children with special needs under the following circumstances:

  • The child previously received Title IV-E adoption assistance in Texas, but a subsequent adoption is taking place in another state.
  • The child is in the legal care of, and placed by, a private child-placing agency and is being placed with adoptive parents who live in another state.
1713.2 Determining Which Region Has Responsibility for a Case

CPS November 2021

Processing Requests for Assistance, Determining Eligibility, and Negotiating Benefits

The following guidelines determine which region is responsible for processing requests for adoption assistance, determining eligibility, and negotiating benefits:

  • When the child is placed by DFPS or a licensed Texas child-placing agency and the family lives in Texas, the region that holds managing conservatorship of the child processes the initial request for assistance.
  • If the child is not placed by DFPS or by a licensed Texas child-placing agency, the region where the adoptive parents live processes the request.
  • If a DFPS employee is seeking to adopt a child from the same region where the employee works, then another region handles the adoption assistance case. This coordination is handled at a program director level.

Maintaining the Case

The following guidelines determine which region is responsible for maintaining the adoption assistance case:

  • The region where the adoptive parents live maintains the case once eligibility is determined, the adoption assistance agreement is made and signed, and payment for nonrecurring adoption expenses is made.
  • The region that determined eligibility and entered into the adoption assistance agreement maintains the case when the child is placed for adoption out of state.
  • The region that last managed the case maintains it if the family moves out of state.
  • The region where the family lives maintains the case if DFPS is authorizing Medical Assistance Only (MAO) for a child receiving adoption assistance under an agreement with another state.

1714 Program Notification, Application Process, and Responsibility for Cases

1714.1 Informing Families of the Adoption Assistance Program

CPS November 2021

When an adoptive placement of a child meeting the special needs criteria, as defined in 1711.2 Determining Whether a Child Has Special Needs, is planned, the agency with legal authority to place the child is responsible for doing all of the following:

1714.2 Application Process for Adoption Assistance

CPS November 2021

The CPS caseworker requests adoption assistance. The request must be made as early in the placement process as possible, so DFPS can make a preliminary determination of eligibility before the adoptive placement agreement is signed.

This allows time for DFPS and the family to discuss and negotiate benefits before the actual adoptive placement.

A preliminary determination of eligibility is one in which all of the eligibility requirements are met, except that the adoptive placement agreement has not yet been signed because the child has not yet been placed in the home for the purpose of adoption.

The caseworker or agency responsible for placing the child for adoption makes sure that the entire adoption assistance packet is complete and submitted to the adoption assistance eligibility unit at least 30 working days before the adoptive placement.

Step 1: A family requests adoption assistance and completes supporting documentation.

If a family is applying for adoption assistance, the child’s primary caseworker or the agency working with the family gives the family the following forms:

Form 2250 Adoption Assistance Request

Form 2253a Adoption Assistance Worksheet

Form 2253b Adoptive Family Resources

The caseworker or agency answers questions the family may have and requests the eligibility specialist’s help in answering the questions or completing the documents, as necessary.

Step 2: The child’s primary caseworker or LCPA completes adoption assistance eligibility documentation.

For a child in DFPS conservatorship, the child’s primary caseworker completes the Adoption Assistance Application in IMPACT.

For a child in the care of an LCPA, the staff at the LCPA completes a hard copy of Form 2251a Adoption Assistance Eligibility Documentation. In addition, the adoption assistance eligibility specialist completes Form 2251d Adoption Assistance Eligibility Checklist for Non-DFPS Placements to make sure the LCPA is relying on AFDC eligibility as the basis to establish adoption assistance eligibility. 

Step 3: The child’s primary caseworker or LCPA completes the adoption assistance packet.

For a child in DFPS conservatorship, the child’s primary caseworker submits a complete adoption assistance packet within five days after completing the Adoption Assistance Application in IMPACT.

For a child in the care of an LCPA, the LCPA submits the entire packet as early in the placement process as possible.

Regardless of who is submitting the packet, it must include the following:

  • Form 2250 Adoption Assistance Request.
  • Form 2251a Adoption Assistance Eligibility Documentation, if the child is being adopted from an LCPA.
  • Form 2251b, if the child is being adopted from an LCPA, and the LCPA is relying on AFDC to establish eligibility.
  • Form 2253a Adoption Assistance Worksheet.
  • Form 2253b Adoptive Family Resources.
  • Proof of the child’s age. For more information on acceptable proof of age, see section B of Appendix 1530-F: Categorical Requirements for AFDC.
  • Proof of the child’s U.S. citizenship (or verification of alien status, if the child is not a U.S. citizen). For more information on acceptable proof of citizenship or qualified alien status, see 1530 Foster Care Assistance Eligibility Requirements for Children and Youth Who Are in DFPS Conservatorship. If the child is undocumented, the packet must include documentation of how the caseworker arrived at that conclusion and a description of the steps taken to resolve questions related to the child’s alien status.
  • Proof of the child’s eligibility for Title IV-E or state-paid foster care assistance sufficient to demonstrate that the child meets the requirements for either Title IV-E adoption assistance or state-paid adoption assistance, such as one of the following:
    • SSA determination of eligibility for SSI benefits or statement that the child meets the medical or disability requirements for SSI.
    • Foster care eligibility determination.
    • Proof of a prior adoption.
    • Documentation related to living with a minor parent in foster care.
  • Court order establishing that the child is eligible for adoption based on termination of any parental rights to the child, if applicable. (If the child is eligible for adoption because one or both parents are deceased, proof of death is required.)
  • First court order sanctioning the child’s removal from the home, if applicable.
  • Signed and dated copy of the first petition resulting in the court ordering removal of the child from the home, if applicable.
  • Proof that the child has special needs.
  • Documentation of the background checks conducted before the approval of the adoptive home. For homes approved before October 1, 2006, this included the name-based Department of Public Safety (DPS) background checks and DFPS abuse and neglect checks. For homes approved after that date, the checks include the FBI fingerprint-based checks and DFPS abuse and neglect checks. If the region conducted out-of-state or local criminal history checks or out-of-state abuse and neglect checks, those are optional to include.
  • The home study approving the home for adoption.

Step 4: The DFPS supervisor approves the complete packet.

The supervisor approves the packet after making sure the required documentation is included.

For a child being adopted from the care of an LCPA, the DFPS supervisor also ensures that Form 2189 Referral Form to FAD for Non-DFPS Home is sent to the regional Foster and Adoptive Home Development (FAD) unit at the time the packet is approved. The referral form notifies the FAD unit to create a FAD home in IMPACT for adoption assistance application purposes.

Step 5: The caseworker or LCPA sends the packet to the adoption assistance eligibility unit.

For children in DFPS conservatorship, this step must be completed no later than five days after the caseworker enters the application in IMPACT.

For children in DFPS or LCPA conservatorship, the packet should be sent as early in the placement process as possible, ideally at least 30 days before the date of the adoptive placement.

Step 6: If the eligibility specialist determines that the child is eligible and an adoptive placement agreement is executed, the caseworker sends a copy of the adoptive placement agreement to the eligibility specialist once it is signed.

Once the adoptive placement is made, the adoption assistance eligibility specialist switches the child’s eligibility to adoption assistance in the month following the date the adoptive placement began. The eligibility specialist enters the adoption assistance segment no more than 10 days after receiving the adoptive placement and adoption assistance agreements.

1714.3 Determination of Eligibility

CPS November 2021

Designated adoption assistance eligibility units in the DFPS regions determine children’s eligibility for adoption assistance. This determination is based on the following:

  • The information that the placing caseworker provided to the eligibility specialist.
  • Data in the automated systems.
  • The adoptive family.
  • The eligibility requirements.

The eligibility specialist uses Form 2251d Adoption Assistance Eligibility Checklist for Non-DFPS Placements and the regional eligibility checklists to evaluate whether all of the eligibility requirements are met. The eligibility specialist places a copy of the appropriate checklist in the adoption assistance case record.

1714.4 Responsibilities of the Eligibility Specialist in Entering into the Adoption Assistance Agreement

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Step 1: The eligibility specialist reviews the adoption assistance packet and evaluates the packet for completeness.

The eligibility specialist reviews the adoption assistance application packet from the child’s primary caseworker or the placing LCPA as soon as it is received in the regional adoption assistance shared drive. No more than three working days after the date the packet is received, the specialist does the following:

  • Reviews the packet to make sure it is complete.
  • Requests any missing or insufficient documentation from the child’s primary caseworker.

Step 2: The eligibility specialist makes a preliminary determination of eligibility.

The eligibility specialist makes a preliminary determination of eligibility within three working days after receiving a complete adoption assistance packet.

A preliminary determination of eligibility is one in which all of the eligibility requirements are met, except that the adoptive placement agreement has not yet been signed because the child has not yet been placed in the home for the purpose of adoption. However, even in a situation where the family applies for adoption assistance after an adoptive placement, the eligibility specialist is still required to make a preliminary determination of eligibility to determine whether an adoption assistance agreement can be negotiated.

Adoption assistance benefits cannot begin until after negotiation and execution of an adoption assistance agreement and an adoptive placement agreement. See 1714.5 Commencement of Benefits.

The eligibility specialist follows the guidance in 1711 Eligibility Requirements for Adoption Assistance for Children Adopted from DFPS Conservatorship or 1712 Eligibility Requirements for Adoption Assistance for Children Adopted from the Conservatorship of an LCPA and determines the child’s eligibility. Based on that determination, the specialist takes the corresponding actions described below.

Step 2a: The eligibility specialist determined that the child is eligible for reimbursement of nonrecurring adoption expenses only.

If the child is eligible only for the reimbursement of nonrecurring adoption expenses, the eligibility specialist prepares an adoption assistance agreement for this benefit only and executes it with the family.

Upon receiving proof of qualifying expenses, as described in 1714.7 Reimbursement of Nonrecurring Adoption Expenses, the eligibility specialist reimburses the family.

The eligibility specialist does not proceed with any additional steps in this section (Step 2b through Step 4).

Step 2b: The eligibility specialist determined that the child is eligible for monthly payments and Medicaid coverage, in addition to reimbursement of nonrecurring adoption expenses.

Upon determining a child is eligible for adoption assistance or that the child will be eligible once the adoptive placement is made, the eligibility specialist notifies the following people of the eligibility determination within two working days after making the determination:

  • The child’s primary caseworker and supervisor, or the appropriate staff at the LCPA.
  • The adoptive family.
  • DFPS staff responsible for negotiating adoption assistance benefits.

After this notification, the eligibility specialist proceeds to Step 3.

Step 2c: The eligibility specialist determined that the child is not eligible for adoption assistance benefits.

If the child is not eligible for adoption assistance, within two working days after the determination, the eligibility specialist mails the prospective adoptive family a written and dated notice of denial (Form 2253e Adoption Assistance Denial), which does the following:

  • Cites each reason for the determination.
  • Informs the family of their right to appeal.

The eligibility specialist also sends copies of the notice to the following:

  • The child’s caseworker.
  • The placing agency (LCPA), if the placing agency is not DFPS.

The case file must contain documentation of the date the denial notice was mailed to the prospective adoptive parents.

The eligibility specialist finishes the adoption assistance application by adding the adoption assistance segment and denying benefits.

See Texas Administrative Code §700.880: What are my rights to appeal a DFPS decision regarding adoption assistance benefits?.

If necessary, the eligibility specialist also prepares a fair hearing packet.

The eligibility specialist does not proceed to any of the additional steps in this section (Steps 3 and 4).

Step 3: The eligibility specialist activates benefits.

The eligibility specialist activates benefits in IMPACT once the specialist has received both of the following:

  • The adoptive placement agreement from the child’s primary caseworker.
  • The adoption assistance agreement from the negotiator.

Step 4: The eligibility specialist issues the Activation of Adoption Assistance Notice.

The eligibility specialist sends Form 2253d Activation of Adoption Assistance Notice to the following people:

  • The adoptive family, so they are aware of the change in benefits.
  • The child’s primary caseworker, so he or she may close out the file.
1714.5 Commencement of Benefits

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The following requirements apply when determining the earliest date that adoption assistance benefits can begin:

  • All eligibility requirements must be met during the month that benefits begin.
  • The effective date of the adoption assistance agreement is always the first day of the month.
  • The child cannot receive foster care assistance benefits and adoption assistance benefits for the same month.
  • When the child is receiving SSI benefits, adoption assistance benefits can begin in the month following the filing of the petition to adopt.
  • When the outcome of a fair hearing will determine eligibility, benefits begin as directed in the fair hearing officer’s order.
  • Benefit eligibility cannot be retroacted earlier than 12 months before DFPS’s receipt of a completed adoption assistance application.

See Texas Administrative Code §700.846: How is the effective date of the adoption assistance agreement determined?.

1714.6 Ongoing Responsibilities of Adoption Assistance Eligibility Units

CPS November 2021

In addition to the responsibilities of the eligibility specialists in initially entering into an adoption assistance agreement, the specialists have the following ongoing duties:

  • Distributing Form 2250 Adoption Assistance Request and supporting documents, when requested by a caseworker from DFPS or a licensed child-placing agency (LCPA), or by the adoptive family.
  • Maintaining information in IMPACT when there is a change that affects adoption assistance, such as a change in the amount, address, or payee.
  • Getting certifications of continued eligibility every five years, or more often as needed.
  • Notifying and requesting other states or U.S. territories to provide Medicaid coverage to recipients of Texas adoption assistance who live outside Texas. See 1730 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance.
  • Authorizing Medicaid coverage for children from other states who live in Texas but receive adoption assistance from the other state’s public child welfare agency.
  • Verifying adoption assistance eligibility, if there is a subsequent adoption of the same child.
  • Starting recoupment efforts when overpayments are made.
  • Authorizing supplemental payments when underpayments are made.
  • Preparing fair hearing packets.
  • Processing reimbursement of nonrecurring adoption expenses, as described in 1714.7 Reimbursement of Nonrecurring Adoption Expenses.
  • Terminating adoption assistance agreements, as appropriate.
1714.7 Reimbursement of Nonrecurring Adoption Expenses

CPS November 2021

A family adopting a child with special needs may be reimbursed for nonrecurring (one-time) adoption expenses if both of the following apply:

  • The child is placed for adoption by DFPS or placed in Texas by a licensed child-placing agency (LCPA).
  • An adoption assistance agreement is signed before consummation of the adoption.

The adoptive family may seek up to $1,200 per child in reimbursement of expenses for reasonable and necessary adoption fees, which may include the following:

  • Fees paid to child-placing agencies.
  • Court costs.
  • Attorney’s fees.
  • Other fees directly related to legal completion of the adoption.

DFPS reimburses the adoptive family after the adoption is consummated and the family has provided DFPS with proof of payment. The family must also show that reimbursement for the expenses is not available from another source.

If DFPS receives a request for reimbursement more than 18 months after the adoption’s consummation, DFPS may refer the request to the Comptroller of Public Accounts for processing as a miscellaneous claim.

Exception: A stepparent who adopts his or her stepchild does not qualify for reimbursement of nonrecurring adoption expenses.

DFPS Rules, 40 TAC §700.850

1715 Negotiation of Adoption Assistance Agreements and Deferred Adoption Assistance Agreements

CPS November 2021

Adoption assistance agreements are negotiated based on the child’s special needs. The goal of negotiation is to work with the family to identify how the child’s special needs (age, sibling status, or disability, as detailed in 1711.2 Determining Whether a Child Has Special Needs) translate into the family’s need for ongoing assistance, which may be medical, financial, or both.

Eligibility for adoption assistance is based on the needs of the child, not the income of the family. The family’s resources (including income, community resources, and support services), can be considered when determining the type and amount of assistance, but DFPS does not use a means test or impose an income eligibility requirement for this determination.

Texas Administrative Code §700.844

The circumstances of the adopting parents are considered together with the needs of the child when negotiating the adoption assistance agreement. The Administration for Children and Families has interpreted consideration of the circumstances of the adopting parents as being related to the following characteristics of the adopting family:

  • Capacity to incorporate the child into their household, in relation to their lifestyle.
  • Standard of living and future plans.
  • Capacity to meet the child’s immediate and future needs, including the child’s educational needs.

This means DFPS considers the overall ability of the family to incorporate an individual child into their household. Families with the same incomes or in similar circumstances do not necessarily require identical types or amounts of assistance. Each unique situation may require different amounts of payment.

The negotiation process begins when a child with special needs is considered for adoptive placement with a family and DFPS has made a preliminary or actual determination of eligibility. This allows both the family and DFPS to decide whether the placement is feasible and in the child’s best interest. It is best to do negotiation before adoptive placement, but it can be done any time during the placement before consummation of the adoption.

Adoption assistance benefits cannot begin until all eligibility requirements are met, including the requirement of an approved adoptive placement agreement and a signed adoption assistance agreement.

1715.1 Responsibilities of Negotiators for Adoption Assistance Agreement

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The regional program administrators for CPS are responsible for designating staff members to negotiate adoption assistance agreements.

When a family has been determined to be eligible but does not yet have an agreement, the negotiators are responsible for doing the following:

  • Contacting the family within two days after receiving notice that the family is preliminarily or actually eligible for assistance, in order to make an appointment to discuss adoption assistance benefits and to negotiate the adoption assistance agreement. Negotiators meet face-to-face with the family when possible; otherwise, contact may be made by phone. If the meeting is face-to-face, it may occur in the adoptive home or the DFPS office, whichever is suitable to both parties.
  • Reviewing the following before meeting with the adoptive family:
    • The child’s records, to help identify the child’s needs.
    • Information in the adoptive family’s records, including information about their circumstances, the adoption home study, and adoption assistance worksheets.
  • Giving the prospective adoptive family information about the Medicaid program and how to access benefits in Texas and other states. See 1730 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance.
  • Giving the prospective adoptive family information about possible adoption tax credit.
  • Giving the prospective adoptive family information about the educational requirements described in 1715.6 Education Requirements.
  • Negotiating an adoption assistance agreement for a new adoptive placement before or shortly after the adoptive placement agreement is signed. See 1715.3 Considerations during Negotiations.
  • Determining the appropriate payment ceiling (maximum) for monthly payments (see 1715.5 Determining the Payment Ceiling for Adoption Assistance) and communicating it to the family.
  • Informing the family that they will lose eligibility for adoption assistance if the adoption assistance agreement is not negotiated and signed before consummation of the adoption, with very limited exceptions as explained in Texas Administrative Code §700.881. See 1719.2 Adoption Assistance Agreement Was Not Signed before the Adoption’s Consummation.
  • Completing and executing Form 2253C Adoption Assistance Agreement. The family keeps a copy of the agreement, and the negotiator sends the original agreement to the adoption assistance eligibility specialist, in addition to providing the notice of any changes to the monthly payment amount (see 1715.2 Ongoing Responsibilities of Negotiators). The adoptive parents have the following options for how to sign the agreement:
    • Sign electronically (for example, using DocuSign) and email the signed agreement to the negotiator.
    • Sign a paper copy and mail it to the negotiator.
    • Sign a paper copy, scan it, and email it to the negotiator.
  • Notifying the child’s primary caseworker and the eligibility specialist by email that the agreement has been executed, so that the caseworker can proceed with making an adoptive placement if one has not yet been made.
1715.2 Ongoing Responsibilities of Negotiators

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Adoption assistance negotiators have the following ongoing responsibilities in the Adoption Assistance program:

1715.3 Considerations during Negotiations

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The negotiator for adoption assistance benefits and the adoptive parents consider the following factors and guidelines when discussing and negotiating adoption assistance benefits:

  • The child’s present and future need for services are considered in relation to the adoptive family’s income, other resources, expenses, circumstances, and plans for the future. Benefits are intended only to assist in meeting the child’s needs and the adoptive parents’ responsibilities.
  • Any and all sources of income and support that are specifically designated for the child (such as Retirement, Survivors, and Disability Insurance (RSDI) or Veterans Administration benefits) must be applied toward meeting the child’s needs. There is not a dollar-for-dollar reduction from the adoption assistance monthly payment based on the amount of the other sources of income or support. Such income or support is simply one factor in evaluating the resources available for meeting the child’s needs.
  • The costs associated with meeting the child’s needs through private sources are considered only when those needs cannot be met through publicly funded sources. If the child needs special services not covered by the adoptive parents’ insurance or Medicaid, the adoptive parents must provide information or documentation of actual costs, if available. If no information about actual costs is available, the negotiator makes a reasonable estimate.

DFPS Rules, 40 TAC §700.844

See:

Appendix 1715.3: Negotiation of Adoption Assistance Discussion Guide

Form 2253a Adoption Assistance Worksheet

Form 2253b Adoptive Family Resources

1715.4 Supplemental Security Income (SSI) Payments and Adoption Assistance Payments

CPS November 2021

When a child receiving SSI benefits is placed into an adoptive placement, DFPS remains the representative payee for the child’s benefits until the adoption is consummated. If the child receives SSI benefits and qualifies for an adoption assistance benefit, the adoptive parents enter into an adoption assistance agreement with DFPS that defers adoption assistance payments from DFPS. DFPS forwards the SSI monthly benefit to the adoptive parents in the month after DFPS receives the benefit from the Social Security Administration (SSA).

Once the adoption is consummated, DFPS contacts SSA to resign as the representative payee, which stops issuance of the child’s benefits to DFPS. If the adoptive parents had entered into an adoption assistance agreement deferring payments, the adoptive parents contact the adoption assistance eligibility specialist to begin issuance of the adoption assistance payments. 

The adoptive parents contact SSA if they want to apply to be the new representative payee for the child’s SSA benefits. SSI is a federal benefit based on need and eligibility, and it requires consideration of the adoptive parents’ income and resources. If the adoptive parents want the child to continue receiving SSI, they must report the receipt of the adoption assistance payments from DFPS because it could affect the child’s eligibility for SSI benefits.

See Texas Administrative Code §700.845: Can my child get adoption assistance monthly payments in addition to Supplemental Security Income (SSI) benefits?.

1715.5 Determining the Payment Ceiling for Adoption Assistance

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The payment ceiling (maximum) for monthly payments is based on the child’s authorized service level at the beginning of the adoptive placement, as follows:

  • $400 per month for basic care.
  • $545 per month for moderate, specialized, or intense care.

See Texas Administrative Code §700.844: How are monthly payment amounts determined?.

1715.6 Education Requirements

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The negotiator explains to the prospective adoptive parents that DFPS may periodically require proof that a child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary student.

The term full-time elementary or secondary student means a child who is one of the following:

  • Enrolled (or in the process of enrolling) in an institution that provides elementary or secondary education, in accordance with Texas law or the law of the state where the child lives.
  • Instructed in elementary or secondary education at home, in accordance with Texas law or the law of the state where the child lives.
  • In an independent study program of elementary or secondary education administered by a school or school district, in accordance with Texas law or the law of the state where the child lives.
  • Incapable of attending school on a full-time basis because of the medical condition of the child. In this situation, supporting information is required and must be updated regularly.

See Texas Administrative Code §700.860(c): What if my child’s or family’s circumstances change?.

1716 Deferred Adoption Assistance Agreements

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A deferred agreement for adoption assistance is a written agreement between the adoptive parents and DFPS to negotiate adoption assistance benefits at a future date if the need arises. A deferred agreement for adoption assistance is used when the family can currently provide for the child but may require future assistance because of the child’s special needs. A deferred agreement is used when all of the following apply:

  • The child meets the eligibility requirements for adoption assistance at the time of adoptive placement and filing of the petition to adopt.
  • The child is eligible for SSI benefits at the time of adoptive placement.
  • The family is able to meet the child’s current needs, or there are no current unmet special needs.
  • DFPS or the family anticipates that the child will have other needs in the future, and the family is likely to need help meeting those needs.

Under the terms of a deferred agreement, the child’s eligibility for adoption assistance is already established, and if the family and child need assistance in the future, the family and DFPS will negotiate specific agreements for benefits (including Medicaid or monthly payments) at that time. The existence of a deferred agreement eliminates the need for a fair hearing if a need for adoption assistance arises in the future.

See:

Texas Administrative Code §700.801(10): What do certain pronouns, words, and terms in this subchapter mean?

Texas Administrative Code §700.842(c): What happens if my child is determined eligible?

1717 Changes in Circumstances and Periodic Certification of Continued Eligibility

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The adoptive family is responsible for immediately reporting to the eligibility specialist changes in their circumstances that may affect adoption assistance, including changes in the following:

  • Name.
  • Address.
  • Marital status.
  • Where the child is living.
  • The child’s legal status.
  • Health insurance coverage for the child.
  • Anything else that may affect eligibility.

The adoptive family may request a change in the amount of the monthly payment when there is a change in circumstances affecting the adopted child’s current needs or the family’s ability to meet those needs. All such requests must be made in writing to the adoption assistance eligibility specialist.

Any request for an increase in the monthly payment is subject to the requirements and limitations described in:

1715.5 Determining the Payment Ceiling for Adoption Assistance

1715.3 Considerations during Negotiations

The negotiator for adoption assistance contacts the adoptive parents within five working days after receiving a request to negotiate a new payment amount. A negotiated increase becomes effective no earlier than the first day of the following month after a new agreement is signed.

After the negotiations, the negotiator notifies the eligibility specialist of any changes. The eligibility specialist updates information reported as a change within five days after receipt of the changed information.

See Texas Administrative Code §700.860: What if my child’s or family’s circumstances change?.

1717.1 Recertification of Eligibility

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Adoption Assistance

Certification of continued eligibility is required at least every five years for children under the age of 18. The eligibility specialist mails the following forms to the adoptive family at least 90 days before the five-year deadline:

Form 2254a Adoption Assistance Certification of Continued Eligibility

Form 2254b Certification of Continued Eligibility

The eligibility specialist makes three attempts, if necessary, to get the required documentation from the adoptive parent, with the third attempt being a letter sent by certified mail.

Extended Adoption Assistance

For youth who are eligible for extended adoption assistance, as described in 1711.7 Eligibility Requirements for Extended Adoption Assistance, certification of continued eligibility is required a month before the youth’s 18th birthday, and then annually until age 20. The determination of eligibility at age 20 covers the period until the youth’s 21st birthday.

Each year, around the youth’s 18th, 19th and 20th birthdays, as applicable, the eligibility specialist makes three attempts, if necessary, to get the recertification documentation. The three attempts are as follows:

  • First attempt: 60 days before the youth’s birthday.
  • Second attempt: 30 days before the youth’s birthday.
  • Third attempt: on the youth’s birthday, by certified mail.

The eligibility specialist sends the following forms at each attempt:

Form 2254a Adoption Assistance Certification of Continued Eligibility

Form 2254b Certification of Continued Eligibility

If DFPS does not receive the necessary documentation within 30 days after the youth’s birthday, the youth’s eligibility for extended adoption assistance ends, until the family provides the required documentation. If the youth is age 21 or older, the benefits cannot be restored.

When recertifying, the adoptive family must provide sufficient documentation to demonstrate that the youth continues to meet the educational or work-related requirements to be eligible for extended adoption assistance. See 1711.7 Eligibility Requirements for Extended Adoption Assistance. The adoptive family submits documents directly to the adoption assistance eligibility specialist.

See Texas Administrative Code §700.851: How can my child qualify for extended adoption assistance benefits?.

1717.2 Adoptive Parents Die or Their Parental Rights Are Terminated

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Adoption assistance can resume in a subsequent adoption if the adoptive parents die or their parental rights are terminated by the court, if both of the following conditions are met before consummation of the subsequent adoption:

The subsequent adoption must occur in accordance with state law. It is not necessary for the child to be placed for adoption by a licensed child-placing agency.

If the child was eligible for Title IV-E adoption assistance in the prior adoption, the new adoptive parents must be residents of Texas; otherwise, DFPS refers them to their state’s Title IV-E agency for assistance. If the child was eligible for state-paid adoption assistance in the prior adoption, it does not matter where the new adoptive parents live because DFPS resumes the assistance if the above conditions are met.

See Texas Administrative Code §700.863: Does a child remain eligible for benefits in a subsequent adoption?.

1718 Termination of Adoption Assistance and Recoupment of Overpayments

1718.1 Termination of Adoption Assistance Benefits

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How Long the Agreement Is Effective

The adoption assistance agreement is effective through the end of the month during which the child turns 18, unless either of the following applies:

  • The agreement is terminated based on circumstances listed below.
  • The child qualifies for extended adoption assistance.

See:

Texas Administrative Code §700.847: When does the adoption assistance agreement end?

Texas Administrative Code §700.848: When can the adoption assistance agreement and benefits be terminated before it expires?

Termination of the Agreement

The adoption assistance agreement and benefits are terminated when any of the following occurs:

  • The adoptive placement ends before the adoption is consummated.
  • The child is under age 18, and the adoptive parents are no longer legally responsible for the child’s support, such as when parental rights are terminated.
  • The adoptive parents are no longer providing any support to the child.
  • The child dies.
  • The child was mistakenly determined eligible for benefits.
  • The adoptive parents request an earlier termination date.
  • The child is age 18 or older and is receiving extended adoption assistance but no longer meets (or the parents fail to provide documentation sufficient to demonstrate that the child meets) the educational and work-related requirements for extended adoption assistance.

Continued Support of the Child

When the child moves out of or leaves the adoptive parents’ home, the adoptive parents must report the change and provide evidence of their continued, routine, and ongoing financial support of the child in writing to the adoption assistance eligibility specialist.

If the Child Returns to Substitute Care

If the child returns to substitute care and the family is receiving adoption assistance benefits, DFPS continues the adoption assistance payments as a manual payment if both of the following apply:

  • The adoptive family is still providing support for the child.
  • The parental rights of at least one adoptive parent have not been terminated.

The adoption assistance eligibility specialist contacts the adoption assistance program specialist in the Federal and State Support Unit for help when a child returns to substitute care. The adoption assistance program specialist provides guidance on how to proceed with the adoption assistance payments when the adoptive family is continuing to provide support for the child.

1718.2 Recoupment of Overpayments of Adoption Assistance

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When an adoptive parent receives an overpayment of an adoption assistance benefit, DFPS must get the overpaid funds back.

Overpayment may occur because of the following:

  • The adoptive placement ends before the adoption is consummated.
  • The child is under age 18, and the adoptive parents are no longer legally responsible for the child’s support.
  • The adoptive parents no longer provide support to the child.
  • The child dies.
  • The child was mistakenly determined eligible for benefits.
1718.21 Standard Cases – Recouping an Adoption Assistance Payment in 30 Days

CPS November 2021

When an adoption assistance payment has been overpaid, the adoption assistance eligibility specialist for the region discusses the case with his or her supervisor.

If the eligibility specialist and supervisor identify a situation where recoupment is needed, the eligibility specialist consults by email with the adoption assistance program specialist in DFPS State Office. This email includes the following information:

  • Child’s name.
  • Child’s person identification number.
  • Dates that the child did not live in the adoptive home.

Required Consultation

The eligibility specialist and supervisor consult with the program specialist before processing a recoupment when any of the following applies:

  • The overpayment exceeds six months.
  • The overpayment exceeds $50,000.
  • Fraud is suspected.

Standard Recoupment Process

The standard process for recoupment of an overpayment of adoption assistance is as follows:

  1. The adoption assistance program specialist sends Form 8102-AA Request for Payment to DFPS to the regional eligibility specialist. The form provides details about the recoupment, such as the invoice number, date of service, original warrant (check) date, original warrant amount, and total amount of the overpayment.
  2. The regional eligibility specialist sends the form to the regional operation support administrator (ROSA), who then completes and signs Form 8103a-AA Overpayment Letter. The letter explains to the adoptive parent when and how the overpayment occurred, when the payment is due to DFPS (30 days after the date on the letter), and where to send the payment.
  3. The ROSA mails the following to the adoptive parent:
    • Form 8103a-AA Overpayment Letter, explaining that the payment must be repaid.
    • Form 8102-AA Request for Payment to DFPS, providing the details of the overpayment and recoupment.
  4. The adoptive parent does the following:
    • Completes Form 8102-AA Request for Payment to DFPS.
    • Sends a copy of the form with each payment to the DFPS address provided in the letter.
  5. The ROSA sends a copy of Form 8103a-AA Overpayment Letter and Form 8102-AA Request for Payment to DFPS to both of the following:

Handling Late Payments

On the 30th day after the date on Form 8103a-AA Overpayment Letter, the DFPS Accounting office does the following (if DFPS has not yet received the repayment from the adoptive parent):

  • Sends a second letter to the adoptive parent, this time by certified mail.
  • Notifies the ROSA by email.

If the adoptive parent contacts the ROSA on or after the 30th day after the date on Form 8103a-AA Overpayment Letter, the ROSA does one of the following:

  • Refers the adoptive parent to the DFPS Accounting Office to discuss a repayment plan.
  • Notifies the DFPS Accounting Office, if the adoptive parent has proposed a repayment plan.

If the adoptive parent fails to respond to the second letter within 30 days after it is sent, the DFPS Accounting Office refers the case to the Office of the Attorney General of Texas.

1718.22 Hardship Cases – Recouping an Adoption Assistance Payment in More Than 30 Days (up to 12 Months)

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If an adoptive parent contacts the regional operation support administrator (ROSA) within 30 days after the date on Form 8103a-AA Overpayment Letter to explain that he or she cannot repay the overpayment in full by the due date, the ROSA offers the parent a repayment plan.

The amount of the overpayment determines which DFPS staff members must approve the repayment plan.

To begin the process, the ROSA asks the adoptive parent to do the following:

  • Explain in writing (by mail or email) why the parent cannot repay the entire dollar amount by the due date.
  • Send the letter or email to the ROSA by the tenth working day after the date that the parent first contacted the ROSA about repayment.

When the ROSA receives the letter or email explaining the adoptive parent’s inability to pay by the due date, the ROSA does the following:

The ROSA then sends the following to the adoptive parent by certified mail:

The adoptive parent does the following:

  • Signs Form 8103h-AA Provider Repayment Plan.
  • Returns it to the ROSA.

When the ROSA receives the Form 8103h-AA Provider Repayment Plan signed by the adoptive parent, the ROSA does the following:

  • Mails the original and a copy of Form 8102-AA Request for Payment to DFPS to the DFPS Accounting Office.
  • Emails a copy of Form 8102-AA to the adoption assistance program specialist.
1718.23 Extreme Hardship Cases – Recouping an Adoption Assistance Payment in More Than 12 Months (Requires State Office Approval)

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If an adoptive parent explains to the regional operation support administrator (ROSA) in writing why he or she cannot repay an overpayment of adoption assistance within 12 months, the ROSA informs the parent of the following:

  • The maximum repayment plan is 24 months.
  • A plan that exceeds 12 months must be approved by DFPS State Office.
  • There is no guarantee that the plan will be approved.

If the adoptive parent agrees to a repayment plan that exceeds 12 months but does not exceed 24 months, the ROSA does the following:

  • Forwards the details of the repayment plan (the total amount to be recouped and the time frame for payment) to the division administrator of the DFPS Federal and State Support Unit.
  • Notifies the adoptive parent that the plan has been forwarded for approval.

The division administrator does the following:

  • Processes the request for a repayment plan.
  • Requests the required approval.

Plan Is Approved

If the repayment plan is approved, staff members at DFPS State Office do the following:

  • Get Form 8103d-AA Repayment Plan Approval Letter from the division administrator (the sole source of this form).
  • Send it to the parent to get the parent’s signature indicating agreement.

Plan Is Not Approved

If the repayment plan is not approved, the division administrator notifies the parent.

1719 Fair Hearings about Adoption Assistance Determinations

1719.1 Appealing Determinations about Adoption Assistance

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An adoptive parent has a right to request a fair hearing whenever adoption assistance benefits are denied, delayed, suspended, reduced, or terminated (except if the child turned 18 before October 1, 2010; see 1711.7 Eligibility Requirements for Extended Adoption Assistance). The request must be filed in writing within 90 days after the determination that is being appealed. An adoptive parent may also request a fair hearing when the processing of a request for adoption assistance is unreasonably delayed.

See Texas Administrative Code §700.880: What are my rights to appeal a DFPS decision regarding adoption assistance benefits?.

1719.2 Adoption Assistance Agreement Was Not Signed before the Adoption’s Consummation

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When circumstances exist that excuse the adoptive parent’s failure to request adoption assistance or to sign an adoption assistance agreement before the adoption, an agreement can still be signed after consummation, if ordered in writing by a fair hearing officer.

See Texas Administrative Code §700.881: Can my child still get benefits if I did not sign an adoption assistance agreement before the adoption?.

1719.3 Responsibilities of the Adoption Assistance Eligibility Specialist and Negotiator

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Eligibility Specialist

The adoption assistance eligibility specialist informs adoptive parents of their right to a fair hearing. The adoptive parents are responsible for providing supporting documentation and proving their child’s eligibility, but the eligibility specialist explains to the parents what information or documentation is needed for the hearing.

The adoption assistance eligibility specialist prepares a fair hearing packet for the adoptive parents to submit to the DFPS Office of General Counsel. The submitted packet must include Form 4800 Petition for Adoption Assistance Fair Hearing and all required attachments.

Negotiator

If the adoptive parents request a fair hearing during the negotiation of benefits, the negotiator for adoption assistance does the following:

  • Prepares a written report summarizing the dispute over the amount or types of assistance and the efforts taken to resolve it.
  • Provides documentation of the process and results of the discussion and negotiation with the adoptive parents, including any relevant notes or recordings.

In such circumstances, the benefits negotiator must be prepared to participate and testify in the fair hearing.

Right to Appeal

There is no right to appeal a DFPS determination that provides adoptive parents with the maximum allowable monthly payment.

See Texas Administrative Code §700.880: What are my rights to appeal a DFPS decision regarding adoption assistance benefits?.

1720 Enhanced Adoption Assistance

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Enhanced adoption assistance is intended to reduce financial barriers to adopting certain children who meet both of the following criteria:

  • They would otherwise age out of foster care without an adoptive home.
  • DFPS has determined that they are likely to remain in paid foster care until age 18.

This is not another tier of adoption assistance for all children who have high levels of care. Many children with high levels of care would have been or will be adopted without enhanced adoption assistance.

A prospective adoptive parent who is willing to adopt the child without enhanced adoption assistance is not eligible for enhanced adoption assistance. However, if the prospective adoptive parent insists on delaying the adoptive placement for the purpose of qualifying for enhanced adoption assistance, DFPS may seek a different prospective adoptive placement for the child.

1721 Definition of Enhanced Adoption Assistance

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Enhanced adoption assistance is a monthly payment that is greater than the ceiling amount for the adoption assistance described in DFPS Rules, 40 TAC §700.844. (See 1715.5 Determining the Payment Ceiling for Adoption Assistance.)

The maximum monthly payment that can be paid under an adoption assistance agreement on behalf of a child who qualifies for enhanced adoption assistance is based on the DFPS foster care rate in effect on the date the adoption assistance agreement is signed. The following requirements apply to this maximum monthly payment:

  • It is the minimum amount required to be paid to a foster parent for a child with the same service level as the child who is the subject of the adoption assistance agreement. (This can be an authorized current service level or one in effect before the adoptive placement.) This amount is sometimes referred to as the pass through amount (the amount that passes through to the foster parent).
  • It does not include any amount that a child-placing agency is entitled to keep under the foster care rates.

DFPS Rules, 40 TAC §700.806

1722 Eligibility Requirements for Enhanced Adoption Assistance

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For a child to be eligible for enhanced adoption assistance, the child must meet the requirements for adoption assistance in 1711 Eligibility Requirements for Adoption Assistance for Children Adopted from DFPS Conservatorship. In addition, the child and adoptive parents must also meet each of the eligibility criteria in DFPS Rules, 40 TAC §700.807, as described below.

Criteria the Adoptive or Prospective Adoptive Parent Must Meet

Enhanced adoption assistance is available to an adoptive or prospective adoptive parent who meets all of the following criteria:

  • Enters into an initial adoption assistance agreement for a child with special needs on or after January 1, 2009.
  • Is an approved adoptive placement.
  • Is only willing to adopt the child if enhanced adoption assistance is available.

Criteria the Child Must Meet

To be eligible for enhanced adoption assistance, the child must meet each of the following criteria immediately before the signing of the adoptive placement agreement.

The child must be in the managing conservatorship of DFPS. All parental rights to the child must have been terminated for at least 24 months.

The child must have an authorized service level of Specialized or Intense. (The child also meets this requirement if the child had such an authorized service level immediately before being placed in a facility or home operated or regulated by another state agency.)

The child must be living in one of the following:

  • A foster care home or other residential child care operation that is regulated by Child Care Licensing and is approved under Licensing minimum standards to provide treatment services.
  • A facility or home operated or regulated by another state agency in Texas or in another state that provides comparable treatment services.

The child must not yet have been adopted, despite extensive and ongoing local and national adoption recruitment efforts by DFPS. See Local and National Recruitment Efforts Related to Eligibility Criteria, below.

DFPS Rules, 40 TAC §700.807

Form 2425 Documentation for Enhanced Adoption Assistance provides prompts about the information needed to document the child’s eligibility. This form and related documents must be included in the enhanced adoption assistance request to verify the child’s eligibility. Related documents may include, for example, copies of the following:

  • Child’s authorized service level.
  • Child’s psychological evaluation.
  • Treatment plan or child’s service plan.
  • Orders terminating the parental rights of the child’s birth parents.

Local and National Recruitment Efforts Related to Eligibility Criteria

Adoption staff members must provide specific and detailed information about the efforts that DFPS has made to find an adoptive home for the child. This includes what actions were taken, dates, and information about the families who expressed interest in adopting the child.

Recruitment efforts must include the following:

  • Considering families who initially appear able to meet the child’s needs and express an interest in adopting the child.
  • Following up with families, and either pursuing or ruling out adoption.

Examples of recruitment activities include the following:

  • Registration of the child on the Texas Adoption Resource Exchange (TARE).
  • Registration of the child on national adoption registries.
  • Registration of the child for other activities, such as Heart Gallery events.
  • Distribution of child-specific email broadcasts.

For information about registering children on TARE, see:

6930 Selecting an Adoptive Family

6980 Texas Adoption Resource Exchange (TARE)

Some of the recruitment efforts must be recent. If extensive local and national recruitment efforts were made in past years, but not during the several months before the request for enhanced adoption assistance, then this eligibility criterion would not be met.

Adoption staff members provide documentation of the recruitment efforts when possible. Documentation may include, for example, the following:

  • Copies of the TARE maintenance pages.
  • Email broadcasts.
  • Adoption Inquiry List from IMPACT.
  • Emails in which CPS staff members were notified that a family declined to proceed with adoption.

Adoption staff members follow up with interested families who appeared able to meet the child’s needs and provide documentation of the outcomes. If a family declined to proceed with adoption, staff members state the reasons the family gave for their decision. If a family was considered but ruled out, staff members explain the reasons why the family was not appropriate.

1723 Proceeding with Adoptive Placements in a Timely Manner

CPS November 2021

There may be cases in which a prospective adoptive parent informs an adoption staff member that he or she wishes to delay the adoptive placement until the child meets the eligibility criteria for enhanced adoption assistance. The adoption staff must not delay adoptive placement for the purpose of qualifying a child for enhanced adoption assistance. The staff must make every effort to achieve permanency in a timely manner.

When parental rights to a child have been terminated and a person has informed DFPS of his or her intent to adopt the child, staff members must make efforts to complete the adoptive placement within a reasonable time frame.

If staff members believe that the prospective adoptive parent is trying to delay adoptive placement until the child is eligible for enhanced adoption assistance, the caseworker discusses this issue with the supervisor and program director. These staff members work together to make a plan to move forward with permanency. The plan should include a staff member discussing the issue with the prospective adoptive parent and trying to proceed with making the adoptive placement using adoption assistance (as described in 1710 Adoption Assistance and its subitems).

If the prospective adoptive parent continues to delay and does not make efforts to move forward with the adoption, staff must pursue a different adoptive placement through extensive recruitment efforts. See Local and National Recruitment Efforts Related to Eligibility Criteria in 1722 Eligibility Requirements for Enhanced Adoption Assistance.

1724 Approval Process for Enhanced Adoption Assistance

CPS November 2021

Regional staff members use the same approval process for enhanced adoption assistance as they do for adoption assistance described in 1714.2 Application Process for Adoption Assistance.

Exception

When regional adoption staff members believe that a child meets the eligibility criteria for enhanced adoption assistance, they must get approval from State Office before any negotiations with the family. Without first getting this approval, staff members may not do any of the following:

  • Suggest to, or otherwise assure, the family that a child will receive enhanced adoption assistance.
  • Begin negotiations for enhanced adoption assistance.
1724.1 Regional Approval Process

CPS November 2021

The prospective adoptive family is responsible for completing and sending the following forms to the adoption assistance eligibility unit:

Form 2250 Adoption Assistance Request

Form 2421 Enhanced Adoption Assistance Request

The child’s primary caseworker completes and submits the adoption assistance application. The child’s primary caseworker or the agency responsible for placing the child then completes the adoption assistance packet (see 1714 Program Notification, Application Process, and Responsibility for Cases).

The adoption assistance eligibility specialist reviews the packet within three days of receipt, to determine whether it is complete and contains all required documentation. If the packet is incomplete, the eligibility specialist immediately notifies the child’s primary caseworker and prospective adoptive family in writing of the additional required information or documentation.

The eligibility specialist has five working days to make a preliminary determination of eligibility after receipt of a complete adoption assistance packet.

After the eligibility specialist reviews the packet and makes a preliminary determination of eligibility, the regional approvers decide whether to recommend the child for enhanced adoption assistance.

State Office approval is necessary before negotiations begin.

1724.2 State Office Approval Process

CPS November 2021

To request approval from State Office, the regional requester submits the following:

Form 2422 requires the signatures and approval of each of the following people:

  • The requester (eligibility specialist or negotiator).
  • The child’s caseworker.
  • The caseworker’s supervisor.
  • The program director.

State Office processes requests for enhanced adoption assistance within 10 working days. If the submitted packet is incomplete, then additional time may be required.

Upon completion of the review, State Office emails a memo of approval or denial to the regional director and the approvers who signed Form 2422.

1724.3 Approvals and Notification to Family

CPS November 2021

If State Office approves the request, the child’s primary caseworker sends a letter to the prospective adoptive parents confirming that they are the appropriate prospective adoptive placement for the child and negotiation for enhanced adoption assistance may begin.

1724.4 Summary of Forms

CPS November 2021

The table below lists forms related to enhanced adoption assistance and summarizes how each form is used.

Form

How the Form Is Used

Form 2421 Enhanced Adoption Assistance Request

Given to prospective adoptive parents to apply for enhanced adoption assistance

Form 2422 Enhanced Adoption Assistance Cover Memo

Used by the regional staff when requesting State Office approval for enhanced adoption assistance

Form 2425 Documentation for Enhanced Adoption Assistance

Completed by the caseworker when recommending enhanced adoption assistance

Form 2423 Enhanced Adoption Assistance Denial Letter

Dated and issued by the regional staff when State Office denies a request for enhanced adoption assistance

1725 Timing of Negotiation for Enhanced Adoption Assistance and Placement

CPS November 2021

Negotiation for enhanced adoption assistance may begin only after approval from State Office. State Office indicates in the approval memo the maximum amount that can be negotiated. See 1721 Definition of Enhanced Adoption Assistance for information on maximum amounts.

Negotiation for enhanced adoption assistance must occur before adoptive placement and in accordance with 1715 Negotiation of Adoption Assistance Agreements and Deferred Adoption Assistance Agreements. If the adoptive placement begins before State Office approval or before negotiation of enhanced adoption assistance, the child becomes ineligible for enhanced adoption assistance.

Within five working days after the end of the negotiations, the regional staff informs the adoption program specialist at State Office of the negotiated amount.

1726 Authorization of Payments for Enhanced Adoption Assistance

CPS November 2021

As with adoption assistance, the adoption assistance eligibility specialist records and authorizes all adoption assistance payments in IMPACT, upon receipt of the signed enhanced adoption assistance agreement.

The eligibility specialist only enters an enhanced rate if the specialist has received a copy of the approval memorandum from State Office approving enhanced adoption assistance.

1727 Denials of Enhanced Adoption Assistance

CPS November 2021

If State Office denies a request for enhanced adoption assistance, then the regional staff sends the prospective adoptive parents Form 2423 Enhanced Adoption Assistance Denial Letter, stating the reason for the determination and informing the parents of their right to appeal. The regional staff sends copies of this letter to the following:

  • The child’s primary caseworker.
  • The placing agency, if the placing agency is not DFPS.

The child’s case file must contain a copy of the denial letter.

1728 Deferred Agreements for Enhanced Adoption Assistance

CPS November 2021

The regional staff confers with State Office before completing any deferred agreements for enhanced adoption assistance.

See also:

1714.5 Commencement of Benefits

1717 Changes in Circumstances and Periodic Certification of Continued Eligibility

1718 Termination of Adoption Assistance and Recoupment of Overpayments

1729 Appeals and Fair Hearings for Enhanced Adoption Assistance

CPS November 2021

The rules for appealing a DFPS determination on enhanced adoption assistance are the same as those for adoption assistance (see 1719 Fair Hearings about Adoption Assistance Determinations and its subitems), except as described below.

DFPS rules provide that a prospective adoptive parent may appeal a denial of enhanced adoption assistance only if both of the following apply:

  • The child qualifies as a child with special needs.
  • The child meets all eligibility criteria in 40 TAC §700.807 (1)-(3), described below.

Criteria the Child Must Meet

The child must be in the managing conservatorship of DFPS. All parental rights to the child must have been terminated for at least 24 months.

The child must have an authorized service level of Specialized or Intense. (The child also meets this requirement if the child had such an authorized service level immediately before being placed in a facility or home operated or regulated by another state agency.)

The child must be living in one of the following:

  • A foster care home or other residential child care operation that is regulated by Child Care Licensing and is approved under Licensing minimum standards to provide treatment services.
  • A facility or home operated or regulated by another state agency in Texas or in another state that provides comparable treatment services.

DFPS must have determined that the person is the appropriate prospective adoptive parent for the child.

DFPS Rules, 40 TAC §700.880 (a-d)

See also 1719.3 Responsibilities of the Adoption Assistance Eligibility Specialist and Negotiator.

1730 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance

CPS November 2021

Adoption Assistance and Medicaid Coverage

When adoption assistance includes medical assistance, the medical assistance is provided through the Medicaid program. Medicaid assists with the following for the child:

  • Medical and dental care.
  • Eye care.
  • Durable medical equipment and supplies.
  • Psychiatric and behavioral health care.
  • Medical transportation.

Medicaid coverage is provided as an adoption assistance benefit when the child is eligible for either Title IV-E or state-paid adoption assistance. Coverage is not provided when the child is only eligible for reimbursement of nonrecurring adoption expenses.

The coverage for children receiving adoption assistance benefits transitions to the STAR (State of Texas Access Reform) Medicaid program.

Medicaid Coverage for Children Placed or Moved Out of State

Under federal law, children receiving Title IV-E adoption assistance are entitled to receive Medicaid coverage from their state or territory of residence, no matter which state negotiated the adoption assistance agreement. Many states, including Texas, also provide medical assistance to children from other states and U.S. territories who receive state-paid adoption assistance.

DFPS uses procedures developed under the Interstate Compact on Adoption and Medical Assistance (ICAMA) to notify another state or territory that a Texas child is moving or living there and to request activation of Medicaid coverage. See 1731 The Interstate Compact on Adoption and Medical Assistance and its Effect on Adoption Assistance.

If the other state or territory does not provide coverage to recipients of state-paid adoption assistance, Texas continues to provide Medicaid coverage. However, this coverage can be used only with providers enrolled in the Texas Medicaid program.

See Texas Administrative Code §700.861: Will my child receive benefits if I move to, or live in, another state?.

1731 The Interstate Compact on Adoption and Medical Assistance and its Effect on Adoption Assistance

CPS November 2021

The Interstate Compact on Adoption and Medical Assistance (ICAMA) is a binding agreement involving member states and U.S. territories to facilitate provision of Medicaid coverage to each other’s recipients of Title IV-E adoption assistance when the child lives in a state or territory other than the one that negotiated the adoption assistance agreement.

ICAMA also contains provisions for member states and territories to provide Medicaid coverage to other members’ adoption assistance recipients who are eligible for non-Title IV-E Medicaid coverage under a Medicaid option for adoption assistance.

Not all member states provide coverage. By state law, Texas is a member of ICAMA and provides coverage regardless of the sending state’s policy.

Communication between Members

States and territories that are members of ICAMA use standardized forms and procedures to communicate between and among states and territories to facilitate provision of medical assistance to adoption assistance recipients.

The Blue Iron system is the electronic system that member states and territories use to record and transfer information related to ICAMA.

Each state has a compact administrator and deputy compact administrators. Administrators are responsible for receiving and coordinating requests for ICAMA services and giving access to the Blue Iron system. In Texas, CPS State Office staff members in the Federal and State Support Unit perform these ICAMA functions.

Requests

DFPS staff members who receive requests from other states for ICAMA services normally direct them to the DFPS deputy compact administrator by using the Blue Iron system. The administrator routes the requests to the appropriate regional compact coordinator, who then sends them to an adoption assistance eligibility specialist.

When the child is placed by a public child welfare agency, the state that placed the child is responsible for determining the child’s eligibility for adoption assistance and providing documentation of eligibility to Texas DFPS.

1732 Procedures of the Interstate Compact on Adoption and Medical Assistance

CPS November 2021

The following procedures apply when the adoption assistance eligibility specialist receives a request for ICAMA services for a child from another state who is placed in or being moved to Texas and who is eligible for Title IV-E or state-paid adoption assistance.

The eligibility specialist does the following:

  • Contacts the adoptive family to get the information needed to create an adoption assistance case as Medical Assistance Only (MAO) in IMPACT. This task includes creating a foster and adoptive home development (FAD) home, making a case-related special request (CRSR), and entering necessary information to record the placement. The eligibility specialist contacts the family within five working days after receipt of the request.
  • Determines when the child last had Medicaid coverage from another state, to make sure that Medicaid coverage from Texas does not overlap or lapse. This information is usually on the ICAMA 7.1 form, which the sending state completes in the Blue Iron system and emails to the regional adoption assistance eligibility specialist. Texas Medicaid coverage can begin the day after coverage in the other state ends. The other state’s coverage ends as stated in the adoption assistance agreement or when the family moves out of that state.
  • Authorizes the appropriate MAO coverage in IMPACT, to begin on the first day the child was eligible and was not covered by another state’s Medicaid. If the child receives Title IV-E adoption assistance, Title IV-E Medicaid Only (ICAMA) is authorized in IMPACT. If the child is not eligible for Title IV-E, State Adoption Assistance Medicaid Only (ICAMA) is entered.
  • Completes Form 1039 Medical Insurance Input to report any medical resources that the child has, other than Medicaid, and submits the form to the Texas Department of State Health Services (DSHS), Third-Party Resources, 1100 West 49th Street, Austin, TX 78756-3171.
  • Completes and sends Form 7.5 Report of Change in Child/Family Status in the Blue Iron system, to notify the sending state of the effective date of Texas Medicaid coverage.

1733 Procedures for Children Eligible for Adoption Assistance Who Are Placed or Moved Out of Texas

CPS November 2021

When a recipient of Texas Title IV-E adoption assistance is placed in or moves to another state, the adoption assistance eligibility specialist does the following:

  • Informs the child’s family that Texas will end any active Medicaid coverage so that the other state can begin coverage, and that it is the family’s responsibility to keep both Texas and the other state informed of their current residence address.
  • Closes out the child’s Texas Medicaid coverage, if any, and enters Title IV-E Financial Assistance Only in IMPACT or, if the child does not receive a monthly adoption assistance payment, closes out the Title IV-E adoption assistance. However, if reimbursement of nonrecurring adoption expenses has been agreed on but not yet paid, that assistance is kept open in IMPACT until paid.
  • Requests ICAMA and Medicaid services by completing and signing ICAMA Form 7.1 Notice of Medicaid Eligibility/Case Activation in the Blue Iron system, and attaching a copy of the current adoption assistance agreement. The Blue Iron system then sends the form and attachment to the child’s new state of residence, in care of the designated state agency contact person. The Texas eligibility specialist sends a copy of the form to the adoptive parents and files a copy in the case record.
  • Completes ICAMA Form 7.5 Notice of Action, emails or mails the original to the adoptive family, and files a copy in the case record.
  • Immediately reports any changes in the child’s eligibility status, family status, placement, or residence to the resident state by submitting ICAMA Form 7.5 Report of Change in Child/Family Status in the Blue Iron system. The Texas eligibility specialist sends a copy to the adoptive parents and files a copy in the case record.
  • If the child later moves to another state, immediately reports the move to the previous resident state and then completes a new Form 7.1 Notice of Medicaid Eligibility/Case Activation in the Blue Iron system. The specialist again attaches a copy of the adoption assistance agreement to the form and sends it to the state agency contact person in the new state of residence in the Blue Iron system.

To get access to the Blue Iron system, the regional adoption assistance eligibility specialist emails the adoption assistance program specialist in the DFPS Federal and State Support Unit.

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