(a) Eligibility for postadoption residential treatment services is subject to the availability of funding and limited to a maximum period of 12 months.
(b) The Assistant Commissioner of Child Protective Services or the Assistant Commissioner's designee may extend a child's eligibility only if funds are available and:
  (1) an extension will permit the child to complete the academic year without disruption within the next 90 days;
  (2) an appropriate alternative placement will be available for the child within the next 90 days, but is not available now; or
  (3) the child is expected to return home and function in the adoptive family within the next 90 days.
(c) The Assistant Commissioner of CPS or the Assistant Commissioner's designee may extend a child's eligibility for up to 12 additional months, when all of the following conditions are met:
  (1) the child is being treated in a specialized residential treatment facility whose standard course of treatment for the condition being treated is longer than 12 months and no more than 24 months;
  (2) there is clear evidence in the most recent comprehensive psychological/psychiatric report that the child is in need of and requires treatment for a severe condition (such as reactive attachment disorder requiring a specialized treatment modality). Note: The psychological/psychiatric report(s) cited must be no older than 90 days;
  (3) current treatment notes and reports clearly indicate the child is making significant progress despite the need for extensive treatment services;
  (4) the treatment facility, the child's family, and the post adoption services provider expect the child to be able to return home at the end of the prescribed treatment, which is no more than 24 months after the initial placement;
  (5) the child's family is actively participating in the child's treatment, is participating in family therapy, and is in compliance with the terms outlined in the residential treatment placement agreement and the plan of service;
  (6) out-patient treatment is not available, and long term, out-of-home treatment is in the child's best interest; and
  (7) adequate post adoption funds are available for the child's continued treatment.

Source Note: The provisions of this §700.1735 adopted to be effective July 1, 2015, 40 TexReg 4220