(a) Adoption assistance is a program designed to facilitate the adoption of children with special needs.
(b) The three types of adoption assistance benefits that may be provided under the program are:
  (1) Medicaid health coverage for the child;
  (2) monthly payments to assist in meeting the child's needs; and
  (3) reimbursement of nonrecurring expenses.
(c) If you adopt a child with special needs from DFPS conservatorship and meet the other eligibility criteria set forth in this division, you will be eligible to receive all three types of adoption assistance benefits on behalf of your child.
(d) If you adopt a child with special needs who is not in the conservatorship of DFPS on the day immediately preceding the date of adoption, and you reside in Texas, you may be entitled to receive one or more of the three types of adoption assistance benefits, depending upon whether some or all of the eligibility criteria for receipt of Title IV-E adoption assistance benefits are satisfied, as described in Division 2 of this subchapter (relating to Title IV-E Eligibility Requirements) and as long as the criteria specified in subsection (b) of §700.803 of this title (relating to What are the eligibility criteria for receipt of adoption assistance for children adopted from the conservatorship of DFPS?) are satisfied.
(e) If you adopt a child with special needs who is not in the conservatorship of DFPS on the day immediately preceding the day of adoption and you do not reside in Texas, DFPS is not responsible for providing adoption assistance. You must contact the public child welfare agency in the state where you reside to apply for adoption assistance benefits and obtain additional information on the eligibility requirements that must be satisfied to obtain adoption assistance in that state.

Source Note: The provisions of this §700.802 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective September 1, 2007, 32 TexReg 5388; amended to be effective March 1, 2010, 35 TexReg 875; amended to be effective January 19, 2017, 42 TexReg 84