(a) In addition to the requirements in §700.820 of this title (relating to What are the Title IV-E eligibility requirements for reimbursement of nonrecurring expenses?), to be eligible for Medicaid and monthly assistance benefits, the child with special needs you adopt must be in an adoptive placement, you must sign an adoption assistance agreement before the adoption is final and the child must meet the requirements in either subsection (b) or (c) of this section, depending upon whether the child is an applicable child, as that term is defined in §700.825 of this title (relating to Who is considered an applicable child?).
(b) A child who is not an applicable child must meet one of the following conditions:
  (1) The child is eligible for Supplemental Security Income (SSI) benefits, as determined by the Social Security Administration (SSA) prior to the finalization of the adoption;
  (2) We or another public welfare agency has determined that the child met or would have met the eligibility criteria for Title IV-E foster care based on AFDC eligibility, as further described in §700.822 of this title (relating to How do we determine whether the child was AFDC eligible?) and §700.823 of this title (relating to What is necessary for a court order to be considered a removal?);
  (3) We already determined that the child was eligible for Title IV-E adoption assistance in a prior adoption; or
  (4) Just before the adoptive placement and immediately prior to termination of the minor parent's parental rights, the child was living with a minor parent in foster care, and eligible to receive Title IV-E foster care payments under 42 U.S.C. §675(4)(B).
(c) A child who is an applicable child must meet one of the following conditions:
  (1) At the time the adoptive placement is made, the child is in the managing conservatorship of a public child welfare agency, an LCPA, or an authorized entity pursuant to an involuntary removal as provided in §700.823 of this title (relating to What is necessary for a court order to be considered a removal?);
  (2) The child has been determined by the SSA to meet all the medical or disability requirements with respect to eligibility for SSI benefits;
  (3) We already determined that the child was eligible for Title IV-E adoption assistance in a prior adoption; or
  (4) Just before the adoptive placement and immediately prior to termination of the minor parent's parental rights, the child was living with a minor parent who was in foster care as a result of a court-ordered removal as described in §700.823 of this title.

Source Note: The provisions of this §700.821 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective March 1, 2004, 29 TexReg 1422; 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