(a) The following factors are considered and discussed in negotiating and determining benefits:
  (1) We evaluate your child's present need for services in relation to your family's income, expenses, circumstances, and plans for the future.
  (2) Benefits are intended only to assist in meeting your child's needs and your parental responsibilities.
  (3) Any and all sources of income and support that are specifically designated for the child (such as Retirement, Survivors, Disability Insurance (RSDI) or Veterans Administration (VA) benefits) must be applied toward meeting the child's needs.
  (4) We do not consider costs associated with your choice to meet the child's needs through private sources when those needs can be met through other publicly funded sources.
  (5) If the child needs special services not covered by your private insurance or Texas Medicaid, we must determine the actual cost of services available to meet those needs. If actual costs are not available, we determine a reasonable estimate of projected costs.
(b) There is a limit to the amount of a monthly payment that you can negotiate. You are informed of the maximum monthly payment amount that you can negotiate at the time of your application for adoption assistance.
(c) Whenever you are offered, or are receiving, the maximum monthly payment amount, you cannot request:
  (1) an increase in your adoption assistance payment amount; or
  (2) an appeal regarding the payment amount.
(d) The maximum monthly payment amount depends upon the child's authorized service level (or level of care) at the beginning of the adoptive placement. The payment ceiling for Basic care is $400 per month; the payment ceiling for Moderate, Specialized, and Intense care is $545 per month.

Source Note: The provisions of this §700.844 adopted to be effective May 1, 2002, 27 TexReg 2838; amended to be effective September 1, 2007, 32 TexReg 5388