(a) In order to qualify for extended adoption assistance benefits:
  (1) The child must be adoptively placed in your home after the child's 16th birthday and prior to the child's 18th birthday; and
  (2) You must provide sufficient documentation on a periodic basis as required by the adoption assistance agreement to demonstrate that your child is:
    (A) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalence certificate;
    (B) regularly attending an institution of higher education or a postsecondary vocational or technical program;
    (C) actively participating in a program or activity that promotes, or removes barriers to, employment;
    (D) employed for at least 80 hours per month; or
    (E) incapable of performing any of the activities listed in subparagraphs (A) - (D) of this paragraph due to a documented medical condition, as further described in subsection (b) of this section.
(b) There is a presumption that a child is capable of the activities listed in subsection (a)(2)(A) - (D) of this section. The presumption can be rebutted only if sufficient documentation is provided to verify the medical condition and that the medical condition renders your child incapable of those activities. Such documentation of a medical condition might include a determination of disability from SSA, a determination of mental retardation, or a statement from a medical doctor. In addition, documentation must also verify the activities of daily living your child is rendered incapable of performing as a result of that medical condition.
(c) Notwithstanding any other provision of this subchapter, no individual will be eligible for extended adoption assistance prior to October 1, 2010.

Source Note: The provisions of this §700.851 adopted to be effective March 1, 2010, 35 TexReg 875; amended to be effective January 19, 2017, 42 TexReg 84