(a) Yes; if you live in Texas and plan to adopt a child that had been receiving adoption assistance under a signed adoption assistance agreement, that child can remain eligible for adoption assistance benefits even if the child is not in the conservatorship of DFPS from the time of adoptive placement until the consummation of the adoption, if the following conditions are met:
  (1) the child was receiving adoption assistance from us or as a result of having been determined eligible under Title IV-E by another state's child welfare agency;
  (2) we determine that the child is a child with special needs, as described in §700.804 of this title (relating to Who is a child with special needs?); and
  (3) a new adoption assistance agreement is signed with us before you finalize the adoption.
(b) A child is not eligible in a subsequent adoption if the child's eligibility to receive adoption assistance benefits from another state was not based upon Title IV-E.

Source Note: The provisions of this §700.863 adopted to be effective March 1, 2004, 29 TexReg 1422; amended to be effective March 1, 2010, 35 TexReg 875; amended to be effective January 19, 2017, 42 TexReg 84