You must meet the following requirements if you pass through the birth mother's expenses to adoptive families:
  (1) Your fee policy must include a complete description of the types of expenses that you may pass through to adoptive families.
  (2) The fee policy must comply with the financial assistance requirements in Division 5 of this subchapter (relating to Financial Assistance to Birth Mothers).
  (3) You must prepare an individual report for each case where you pass through expenses to the adoptive family. The report must be organized by expense category and include the date, amount, and a description of each expenditure. You must give the report to the adoptive family. The report must be available for our review.
  (4) If requested by an adoptive parent, you must provide an itemized list of how pass though money was expended and if there is a surplus.
  (5) With the exception of unforeseeable medical and legal expenses, you must provide to the adoptive family a written estimate of the pass-through expenses you anticipate will be associated with the adoption. You must provide this estimate before the adoptive family makes any financial commitment to the placement.
  (6) If you exceed the estimated expenses by more than 10%, you must obtain acknowledgement and agreement in writing from the adoptive parents that they will incur the additional expenses. If you cannot reach an agreement with the adoptive parents, you must incur the additional expenses.
  (7) If there is a surplus of pass through money, you must refund the surplus back to the adoptive parents.
  (8) You must inform the adoptive family, in writing, that:
    (A) A birth mother may choose not to relinquish a child for adoption; and
    (B) You are prohibited from seeking repayment from that birth mother for expenses incurred in providing adoption services.

Source Note: The provisions of this §749.273 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909