(a) Yes, but only after you request a hearing and show that there is good reason to excuse your failure to have a signed adoption assistance agreement. Some good reasons that provide for a hearing are:

(1) We placed your child for adoption but did not inform you of the adoption assistance program before the adoption was final.

(2) We or the LCPA, whichever placed the child, knew facts relevant to the child's eligibility for adoption assistance but did not disclose them to you before the adoption.

(3) The child's physical, mental, or emotional disabling condition could not be diagnosed before the adoption, but was later diagnosed by an appropriately qualified professional as having existed prior to the consummation of the adoption.

(4) We made an error in determining that your child was not eligible before the adoption was final.

(5) We denied you assistance because of a means test.

(b) In the hearing, you have the burden to prove both:

(1) your reason for not having a signed adoption assistance agreement before the adoption; and

(2) that your child meets all eligibility requirements.

(c) If we agree that your child is eligible and your failure to have a signed adoption assistance agreement should be excused, we can sign an agreed order with you and avoid having a hearing. The hearing officer must approve the agreed order, and you must sign an adoption assistance agreement consistent with its provisions, before you can receive benefits.

Source Note: The provisions of this §700.881 adopted to be effective July 12, 2001, 26 TexReg 5061; 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