DFPS
Adoption Assistance
Thinking
about adoption but not sure if you can afford all of the related
expenses? The Texas Department of Family and Protective Services
(DFPS) has an adoption assistance program to help defray some of
the costs associated with adoption of a child with special needs.
Program Benefits
- Medicaid health care coverage for the adopted child.
This benefit assists with the child's medical and dental care,
eye care, durable medical equipment and supplies, psychiatric/behavioral
health care, and medical transportation.
- Reimbursement for certain one-time expenses relating
to completing the adoption process (non-recurring adoption expenses).
This benefit provides reimbursement up to $1,500 per adoption
for reasonable and necessary adoption expenses directly related
to completing the adoption process. These expenses may include
fees paid directly to child placing agencies as well as court
costs, attorney fees, and other fees directly related to the legal
completion of the adoption.
- Monthly payments to assist with the child's needs. The
monthly adoption assistance payments are determined based upon
the child's special needs and the adoptive family's circumstances.
Assistance is considered for the following types of special needs:
(a) Exceptional initial placement expenses, (b) special maintenance,
(c) child care, (d) supportive educational needs, (e) maintaining
sibling/other family contact, and (f) routine maintenance
when needed.
Sources of Adoption Assistance
DFPS provides adoption assistance from two sources. The first source
is the:
- federal Title IV-E of the Social Security Act and
- Texas' own state adoption assistance.
Title IV-E Eligibility Requirements
The following five requirements must be met for a child to be
eligible for Title IV-E funded adoption assistance:
- The child must qualify as "special needs," as described
below, at the time the adoptive placement agreement is signed.
- Reasonable efforts must be made to place the child without adoption
assistance, except when to do so is contrary to the child's best
interest.
- The child must be placed for adoption by DFPS, or a private,
licensed, non-profit child-placing agency. For both relative and
non-relative placements, the adoptive home must meet all of the
requirements for approval under licensing minimum standards, including
the criminal-records check.
- The child must be in an adoptive placement and meet one of the
following four conditions:
(a) The child is eligible for Supplemental Security Income
(SSI) benefits, as determined by the Social Security Administration
(SSA) during the adoptive placement,
(b) the child is AFDC eligible both in the month that court
proceedings began that resulted in the order removing the child
from the home and in the month the adoption petition is filed,
(c) the child was determined eligible for Title IV-E foster
care assistance both at the time the child entered care and
in the month the adoption petition is filed, or
(d) the child lives with a minor parent in foster care, and
the child's costs are included in the Title IV-E foster care
payments being made on behalf of the minor parent.
- The adoption assistance agreement must be signed before the
adoption is consummated.
State Adoption
Assistance Requirements
The following six requirements must be met for a child to be eligible
for state adoption assistance:
- The child must not be eligible for Title IV-E adoption assistance.
- The child must qualify as "special needs," as described
below at the time the adoptive placement agreement is signed.
- Reasonable efforts must have been made to place the child without
adoption assistance, except when to do so was contrary to the
child's best interest.
- The child must be placed in an approved adoptive placement with
DFPS as the child's managing conservator. For both relative and
non-relative placements, the adoptive home must meet all of the
requirements for approval under licensing minimum standards, including
criminal records checks.
- The child's resources must be less than $10,000.
- The adoption assistance agreement must be signed before the
adoption is consummated.
Requirements
for Non-recurring Adoption Expenses
These expenses may include fees paid directly to child placing
agencies as well as court costs, attorney fees, and other fees directly
related to the legal completion of the adoption.
Children who meet Title IV-E or state adoption assistance eligibility
requirements automatically qualify for reimbursement of non-recurring
adoption expenses.
However, reimbursement will not be made until the adoption is consummated.
A separate request for adoption assistance is not necessary.
For adoptions that do not qualify for Title IV-E or state adoption
assistance, the following four requirements must be met to gain
reimbursement for non-recurring adoption expenses.
- The child must qualify as having "special needs"
at the time an adoptive placement agreement is signed.
- The adoptive placement must occur in accordance with relevant
state and federal laws relating to child placement.
- The adoptive parents must be residents of Texas.
- The adoptive parents must sign an agreement to receive reimbursement
for non-recurring adoption expenses prior to consummation of the
adoption.
Stepparent Adoptions
By federal policy, stepparent adoptions do not qualify for
nonrecurring adoption expense reimbursement.
International Adoption
An international adoption may qualify for this benefit if the
child is a "special needs" child at the time of adoptive
placement and the adoption assistance agreement is signed prior
to consummation of the adoption.
Definition of Special Needs
The child must be younger than 18 years old and meet one of the
following criteria when the adoptive placement agreement is signed:
- The child is at least six years old;
- the child is at least two years old and a member of a minority
group that traditionally has barriers to adoption;
- the child is being adopted with a sibling or to join a sibling;
or
- the child has a verifiable physical, mental, or emotional handicapping
condition, as established by an appropriately qualified professional
through a diagnosis that addresses: (a) what the condition is;
and (b) that the condition is indeed handicapping.
The state must determine that the child cannot or should not be
returned to the home of his parents.
A reasonable effort must be made to find an adoptive placement
without providing adoption assistance, unless doing so is against
the child's best interests.
Children under DFPS Jurisdiction
DFPS is responsible for determining eligibility and negotiating
the adoption assistance agreements for children who are placed for
adoption under varying circumstances. Foremost among these responsibilities
are determinations for children who are in the managing conservatorship
of DFPS, regardless of the location of the placement. These responsibilities
also extend to children who are in the legal care of and placed
for adoption by a licensed, non-profit child-placing agency when
the child is placed with a family that resides in Texas. The child-placing
agency need not be licensed in Texas but at least must be licensed/certified
by another state to provide adoption placement services.
DFPS also determines eligibility and negotiates agreements for
children who previously received Title IV-E adoption assistance
or state adoption assistance and whose adoption terminated because
of the death of the adoptive parents or termination of their parental
rights and at the same time are not in the care of another state's
public child welfare agency. DFPS will also assume responsibility
for children who have subsequent adoptive parents who resided in
Texas at the time of the adoptive placement. If the child received
prior state adoption assistance, DFPS will assume responsibility
regardless of the adoptive parents' state of residence.
Payment Ceilings for Adoption Assistance
The payment ceilings are established by the DFPS Board and are
based upon two separate amounts. For children whose service level
is Basic at the time of adoptive placement the ceiling is $400 per
month. For children whose service level is Moderate or higher, the
payment ceiling is $545 per month. The payment ceilings cannot be
exceeded and are not automatically provided to any child.
Requests for Adoption Assistance
Requests for adoption assistance are made through the regional
adoption assistance eligibility units. Ask your worker for the Request
for Adoption Assistance forms.
For more information go to:
Texas Administrative Code -ADOPTION ASSISTANCE PROGRAM
State Adoption Assistance Contact
Latasha Henry
Texas Department of Family & Protective Services
2525 Ridgepoint Drive
Austin, Texas 78754
Phone: 512-919-7965
FAX: 512-339-5927
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