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.
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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 |