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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER HADOPTION ASSISTANCE PROGRAM
DIVISION 2TITLE IV-E ELIGIBILITY REQUIREMENTS
RULE §700.823What is necessary for a court order to be considered a removal?
(a) The first order issued by the court in response to the petition to remove the child from the home must contain a judicial finding to the effect that it is contrary to the child's welfare, or not in the child's best interest, to remain in the home.

(b) If the child leaves the home under a voluntary arrangement, the petition to remove the child from that home must be filed before six months have passed and the first court order issued in response must contain the required judicial finding stated in subsection (a) of this section.

(c) If a court order only acknowledges and approves the voluntary relinquishment of a child, it is not a judicial removal and does not meet the requirements for Title IV-E adoption assistance eligibility.

Source Note: The provisions of this §700.823 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective May 1, 2002, 27 TexReg 2837; amended to be effective September 1, 2007, 32 TexReg 5388

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