| (a) The pronouns used in this subchapter have the following meanings: (1) The pronouns "I," "my," "you" and "your" refer to the adoptive parent(s). (2) The pronouns "we," "us," "our" and "DFPS" refer to the Texas Department of Family and Protective Services (DFPS) or any of its divisions or employees, including Child Protective Services (CPS). (b) The words and terms used in this subchapter have the following meanings, unless otherwise specified or the context clearly indicates otherwise: (1) Adoptive parent(s)--The person(s) who commit(s) to adopting a child who is placed for the purpose of adoption by DFPS, an LCPA, or another authorized entity that has managing conservatorship of the child. (2) Adoptive placement--The period of time beginning when DFPS, the LCPA, or another authorized entity places the child with adoptive parents and ending at consummation of the adoption. The child must not be placed for the purpose of adoption until the child is legally free for adoption following termination of parental rights or death of the child's parents. The child must be placed by DFPS, the LCPA, or another authorized entity that has the managing conservatorship of the child. The child must be placed for adoption in accordance with licensing minimum standards established in the state where the LCPA is licensed or certified, including requirements for an approved home study and Title IV-E requirements regarding criminal background checks. (3) Adoptive Placement Agreement--A written agreement between DFPS or a LCPA and the prospective adoptive parent(s) that documents when a child in DFPS conservatorship is placed for the purpose of adoption and defines the duties of the parties from that date until the adoption is consummated. (4) AFDC eligible--A child qualified for aid under the Texas State IV-A Plan (as in effect on July 16, 1996), with the exception that the child's maximum resource limit is $10,000. Requirements include that the child must live with a parent or specified relative and be deprived of parental support. Parental deprivation exists if one of the child's parents is dead, absent from the home, or has a mental or physical incapacity that prevents the parent from supporting or caring for the child, or principal wage earner parent is unemployed. (5) Adoption Assistance Agreement--The written contract for adoption assistance that is legally binding because both parties have signed it agreeing to all terms and conditions. (6) Applicable child--A child who meets the requirements described in §700.825 of this title (relating to Who is considered an applicable child?). (7) Authorized entity--Any entity, such as another public agency or Tribe, with whom DFPS has a Title IV-E agreement, which permits the authorized entity to receive federal funding participation under Title IV-E of the federal Social Security Act. (8) Child with special needs--A child who meets the definition described in §700.804 of this title (relating to Who is a child with special needs?). (9) Complete application--All the forms and documents that must be filled out and received by DFPS to process a request for adoption assistance and to determine a child's eligibility. (10) Deferred agreement--The legally binding, written contract to provide adoption assistance in the future if the need develops. A deferred agreement is used when the child is eligible for adoption assistance and you are able to meet the child's current needs, but you may be unable to meet the child's needs in the future if circumstances change. (11) Elementary or secondary student--A child who is: (A) enrolled or in the process of enrolling in an institution which provides elementary or secondary education in accordance with Texas law or the law of the state in which the child resides; (B) instructed in elementary or secondary education at home in accordance with Texas law or the law of the state in which the child resides; (C) in an independent study elementary or secondary education program, administered by a school or school district, in accordance with Texas law or the law of the state in which the child resides; or (D) incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information. (12) Extended adoption assistance benefits--Adoption assistance benefits available for certain children who qualify under §700.851 of this title (relating to How can my child qualify for extended adoption assistance benefits?), which are payable after a child's 18th birthday through the last day of the month in which the child attains the age of 21. (13) Licensed child-placing agency (LCPA)--An entity other than DFPS that is licensed or certified by the State of Texas or another state to place children for adoption. (14) Nonrecurring expenses--A type of adoption assistance benefits that are one-time expenses directly related to the completion of the adoption process. Also see §700.850 of this title (relating to How do I get reimbursement of nonrecurring expenses?). (15) Public child welfare agency--The entity charged by a state's government with responsibility for child welfare activities in the state, including responsibility for investigating reports of abuse or neglect of a child, or administration of the state's programs under Title IV-B or IV-E of the Social Security Act. The term also includes an Indian Tribe or Tribal Organization directly administering a Title IV-E program. (16) Title IV-E--The federal program for adoption assistance established under Title IV-E of the Social Security Act, 42 U.S.C. §673. |
| Source Note: The provisions of this §700.801 adopted to be effective September 1, 2007, 32 TexReg 5388; amended to be effective January 1, 2009, 33 TexReg 9270; amended to be effective March 1, 2010, 35 TexReg 875 |
