A child with special needs is one who meets all of the criteria
in this section:
(1) At the time the adoptive placement agreement is
signed, the child is less than 18 years old and meets at least one
of the following conditions:
(A) Except as provided in §700.863 of this title
(relating to Does a child remain eligible for benefits in a subsequent
adoption?) and §700.883 of this title (relating to Can I still
get adoption assistance benefits if I assume legal responsibility
of a child in DFPS conservatorship before the adoption is finalized?),
the child was in the managing conservatorship of DFPS or an authorized
entity from the time of adoptive placement until the consummation
of the adoption, and:
(i) the child is at least six years old;
(ii) the child is at least two years old and a member
of a racial or ethnic group that exits foster care at a slower pace
than other racial or ethnic groups;
(iii) the child is being adopted with a sibling or
to join a sibling who has been adopted by the parents or for whom
the parents already have permanent managing conservatorship or an
equivalent arrangement in another state; or
(iv) the child has a verifiable physical, mental, or
emotional disabling condition, as established by an appropriately
qualified professional through a diagnosis that addresses:
(I) what the condition is; and
(II) that the condition is disabling; or
(B) The child has been determined by the Social Security
Administration to meet all the medical or disability requirements
with respect to eligibility for Supplemental Security Income (SSI)
benefits;
(2) The state has determined that the child cannot
or should not be returned to the home of his parents; and
(3) A reasonable, but unsuccessful, effort was made
to find an adoptive placement without providing adoption assistance,
unless doing so was not in the child's best interests. Proof of such
reasonable efforts may include:
(A) documentation that the child was registered on
an adoption registry exchange for more than 60 days;
(B) documentation of any ongoing effort, whether through
child welfare entities, government or private organizations, to locate
an adoptive family; or
(C) the fact that one or more adoptive placements did
not result in an adoption.
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| Source Note: The provisions of this §700.804 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 |
