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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 3APPLICATION PROCESS, AGREEMENTS, AND BENEFITS
RULE §700.846How is the effective date of the adoption assistance agreement determined?
(a) Benefits are not available for any period of time before the effective date of the adoption assistance agreement. The effective date of the agreement cannot be before the month in which we receive your completed application. DFPS may, for good cause, grant retroactive benefits for a period not to exceed 12 months prior to receipt of the completed application if you can demonstrate that:

  (1) DFPS made an error in determining that the child was not eligible for benefits; or

  (2) DFPS caused a delay in the activation of benefits.

(b) The effective date of the adoption assistance agreement is always the first day of the month. A child cannot receive Medicaid and monetary payments from both the foster care and adoption assistance programs in the same month. If we are making foster care maintenance payments for the child, adoption assistance benefits begin the month after the foster care payments stop.

(c) Medicaid and monthly benefits may begin prior to the consummation of the adoption.

Source Note: The provisions of this §700.846 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

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