| (a) You have the right to request a hearing whenever
adoption assistance benefits are denied, delayed, suspended, reduced,
or terminated or when the processing of your application is unreasonably
delayed. A hearing is also available as provided in § 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 hearing, as described in §730.1102
of this title (relating to Definitions), provides you the opportunity
to appeal a decision made in a local DFPS office to a higher authority
within DFPS.
(b) We must receive your written request for a hearing
no later than 90 days after our action that you are appealing. At
the hearing, you can represent yourself or have another person, including
an attorney, represent you.
(c) There is no right to appeal our decision to provide
you all the benefits available, including the maximum monthly payment
allowed, as described in §700.844 of this title (relating to
How are monthly payment amounts determined?).
(d) You have the right to appeal a denial of enhanced
adoption assistance only if the child qualifies as a child with special
needs, the child meets all eligibility criteria in §700.807(1)
- (3) of this title (relating to Who is eligible to receive enhanced
adoption assistance?), and DFPS has confirmed in writing that you
are the appropriate prospective adoptive placement for the child.
(e) You may not appeal a denial of extended adoption
assistance if your child reaches the age of 18 prior to October 1,
2010.
|
| Source Note: The provisions of this §700.880 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective May 1, 2002, 27 TexReg 2838; amended 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; amended to be effective January 19, 2017, 42 TexReg 84 |
