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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 §700.848When can the adoption assistance agreement and benefits be terminated before it expires?

(a) The agreement and benefits can be terminated when any of the following occurs:

  (1) the adoptive placement ends before the adoption is consummated;

  (2) we discover the child was mistakenly determined eligible for benefits;

  (3) the child is under the age of 18 years and you are no longer legally responsible for the child's support, such as when your parental rights are terminated;

  (4) we determine that you are no longer providing any support to the child;

  (5) the child dies; or

  (6) you request termination of benefits.

(b) If the child is over the age of 18 years and receiving benefits pursuant to §700.851 of this title (relating to How can my child qualify for extended adoption assistance benefits?), the adoption assistance agreement and benefits may be terminated if the child no longer meets the conditions in §700.851(b) of this title.

(c) If you receive any monthly payments for a period of time when they could have been terminated, we may require you to repay the total amount or recover the overpayment by deducting amounts from future payments under a repayment plan.


Source Note: The provisions of this §700.848 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective March 1, 2010, 35 TexReg 875

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