Federal law provides different eligibility criteria for Title IV-E adoption assistance, depending on whether the child is an applicable child.

A child is an applicable child if he or she meets any of the following criteria:

• Minimum age requirement.
• Time in care requirement.
• Sibling requirement.

Minimum Age Requirement

This requirement relates to the child’s age during the federal fiscal year (FFY) during which DFPS first enters into the adoption assistance agreement with the adoptive parents. Effective October 1, 2018 (FFY 2018), a child must be at least two years old by the end of the FFY in which the adoption assistance agreement was signed, to be an applicable child by meeting the minimum age requirement.

Time in Care Requirement

The term applicable child also includes a child who has been in foster care under the responsibility of DFPS for 60 consecutive months, if the child meets the definition of a child with special needs. The 60-consecutive-month period is any 60 consecutive months that occurred before signing the adoption assistance agreement.

Sibling Requirement

The term applicable child also includes a child whose sibling is an applicable child (based on age or time in care), if the siblings are both placed in the same adoptive placement. The sibling who does not qualify as an applicable child based on age or time in care must also meet the definition of a child with special needs.