Extended adoption assistance benefits are available to eligible youth to allow them to remain eligible for adoption assistance through the month in which they turn 21, if both of the following requirements are met:

• The youth’s adoptive parents initially entered into an adoption assistance agreement with DFPS after the youth’s 16^th birthday and before the youth’s 18^thbirthday.
• The youth or adoptive family submits documentation sufficient to establish that the youth is one of the following:
  • Regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate.
  • Regularly attending an institution of higher education or a postsecondary vocational or technical program.
  • Participating in a program or activity that promotes employment or removes barriers to employment.
  • Employed for at least 80 hours a month.
  • Incapable of doing the activities described above because of a documented medical condition. There is a presumption that a youth is capable of doing the activities, and the burden of proof to demonstrate that the youth is incapable is the adoptive family’s responsibility.

Each year, the adoption assistance eligibility specialist verifies that the youth meets the requirements above (such as by working or attending school). The adoptive family submits documents directly to the adoption assistance eligibility specialist verifying the student’s attendance or the youth’s other qualifying activity. See Texas Administrative Code §700.851: How can my child qualify for extended adoption assistance benefits?External Link.

No extended adoption assistance benefits were available before October 1, 2010. Youth who turned 18 before that date are excluded from receiving these benefits or a hearing to appeal the denial of these benefits.

DFPS Rules, 40 TAC §700.880(e)External Link