The following requirements apply when determining the earliest date that adoption assistance benefits can begin:

• All eligibility requirements must be met during the month that benefits begin.
• The effective date of the adoption assistance agreement is always the first day of the month.
• The child cannot receive foster care assistance benefits and adoption assistance benefits for the same month.
• When the child is receiving SSI benefits, adoption assistance benefits can begin in the month following the filing of the petition to adopt.
• When the outcome of a fair hearing will determine eligibility, benefits begin as directed in the fair hearing officer’s order.
• Benefit eligibility cannot be retroacted earlier than 12 months before DFPS’s receipt of a completed adoption assistance application.

See Texas Administrative Code §700.846: How is the effective date of the adoption assistance agreement determined?External Link.