A deferred agreement for adoption assistance is a written agreement between the adoptive parents and DFPS to negotiate adoption assistance benefits at a future date if the need arises. A deferred agreement for adoption assistance is used when the family can currently provide for the child but may require future assistance because of the child’s special needs. A deferred agreement is used when all of the following apply:

• The child meets the eligibility requirements for adoption assistance at the time of adoptive placement and filing of the petition to adopt.
• The child is eligible for SSI benefits at the time of adoptive placement.
• The family is able to meet the child’s current needs, or there are no current unmet special needs.
• DFPS or the family anticipates that the child will have other needs in the future, and the family is likely to need help meeting those needs.

Under the terms of a deferred agreement, the child’s eligibility for adoption assistance is already established, and if the family and child need assistance in the future, the family and DFPS will negotiate specific agreements for benefits (including Medicaid or monthly payments) at that time. The existence of a deferred agreement eliminates the need for a fair hearing if a need for adoption assistance arises in the future.

See:

Texas Administrative Code §700.801(10): What do certain pronouns, words, and terms in this subchapter mean?External Link

Texas Administrative Code §700.842(c): What happens if my child is determined eligible?External Link