Adoption assistance can resume in a subsequent adoption if the adoptive parents die or their parental rights are terminated by the court, if both of the following conditions are met before consummation of the subsequent adoption:

• The child is determined to have special needs, as described in 1711.2 Determining Whether a Child Has Special Needs.
• A new adoption assistance agreement is signed.

The subsequent adoption must occur in accordance with state law. It is not necessary for the child to be placed for adoption by a licensed child-placing agency.

If the child was eligible for Title IV-E adoption assistance in the prior adoption, the new adoptive parents must be residents of Texas; otherwise, DFPS refers them to their state’s Title IV-E agency for assistance. If the child was eligible for state-paid adoption assistance in the prior adoption, it does not matter where the new adoptive parents live because DFPS resumes the assistance if the above conditions are met.

See Texas Administrative Code §700.863: Does a child remain eligible for benefits in a subsequent adoption?External Link.