The rules for appealing a DFPS determination on enhanced adoption assistance are the same as those for adoption assistance (see 1719 Fair Hearings about Adoption Assistance Determinations and its subitems), except as described below.

DFPS rules provide that a prospective adoptive parent may appeal a denial of enhanced adoption assistance only if both of the following apply:

• The child qualifies as a child with special needs.
• The child meets all eligibility criteria in 40 TAC §700.807 (1)-(3)External Link, described below.

Criteria the Child Must Meet

The child must be in the managing conservatorship of DFPS. All parental rights to the child must have been terminated for at least 24 months.

The child must have an authorized service level of Specialized or Intense. (The child also meets this requirement if the child had such an authorized service level immediately before being placed in a facility or home operated or regulated by another state agency.)

The child must be living in one of the following:

• A foster care home or other residential child care operation that is regulated by Child Care Licensing and is approved under Licensing minimum standards to provide treatment services.
• A facility or home operated or regulated by another state agency in Texas or in another state that provides comparable treatment services.

DFPS must have determined that the person is the appropriate prospective adoptive parent for the child.

DFPS Rules, 40 TAC §700.880 (a-d)External Link

See also 1719.3 Responsibilities of the Adoption Assistance Eligibility Specialist and Negotiator.