The eligibility period for residential therapeutic care is limited to 12 months after adoption.
The associate commissioner for CPS may extend an adopted child's eligibility if:
• an extension will permit the child to complete the academic year without disruption within the next 90 days;
• an appropriate alternative placement will be available for the child within the next 90 days, but is not available now; or
• the child is expected to be able to return home and function in the adoptive family within the next 90 days.
Referrals for Long-term Care
If a child's treatment needs cannot be met within 12 months, the contractor must refer the family to an agency that can meet the child's need for long-term care.
For information about programs and facilities that can provide such care in Texas, the contractor may contact the:
• Texas Department of State Health Services,
• Texas Department of Aging and Disability Services' program of Community Care for the Aged and Disabled; or
• Texas Department of Assistive and Rehabilitative Services.
Extending Long-Term Care
The associate commissioner for CPS may extend a child's eligibility for up to 12 additional months, when all of the following conditions are met:
• the child is being treated in a specialized residential treatment facility whose standard course of treatment for the child's condition is longer than 12 months and no more than 24 months;
• there is clear evidence in the most recent comprehensive psychological or psychological report that the child requires and is not currently receiving treatment for a severe condition (such as a reactive attachment disorder requiring a specialized form of treatment).
Note: The psychiatric or psychological report cited must be no older than 90 days;
• current treatment notes and reports clearly indicate that the child is making significant progress despite the need for extensive treatment services;
• the treatment facility, the child's family, and the provider of the post adoption services expect the child to be able to return home at the end of the prescribed treatment, which is no more than 24 months after the initial placement;
• the child's family is actively participating in the child's treatment, is participating in family therapy, and is complying with the terms outlined in the agreement for residential placement and the plan of service;
• outpatient treatment is unavailable and long term, out-of-home treatment is in the child's best interest; and
• adequate funds are available for the child's continued treatment.
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