A child who is adopted from the conservatorship of a licensed child-placing agency (LCPA) can only qualify for Title IV-E adoption assistance, not for state-paid adoption assistance. State-paid adoption assistance is authorized only for children living in foster homes at state or county expense.

Texas Family Code §162.304External Link

To qualify for adoption assistance, a child adopted from an LCPA must meet all of the following requirements:

• The general eligibility requirements explained in 1711.1 General Eligibility Requirements.
• The requirements for reimbursement of nonrecurring adoption expenses explained in 1714.7 Reimbursement of Nonrecurring Adoption Expenses and, if applicable, the additional eligibility requirements for monthly payments and Medicaid explained in 1711.4 Additional Eligibility Requirements for Monthly Payments and Medicaid Coverage.

In most cases, a child adopted from an LCPA’s conservatorship does not meet the general eligibility requirements, especially the definition of special needs, unless the child meets the medical or disability requirements for SSI. Even if the child meets the general eligibility requirements, the adoptive parents must still establish that the child meets the Title IV-E eligibility requirements, which is very unlikely, unless the child is eligible for SSI or is an applicable child.