Reimbursement of nonrecurring expenses is the only type of adoption assistance for which a child who was adopted internationally may be eligible.

See 1711.6 Determining Who Is an Applicable Child.

Non-Applicable Children

If a non-applicable child was either adopted outside the U.S. or brought to the U.S. for the purpose of adoption, he or she may qualify for reimbursement of nonrecurring adoption expenses if all of the following requirements are met:

• The child was under age 18 at the time the adoptive placement agreement was signed.
• There is a court order (from a court in the U.S.) granting managing conservatorship of the child to DFPS or another authorized entity, such as another public agency or tribe, with whom DFPS has a Title IV-E agreement allowing the other authorized entity to receive federal funding under Title IV-E of the Social Security Act.
• The child meets the special needs criteria in Texas Administrative Code §700.804: Who is a child with special needs? (see also 1711.2 Determining Whether a Child Has Special Needs).
• DFPS has determined that the child cannot or should not return to the home of his or her birth parent.
• DFPS has made reasonable but unsuccessful efforts to find an adoptive placement for the child without reimbursement of nonrecurring adoption expenses, unless doing so was not in the child’s best interest.

Applicable Children

By federal law, an applicable child with special needs is ineligible for any adoption assistance benefits if both of the following apply:

• The child was not a U.S. citizen or resident before the adoption.
• The child was adopted outside the U.S. or brought to the U.S. for the purpose of adoption.

42 U.S.C. §673(a)(7)

DFPS Rules, 40 TAC §700.803(d)