Step 1: The eligibility specialist reviews the adoption assistance packet and evaluates the packet for completeness.

The eligibility specialist reviews the adoption assistance application packet from the child’s primary caseworker or the placing LCPA as soon as it is received in the regional adoption assistance shared drive. No more than three working days after the date the packet is received, the specialist does the following:

• Reviews the packet to make sure it is complete.
• Requests any missing or insufficient documentation from the child’s primary caseworker.

Step 2: The eligibility specialist makes a preliminary determination of eligibility.

The eligibility specialist makes a preliminary determination of eligibility within three working days after receiving a complete adoption assistance packet.

A preliminary determination of eligibility is one in which all of the eligibility requirements are met, except that the adoptive placement agreement has not yet been signed because the child has not yet been placed in the home for the purpose of adoption. However, even in a situation where the family applies for adoption assistance after an adoptive placement, the eligibility specialist is still required to make a preliminary determination of eligibility to determine whether an adoption assistance agreement can be negotiated.

Adoption assistance benefits cannot begin until after negotiation and execution of an adoption assistance agreement and an adoptive placement agreement. See 1714.5 Commencement of Benefits.

The eligibility specialist follows the guidance in 1711 Eligibility Requirements for Adoption Assistance for Children Adopted from DFPS Conservatorship or 1712 Eligibility Requirements for Adoption Assistance for Children Adopted from the Conservatorship of an LCPA and determines the child’s eligibility. Based on that determination, the specialist takes the corresponding actions described below.

Step 2a: The eligibility specialist determined that the child is eligible for reimbursement of nonrecurring adoption expenses only.

If the child is eligible only for the reimbursement of nonrecurring adoption expenses, the eligibility specialist prepares an adoption assistance agreement for this benefit only and executes it with the family.

Upon receiving proof of qualifying expenses, as described in 1714.7 Reimbursement of Nonrecurring Adoption Expenses, the eligibility specialist reimburses the family.

The eligibility specialist does not proceed with any additional steps in this section (Step 2b through Step 4).

Step 2b: The eligibility specialist determined that the child is eligible for monthly payments and Medicaid coverage, in addition to reimbursement of nonrecurring adoption expenses.

Upon determining a child is eligible for adoption assistance or that the child will be eligible once the adoptive placement is made, the eligibility specialist notifies the following people of the eligibility determination within two working days after making the determination:

• The child’s primary caseworker and supervisor, or the appropriate staff at the LCPA.
• The adoptive family.
• DFPS staff responsible for negotiating adoption assistance benefits.

After this notification, the eligibility specialist proceeds to Step 3.

Step 2c: The eligibility specialist determined that the child is not eligible for adoption assistance benefits.

If the child is not eligible for adoption assistance, within two working days after the determination, the eligibility specialist mails the prospective adoptive family a written and dated notice of denial (Form 2253e Adoption Assistance DenialWord Document), which does the following:

• Cites each reason for the determination.
• Informs the family of their right to appeal.

The eligibility specialist also sends copies of the notice to the following:

• The child’s caseworker.
• The placing agency (LCPA), if the placing agency is not DFPS.

The case file must contain documentation of the date the denial notice was mailed to the prospective adoptive parents.

The eligibility specialist finishes the adoption assistance application by adding the adoption assistance segment and denying benefits.

See Texas Administrative Code §700.880: What are my rights to appeal a DFPS decision regarding adoption assistance benefits?External Link.

If necessary, the eligibility specialist also prepares a fair hearing packet.

The eligibility specialist does not proceed to any of the additional steps in this section (Steps 3 and 4).

Step 3: The eligibility specialist activates benefits.

The eligibility specialist activates benefits in IMPACT once the specialist has received both of the following:

• The adoptive placement agreement from the child’s primary caseworker.
• The adoption assistance agreement from the negotiator.

Step 4: The eligibility specialist issues the Activation of Adoption Assistance Notice.

The eligibility specialist sends Form 2253d Activation of Adoption Assistance Notice to the following people:

• The adoptive family, so they are aware of the change in benefits.
• The child’s primary caseworker, so he or she may close out the file.