Adoption assistance agreements are negotiated based on the child’s special needs. The goal of negotiation is to work with the family to identify how the child’s special needs (age, sibling status, or disability, as detailed in 1711.2 Determining Whether a Child Has Special Needs) translate into the family’s need for ongoing assistance, which may be medical, financial, or both.

Eligibility for adoption assistance is based on the needs of the child, not the income of the family. The family’s resources (including income, community resources, and support services), can be considered when determining the type and amount of assistance, but DFPS does not use a means test or impose an income eligibility requirement for this determination.

Texas Administrative Code §700.844External Link

The circumstances of the adopting parents are considered together with the needs of the child when negotiating the adoption assistance agreement. The Administration for Children and Families has interpreted consideration of the circumstances of the adopting parents as being related to the following characteristics of the adopting family:

• Capacity to incorporate the child into their household, in relation to their lifestyle.
• Standard of living and future plans.
• Capacity to meet the child’s immediate and future needs, including the child’s educational needs.

This means DFPS considers the overall ability of the family to incorporate an individual child into their household. Families with the same incomes or in similar circumstances do not necessarily require identical types or amounts of assistance. Each unique situation may require different amounts of payment.

The negotiation process begins when a child with special needs is considered for adoptive placement with a family and DFPS has made a preliminary or actual determination of eligibility. This allows both the family and DFPS to decide whether the placement is feasible and in the child’s best interest. It is best to do negotiation before adoptive placement, but it can be done any time during the placement before consummation of the adoption.

Adoption assistance benefits cannot begin until all eligibility requirements are met, including the requirement of an approved adoptive placement agreement and a signed adoption assistance agreement.