Eligibility Specialist

The adoption assistance eligibility specialist informs adoptive parents of their right to a fair hearing. The adoptive parents are responsible for providing supporting documentation and proving their child’s eligibility, but the eligibility specialist explains to the parents what information or documentation is needed for the hearing.

The adoption assistance eligibility specialist prepares a fair hearing packet for the adoptive parents to submit to the DFPS Office of General Counsel. The submitted packet must include Form 4800 Petition for Adoption Assistance Fair Hearing [sic, broken link]Word Document and all required attachments.

Negotiator

If the adoptive parents request a fair hearing during the negotiation of benefits, the negotiator for adoption assistance does the following:

• Prepares a written report summarizing the dispute over the amount or types of assistance and the efforts taken to resolve it.
• Provides documentation of the process and results of the discussion and negotiation with the adoptive parents, including any relevant notes or recordings.

In such circumstances, the benefits negotiator must be prepared to participate and testify in the fair hearing.

Right to Appeal

There is no right to appeal a DFPS determination that provides adoptive parents with the maximum allowable monthly payment.

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