A child with special needs is one who meets all of the criteria in this item.

Eligible Conditions for Adoption Assistance

At the time the adoptive placement agreement is signed, the child is less than 18 years old and meets at least one of the following conditions:

      On the day immediately preceding the date of adoption, the child was in the managing conservatorship of DFPS or an authorized entity, and:

  •  the child is at least six years old;

  •  the child is at least two years old and a member of a racial or ethnic group that exits foster care at a slower pace than other racial or ethnic groups;

  •  the child is:

  •  being adopted with a sibling, or

  •  joining a sibling who has been adopted by the parents or for whom the parents already have permanent managing conservatorship or an equivalent arrangement in another state; or

  •  the child has a verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional’s diagnosis that states what the condition is and that it is handicapping.

      OR

  •  The child has been determined by the Social Security Administration to meet all the medical or disability requirements with respect to eligibility for Supplemental Security Income (SSI) benefits.

Proof of Reasonable Efforts to Find an Adoptive Home

The state has determined that the child cannot or should not be returned to the home. A reasonable effort was made to find an adoptive placement without providing adoption assistance, unless doing so was not in the child’s best interests. When the attempt to find an adoptive placement is unsuccessful, proof of such reasonable efforts may include:

  •  documentation that the child was registered on an adoption registry exchange for more than 60 days;

  •   documentation of any ongoing effort to locate an adoptive family, whether through child welfare entities or government or private organizations; or

  •  the fact that one or more adoptive placements did not result in an adoption.

DFPS Rules, 40 TAC §700.804External Link