CHAPTER 162. ADOPTION
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 162. ADOPTION
SUBCHAPTER A. ADOPTION OF A CHILD
Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to the
requirements for standing to sue in Chapter 102, an adult may
petition to adopt a child who may be adopted.
(b) A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living parent of
the child has been terminated or a suit for termination is joined
with the suit for adoption;
(2) the parent whose rights have not been terminated is
presently the spouse of the petitioner and the proceeding is for
a stepparent adoption;
(3) the child is at least two years old, the parent-child
relationship has been terminated with respect to one parent, the
person seeking the adoption has been a managing conservator or
has had actual care, possession, and control of the child for a
period of six months preceding the adoption or is the child's
former stepparent, and the nonterminated parent consents to the
adoption; or
(4) the child is at least two years old, the parent-child
relationship has been terminated with respect to one parent, and
the person seeking the adoption is the child's former stepparent
and has been a managing conservator or has had actual care,
possession, and control of the child for a period of one year
preceding the adoption.
(c) If an affidavit of relinquishment of parental rights
contains a consent for the Department of Protective and
Regulatory Services or a licensed child-placing agency to place
the child for adoption and appoints the department or agency
managing conservator of the child, further consent by the parent
is not required and the adoption order shall terminate all rights
of the parent without further termination proceedings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 14, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 493, Sec. 1, eff. Sept.
1, 2003.
Sec. 162.002. PREREQUISITES TO PETITION. (a) If a petitioner
is married, both spouses must join in the petition for adoption.
(b) A petition in a suit for adoption or a suit for appointment
of a nonparent managing conservator with authority to consent to
adoption of a child must include:
(1) a verified allegation that there has been compliance with
Subchapter B ; or
(2) if there has not been compliance with Subchapter B, a
verified statement of the particular reasons for noncompliance.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. In a
suit for adoption, the fact that a petitioner is a member of the
armed forces of the United States, a member of the Texas National
Guard or the National Guard of another state, or a member of a
reserve component of the armed forces of the United States may
not be considered by the court, or any person performing a social
study or home screening, as a negative factor in determining
whether the adoption is in the best interest of the child or
whether the petitioner would be a suitable parent.
Added by Acts 2007, 80th Leg., R.S., Ch.
768, Sec. 1, eff. June 15, 2007.
Sec. 162.003. PRE-ADOPTIVE AND POST-PLACEMENT SOCIAL STUDIES.
In a suit for adoption, pre-adoptive and post-placement social
studies must be conducted as provided in Chapter 107.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 73, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 800, Sec. 1, eff. Sept.
1, 1995; Acts 2001, 77th Leg., ch. 133, Sec. 6, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
832, Sec. 6, eff. September 1, 2007.
Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant a
motion for a preferential setting for a final hearing on an
adoption and shall give precedence to that hearing over all other
civil cases not given preference by other law if the social study
has been filed and the criminal history for the person seeking to
adopt the child has been obtained.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 15, eff. Sept. 1,
1997.
Sec. 162.005. PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL, AND
GENETIC HISTORY REPORT. (a) This section does not apply to an
adoption by the child's:
(1) grandparent;
(2) aunt or uncle by birth, marriage, or prior adoption; or
(3) stepparent.
(b) Before placing a child for adoption, the Department of
Protective and Regulatory Services, a licensed child-placing
agency, or the child's parent or guardian shall compile a report
on the available health, social, educational, and genetic history
of the child to be adopted.
(c) The report shall include a history of physical, sexual, or
emotional abuse suffered by the child, if any.
(d) If the child has been placed for adoption by a person or
entity other than the department, a licensed child-placing
agency, or the child's parent or guardian, it is the duty of the
person or entity who places the child for adoption to prepare the
report.
(e) The person or entity who places the child for adoption shall
provide the prospective adoptive parents a copy of the report as
early as practicable before the first meeting of the adoptive
parents with the child. The copy of the report shall be edited to
protect the identity of birth parents and their families.
(f) The department, licensed child-placing agency, parent,
guardian, person, or entity who prepares and files the original
report is required to furnish supplemental medical,
psychological, and psychiatric information to the adoptive
parents if that information becomes available and to file the
supplemental information where the original report is filed. The
supplemental information shall be retained for as long as the
original report is required to be retained.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.006. RIGHT TO EXAMINE RECORDS. (a) The department,
licensed child-placing agency, person, or entity placing a child
for adoption shall inform the prospective adoptive parents of
their right to examine the records and other information relating
to the history of the child. The person or entity placing the
child for adoption shall edit the records and information to
protect the identity of the biological parents and any other
person whose identity is confidential.
(b) The department, licensed child-placing agency, or court
retaining a copy of the report shall provide a copy of the report
that has been edited to protect the identity of the birth parents
and any other person whose identity is confidential to the
following persons on request:
(1) an adoptive parent of the adopted child;
(2) the managing conservator, guardian of the person, or legal
custodian of the adopted child;
(3) the adopted child, after the child is an adult;
(4) the surviving spouse of the adopted child if the adopted
child is dead and the spouse is the parent or guardian of a child
of the deceased adopted child; or
(5) a progeny of the adopted child if the adopted child is dead
and the progeny is an adult.
(c) A copy of the report may not be furnished to a person who
cannot furnish satisfactory proof of identity and legal
entitlement to receive a copy.
(d) A person requesting a copy of the report shall pay the
actual and reasonable costs of providing a copy and verifying
entitlement to the copy.
(e) The report shall be retained for 99 years from the date of
the adoption by the department or licensed child-placing agency
placing the child for adoption. If the agency ceases to function
as a child-placing agency, the agency shall transfer all the
reports to the department or, after giving notice to the
department, to a transferee agency that is assuming
responsibility for the preservation of the agency's adoption
records. If the child has not been placed for adoption by the
department or a licensed child-placing agency and if the child is
being adopted by a person other than the child's stepparent,
grandparent, aunt, or uncle by birth, marriage, or prior
adoption, the person or entity who places the child for adoption
shall file the report with the department, which shall retain the
copies for 99 years from the date of the adoption.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.0065. EDITING ADOPTION RECORDS IN DEPARTMENT PLACEMENT.
Notwithstanding any other provision of this chapter, in an
adoption in which a child is placed for adoption by the
Department of Protective and Regulatory Services, the department
is not required to edit records to protect the identity of birth
parents and other persons whose identity is confidential if the
department determines that information is already known to the
adoptive parents or is readily available through other sources,
including the court records of a suit to terminate the
parent-child relationship under Chapter 161.
Added by Acts 2003, 78th Leg., ch. 68, Sec. 1, eff. Sept. 1,
2003.
Sec. 162.007. CONTENTS OF HEALTH, SOCIAL, EDUCATIONAL, AND
GENETIC HISTORY REPORT. (a) The health history of the child
must include information about:
(1) the child's health status at the time of placement;
(2) the child's birth, neonatal, and other medical,
psychological, psychiatric, and dental history information;
(3) a record of immunizations for the child; and
(4) the available results of medical, psychological,
psychiatric, and dental examinations of the child.
(b) The social history of the child must include information, to
the extent known, about past and existing relationships between
the child and the child's siblings, parents by birth, extended
family, and other persons who have had physical possession of or
legal access to the child.
(c) The educational history of the child must include, to the
extent known, information about:
(1) the enrollment and performance of the child in educational
institutions;
(2) results of educational testing and standardized tests for
the child; and
(3) special educational needs, if any, of the child.
(d) The genetic history of the child must include a description
of the child's parents by birth and their parents, any other
child born to either of the child's parents, and extended family
members and must include, to the extent the information is
available, information about:
(1) their health and medical history, including any genetic
diseases and disorders;
(2) their health status at the time of placement;
(3) the cause of and their age at death;
(4) their height, weight, and eye and hair color;
(5) their nationality and ethnic background;
(6) their general levels of educational and professional
achievements, if any;
(7) their religious backgrounds, if any;
(8) any psychological, psychiatric, or social evaluations,
including the date of the evaluation, any diagnosis, and a
summary of any findings;
(9) any criminal conviction records relating to a misdemeanor or
felony classified as an offense against the person or family or
public indecency or a felony violation of a statute intended to
control the possession or distribution of a substance included in
Chapter 481, Health and Safety Code; and
(10) any information necessary to determine whether the child is
entitled to or otherwise eligible for state or federal financial,
medical, or other assistance.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.008. FILING OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC
HISTORY REPORT. (a) This section does not apply to an adoption
by the child's:
(1) grandparent;
(2) aunt or uncle by birth, marriage, or prior adoption; or
(3) stepparent.
(b) A petition for adoption may not be granted until the
following documents have been filed:
(1) a copy of the health, social, educational, and genetic
history report signed by the child's adoptive parents; and
(2) if the report is required to be submitted to the bureau of
vital statistics under Section 162.006(e), a certificate from the
bureau acknowledging receipt of the report.
(c) A court having jurisdiction of a suit affecting the
parent-child relationship may by order waive the making and
filing of a report under this section if the child's biological
parents cannot be located and their absence results in
insufficient information being available to compile the report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 20, eff.
Sept. 1, 1999.
Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a) In a suit
affecting the parent-child relationship in which an adoption is
sought, the court shall order each person seeking to adopt the
child to obtain that person's own criminal history record
information. The court shall accept under this section a person's
criminal history record information that is provided by the
Department of Protective and Regulatory Services or by a licensed
child-placing agency that received the information from the
department if the information was obtained not more than one year
before the date the court ordered the history to be obtained.
(b) A person required to obtain information under Subsection (a)
shall obtain the information in the manner provided by Section
411.128, Government Code.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 75, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 908, Sec. 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, Sec. 16, eff. Sept. 1,
1997.
Sec. 162.009. RESIDENCE WITH PETITIONER. (a) The court may not
grant an adoption until the child has resided with the petitioner
for not less than six months.
(b) On request of the petitioner, the court may waive the
residence requirement if the waiver is in the best interest of
the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.010. CONSENT REQUIRED. (a) Unless the managing
conservator is the petitioner, the written consent of a managing
conservator to the adoption must be filed. The court may waive
the requirement of consent by the managing conservator if the
court finds that the consent is being refused or has been revoked
without good cause. A hearing on the issue of consent shall be
conducted by the court without a jury.
(b) If a parent of the child is presently the spouse of the
petitioner, that parent must join in the petition for adoption
and further consent of that parent is not required.
(c) A child 12 years of age or older must consent to the
adoption in writing or in court. The court may waive this
requirement if it would serve the child's best interest.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 76, eff.
Sept. 1, 1995.
Sec. 162.011. REVOCATION OF CONSENT. At any time before an
order granting the adoption of the child is rendered, a consent
required by Section 162.010 may be revoked by filing a signed
revocation.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.012. DIRECT OR COLLATERAL ATTACK. (a) Notwithstanding
Rule 329, Texas Rules of Civil Procedure, the validity of an
adoption order is not subject to attack after six months after
the date the order was signed.
(b) The validity of a final adoption order is not subject to
attack because a health, social, educational, and genetic history
was not filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 601, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 600, Sec. 2, eff. Jan.
1, 1998.
Sec. 162.013. ABATEMENT OR DISMISSAL. (a) If the sole
petitioner dies or the joint petitioners die, the court shall
dismiss the suit for adoption.
(b) If one of the joint petitioners dies, the proceeding shall
continue uninterrupted.
(c) If the joint petitioners divorce, the court shall abate the
suit for adoption. The court shall dismiss the petition unless
the petition is amended to request adoption by one of the
original petitioners.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.014. ATTENDANCE AT HEARING REQUIRED. (a) If the joint
petitioners are husband and wife and it would be unduly difficult
for one of the petitioners to appear at the hearing, the court
may waive the attendance of that petitioner if the other spouse
is present.
(b) A child to be adopted who is 12 years of age or older shall
attend the hearing. The court may waive this requirement in the
best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.015. RACE OR ETHNICITY. (a) In determining the best
interest of the child, the court may not deny or delay the
adoption or otherwise discriminate on the basis of race or
ethnicity of the child or the prospective adoptive parents.
(b) This section does not apply to a person, entity, tribe,
organization, or child custody proceeding subject to the Indian
Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). In
this subsection "child custody proceeding" has the meaning
provided by 25 U.S.C. Section 1903.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 77, eff.
Sept. 1, 1995.
Sec. 162.016. ADOPTION ORDER. (a) If a petition requesting
termination has been joined with a petition requesting adoption,
the court shall also terminate the parent-child relationship at
the same time the adoption order is rendered. The court must make
separate findings that the termination is in the best interest of
the child and that the adoption is in the best interest of the
child.
(b) If the court finds that the requirements for adoption have
been met and the adoption is in the best interest of the child,
the court shall grant the adoption.
(c) The name of the child may be changed in the order if
requested.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.017. EFFECT OF ADOPTION. (a) An order of adoption
creates the parent-child relationship between the adoptive parent
and the child for all purposes.
(b) An adopted child is entitled to inherit from and through the
child's adoptive parents as though the child were the biological
child of the parents.
(c) The terms "child," "descendant," "issue," and other terms
indicating the relationship of parent and child include an
adopted child unless the context or express language clearly
indicates otherwise.
(d) Nothing in this chapter precludes or affects the rights of a
biological or adoptive maternal or paternal grandparent to
reasonable possession of or access to a grandchild, as provided
in Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
916, Sec. 23, eff. June 18, 2005.
Sec. 162.018. ACCESS TO INFORMATION. (a) The adoptive parents
are entitled to receive copies of the records and other
information relating to the history of the child maintained by
the department, licensed child-placing agency, person, or entity
placing the child for adoption.
(b) The adoptive parents and the adopted child, after the child
is an adult, are entitled to receive copies of the records that
have been edited to protect the identity of the biological
parents and any other person whose identity is confidential and
other information relating to the history of the child maintained
by the department, licensed child-placing agency, person, or
entity placing the child for adoption.
(c) It is the duty of the person or entity placing the child for
adoption to edit the records and information to protect the
identity of the biological parents and any other person whose
identity is confidential.
(d) At the time an adoption order is rendered, the court shall
provide to the parents of an adopted child information provided
by the bureau of vital statistics that describes the functions of
the voluntary adoption registry under Subchapter E. The licensed
child-placing agency shall provide to each of the child's
biological parents known to the agency, the information when the
parent signs an affidavit of relinquishment of parental rights or
affidavit of waiver of interest in a child. The information
shall include the right of the child or biological parent to
refuse to participate in the registry. If the adopted child is
14 years old or older the court shall provide the information to
the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 17, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 11, eff. September 1, 2007.
Sec. 162.019. COPY OF ORDER. A copy of the adoption order is
not required to be mailed to the parties as provided in Rules
119a and 239a, Texas Rules of Civil Procedure.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.020. WITHDRAWAL OR DENIAL OF PETITION. If a petition
requesting adoption is withdrawn or denied, the court may order
the removal of the child from the proposed adoptive home if
removal is in the child's best interest and may enter any order
necessary for the welfare of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.021. SEALING FILE. (a) The court, on the motion of a
party or on the court's own motion, may order the sealing of the
file and the minutes of the court, or both, in a suit requesting
an adoption.
(b) Rendition of the order does not relieve the clerk from the
duty to send information regarding adoption to the bureau of
vital statistics as required by this subchapter and Chapter 108.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 78, eff.
Sept. 1, 1995.
Sec. 162.022. CONFIDENTIALITY MAINTAINED BY CLERK. The records
concerning a child maintained by the district clerk after entry
of an order of adoption are confidential. No person is entitled
to access to the records or may obtain information from the
records except for good cause under an order of the court that
issued the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 162.023. ADOPTION ORDER FROM FOREIGN COUNTRY. (a) Except
as otherwise provided by law, an adoption order rendered to a
resident of this state that is made by a foreign country shall be
accorded full faith and credit by the courts of this state and
enforced as if the order were rendered by a court in this state
unless the adoption law or process of the foreign country
violates the fundamental principles of human rights or the laws
or public policy of this state.
(b) A person who adopts a child in a foreign country may
register the order in this state. A petition for registration of
a foreign adoption order may be combined with a petition for a
name change. If the court finds that the foreign adoption order
meets the requirements of Subsection (a), the court shall order
the state registrar to:
(1) register the order under Chapter 192, Health and Safety
Code; and
(2) file a certificate of birth for the child under Section
192.006, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 19, Sec. 1, eff. Sept. 1,
2003.
Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE. (a) A
person who is not the natural or adoptive parent of the child,
the legal guardian of the child, or a child-placing agency
licensed under Chapter 42, Human Resources Code, commits an
offense if the person:
(1) serves as an intermediary between a prospective adoptive
parent and an expectant parent or parent of a minor child to
identify the parties to each other; or
(2) places a child for adoption.
(b) It is not an offense under this section if a professional
provides legal or medical services to:
(1) a parent who identifies the prospective adoptive parent and
places the child for adoption without the assistance of the
professional; or
(2) a prospective adoptive parent who identifies a parent and
receives placement of a child for adoption without the assistance
of the professional.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 411, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 18, eff.
Sept. 1, 1997.
SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
Sec. 162.101. DEFINITIONS. In this subchapter:
(1) "Appropriate public authorities," with reference to this
state, means the executive director.
(2) "Appropriate authority in the receiving state," with
reference to this state, means the executive director.
(3) "Compact" means the Interstate Compact on the Placement of
Children.
(4) "Executive head," with reference to this state, means the
governor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 846, Sec. 2, eff. June
16, 1995.
Sec. 162.102. ADOPTION OF COMPACT; TEXT. The Interstate Compact
on the Placement of Children is adopted by this state and entered
into with all other jurisdictions in form substantially as
provided by this subchapter.
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
ARTICLE I. PURPOSE AND POLICY
It is the purpose and policy of the party states to cooperate
with each other in the interstate placement of children to the
end that:
(a) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with
persons or institutions having appropriate qualifications and
facilities to provide a necessary and desirable degree and type
of care.
(b) The appropriate authorities in a state where a child is to
be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full
compliance with applicable requirements for the protection of the
child.
(c) The proper authorities of the state from which the placement
is made may obtain the most complete information on the basis on
which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of
children will be promoted.
ARTICLE II. DEFINITIONS
As used in this compact:
(a) "Child" means a person who, by reason of minority, is
legally subject to parental, guardianship, or similar control.
(b) "Sending agency" means a party state, officer, or employee
thereof; a subdivision of a party state, or officer or employee
thereof; a court of a party state; a person, corporation,
association, charitable agency, or other entity which sends,
brings, or causes to be sent or brought any child to another
party state.
(c) "Receiving state" means the state to which a child is sent,
brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for
placement with state or local public authorities or for placement
with private agencies or persons.
(d) "Placement" means the arrangement for the care of a child in
a family free or boarding home or in a child-caring agency or
institution but does not include any institution caring for the
mentally ill, mentally defective, or epileptic or any institution
primarily educational in character, and any hospital or other
medical facility.
ARTICLE III. CONDITIONS FOR PLACEMENT
(a) No sending agency shall send, bring, or cause to be sent or
brought into any other party state any child for placement in
foster care or as a preliminary to a possible adoption unless the
sending agency shall comply with each and every requirement set
forth in this article and with the applicable laws of the
receiving state governing the placement of children therein.
(b) Prior to sending, bringing, or causing any child to be sent
or brought into a receiving state for placement in foster care or
as a preliminary to a possible adoption, the sending agency shall
furnish the appropriate public authorities in the receiving state
written notice of the intention to send, bring, or place the
child in the receiving state. The notice shall contain:
(1) the name, date, and place of birth of the child;
(2) the identity and address or addresses of the parents or
legal guardian;
(3) the name and address of the person, agency, or institution
to or with which the sending agency proposes to send, bring, or
place the child;
(4) a full statement of the reasons for such proposed action and
evidence of the authority pursuant to which the placement is
proposed to be made.
(c) Any public officer or agency in a receiving state which is
in receipt of a notice pursuant to Paragraph (b) of this article
may request of the sending agency, or any other appropriate
officer or agency of or in the sending agency's state, and shall
be entitled to receive therefrom, such supporting or additional
information as it may deem necessary under the circumstances to
carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent
or brought into the receiving state until the appropriate public
authorities in the receiving state shall notify the sending
agency, in writing, to the effect that the proposed placement
does not appear to be contrary to the interests of the child.
ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought into any
receiving state of a child in violation of the terms of this
compact shall constitute a violation of the laws respecting the
placement of children of both the state in which the sending
agency is located or from which it sends or brings the child and
of the receiving state. Such violation may be punished or
subjected to penalty in either jurisdiction in accordance with
its laws. In addition to liability for any such punishment or
penalty, any such violation shall constitute full and sufficient
grounds for the suspension or revocation of any license, permit,
or other legal authorization held by the sending agency which
empowers or allows it to place or care for children.
ARTICLE V. RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody,
supervision, care, treatment, and disposition of the child which
it would have had if the child had remained in the sending
agency's state, until the child is adopted, reaches majority,
becomes self-supporting, or is discharged with the concurrence of
the appropriate authority in the receiving state. Such
jurisdiction shall also include the power to effect or cause the
return of the child or its transfer to another location and
custody pursuant to law. The sending agency shall continue to
have financial responsibility for support and maintenance of the
child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state
sufficient to deal with an act of delinquency or crime committed
therein.
(b) When the sending agency is a public agency, it may enter
into an agreement with an authorized public or private agency in
the receiving state providing for the performance of one or more
services in respect of such case by the latter as agent for the
sending agency.
(c) Nothing in this compact shall be construed to prevent a
private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharging
financial responsibility for the support and maintenance of a
child who has been placed on behalf of the sending agency without
relieving the responsibility set forth in Paragraph (a) hereof.
ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institution in
another party jurisdiction pursuant to this compact but no such
placement shall be made unless the child is given a court hearing
on notice to the parent or guardian with opportunity to be heard,
prior to his being sent to such other party jurisdiction for
institutional care and the court finds that:
(1) equivalent facilities for the child are not available in the
sending agency's jurisdiction; and
(2) institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship.
ARTICLE VII. COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compact
shall designate an officer who shall be general coordinator of
activities under this compact in his jurisdiction and who, acting
jointly with like officers of other party jurisdictions, shall
have power to promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.
ARTICLE VIII. LIMITATIONS
This compact shall not apply to:
(a) the sending or bringing of a child into a receiving state by
his parent, stepparent, grandparent, adult brother or sister,
adult uncle or aunt, or his guardian and leaving the child with
any such relative or nonagency guardian in the receiving state;
or
(b) any placement, sending, or bringing of a child into a
receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the
receiving state are party, or to any other agreement between said
states which has the force of law.
ARTICLE IX. ENACTMENT AND WITHDRAWAL
This compact shall be open to joinder by any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and, with the consent of congress,
the government of Canada or any province thereof. It shall become
effective with respect to any such jurisdiction when such
jurisdiction has enacted the same into law. Withdrawal from this
compact shall be by the enactment of a statute repealing the
same, but shall not take effect until two years after the
effective date of such statute and until written notice of the
withdrawal has been given by the withdrawing state to the
governor of each other party jurisdiction. Withdrawal of a party
state shall not affect the rights, duties, and obligations under
this compact of any sending agency therein with respect to a
placement made prior to the effective date of withdrawal.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as
to the state affected as to all severable matters.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.108 and amended by
Acts 1995, 74th Leg., ch. 846, Sec. 3, eff. June 16, 1995.
Sec. 162.103. FINANCIAL RESPONSIBILITY FOR CHILD. (a)
Financial responsibility for a child placed as provided in the
compact is determined, in the first instance, as provided in
Article V of the compact. After partial or complete default of
performance under the provisions of Article V assigning financial
responsibility, the executive director may bring suit under
Chapter 154 and may file a complaint with the appropriate
prosecuting attorney, claiming a violation of Section 25.05,
Penal Code.
(b) After default, if the executive director determines that
financial responsibility is unlikely to be assumed by the sending
agency or the child's parents, the executive director may cause
the child to be returned to the sending agency.
(c) After default, the department shall assume financial
responsibility for the child until it is assumed by the child's
parents or until the child is safely returned to the sending
agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.109 and amended by
Acts 1995, 74th Leg., ch. 846, Sec. 4, eff. June 16, 1995.
Sec. 162.104. APPROVAL OF PLACEMENT. The executive director may
not approve the placement of a child in this state without the
concurrence of the individuals with whom the child is proposed to
be placed or the head of an institution with which the child is
proposed to be placed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.110 and amended by
Acts 1995, 74th Leg., ch. 846, Sec. 5, eff. June 16, 1995.
Sec. 162.105. PLACEMENT IN ANOTHER STATE. A juvenile court may
place a delinquent child in an institution in another state as
provided by Article VI of the compact. After placement in another
state, the court retains jurisdiction of the child as provided by
Article V of the compact.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.111 by Acts 1995, 74th
Leg., ch. 846, Sec. 6, eff. June 16, 1995.
Sec. 162.106. COMPACT AUTHORITY. (a) The governor shall
appoint the executive director of the Department of Protective
and Regulatory Services as compact administrator.
(b) The executive director shall designate a deputy compact
administrator and staff necessary to execute the terms of the
compact in this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.112 and amended by
Acts 1995, 74th Leg., ch. 846, Sec. 7, eff. June 16, 1995.
Sec. 162.107. OFFENSES; PENALTIES. (a) An individual, agency,
corporation, or child-care facility that violates a provision of
the compact commits an offense. An offense under this subsection
is a Class B misdemeanor.
(b) An individual, agency, corporation, child-care facility, or
child-care institution in this state that violates Article IV of
the compact commits an offense. An offense under this subsection
is a Class B misdemeanor. On conviction, the court shall revoke
any license to operate as a child-care facility or child-care
institution issued by the department to the entity convicted and
shall revoke any license or certification of the individual,
agency, or corporation necessary to practice in the state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 162.113 and amended by
Acts 1995, 74th Leg., ch. 846, Sec. 8, eff. June 16, 1995.
SUBCHAPTER C. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
ASSISTANCE
Sec. 162.201. ADOPTION OF COMPACT; TEXT. The Interstate Compact
on Adoption and Medical Assistance is adopted by this state and
entered into with all other jurisdictions joining in the compact
in form substantially as provided under this subchapter.
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
ARTICLE I. FINDINGS
The legislature finds that:
(a) Finding adoptive families for children for whom state
assistance is desirable, under Subchapter D, Chapter 162, and
assuring the protection of the interest of the children affected
during the entire assistance period require special measures when
the adoptive parents move to other states or are residents of
another state.
(b) The provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
ARTICLE II. PURPOSES
The purposes of the compact are to:
(a) authorize the Department of Protective and Regulatory
Services, with the concurrence of the Health and Human Services
Commission, to enter into interstate agreements with agencies of
other states for the protection of children on behalf of whom
adoption assistance is being provided by the Department of
Protective and Regulatory Services; and
(b) provide procedures for interstate children's adoption
assistance payments, including medical payments.
ARTICLE III. DEFINITIONS
In this compact:
(a) "Adoption assistance state" means the state that signs an
adoption assistance agreement in a particular case.
(b) "Residence state" means the state in which the child resides
by virtue of the residence of the adoptive parents.
(c) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, or a
territory or possession of or a territory or possession
administered by the United States.
ARTICLE IV. COMPACTS AUTHORIZED
The Department of Protective and Regulatory Services, through its
executive director, is authorized to develop, participate in the
development of, negotiate, and enter into one or more interstate
compacts on behalf of this state with other states to implement
one or more of the purposes of this compact. An interstate
compact authorized by this article has the force and effect of
law.
ARTICLE V. CONTENTS OF COMPACTS
A compact entered into under the authority conferred by this
compact shall contain:
(1) a provision making the compact available for joinder by all
states;
(2) a provision for withdrawal from the compact on written
notice to the parties, with a period of one year between the date
of the notice and the effective date of the withdrawal;
(3) a requirement that protections under the compact continue
for the duration of the adoption assistance and apply to all
children and their adoptive parents who on the effective date of
the withdrawal are receiving adoption assistance from a party
state other than the one in which they reside and have their
principal place of abode;
(4) a requirement that each case of adoption assistance to which
the compact applies be covered by a written adoption assistance
agreement between the adoptive parents and the state child
welfare agency of the state that provides the adoption assistance
and that the agreement be expressly for the benefit of the
adopted child and enforceable by the adoptive parents and the
state agency providing the adoption assistance; and
(5) other provisions that are appropriate for the proper
administration of the compact.
ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
A compact entered into under the authority conferred by this
compact may contain the following provisions, in addition to
those required under Article V of this compact:
(1) provisions establishing procedures and entitlement to
medical, developmental, child-care, or other social services for
the child in accordance with applicable laws, even if the child
and the adoptive parents are in a state other than the one
responsible for or providing the services or the funds to defray
part or all of the costs thereof; and
(2) other provisions that are appropriate or incidental to the
proper administration of the compact.
ARTICLE VII. MEDICAL ASSISTANCE
(a) A child with special needs who resides in this state and who
is the subject of an adoption assistance agreement with another
state is entitled to receive a medical assistance identification
from this state on the filing in the state medical assistance
agency of a certified copy of the adoption assistance agreement
obtained from the adoption assistance state. In accordance with
rules of the state medical assistance agency, the adoptive
parents, at least annually, shall show that the agreement is
still in effect or has been renewed.
(b) The state medical assistance agency shall consider the
holder of a medical assistance identification under this article
as any other holder of a medical assistance identification under
the laws of this state and shall process and make payment on
claims on the holder's account in the same manner and under the
same conditions and procedures as for other recipients of medical
assistance.
(c) The state medical assistance agency shall provide coverage
and benefits for a child who is in another state and who is
covered by an adoption assistance agreement made by the
Department of Protective and Regulatory Services for the coverage
or benefits, if any, not provided by the residence state. The
adoptive parents acting for the child may submit evidence of
payment for services or benefit amounts not payable in the
residence state and shall be reimbursed for those amounts.
Services or benefit amounts covered under any insurance or other
third-party medical contract or arrangement held by the child or
the adoptive parents may not be reimbursed. The state medical
assistance agency shall adopt rules implementing this subsection.
The additional coverage and benefit amounts provided under this
subsection are for services for which there is no federal
contribution or services that, if federally aided, are not
provided by the residence state. The rules shall include
procedures for obtaining prior approval for services in cases in
which prior approval is required for the assistance.
(d) The submission of a false, misleading, or fraudulent claim
for payment or reimbursement for services or benefits under this
article or the making of a false, misleading, or fraudulent
statement in connection with the claim is an offense under this
subsection if the person submitting the claim or making the
statement knows or should know that the claim or statement is
false, misleading, or fraudulent. A person who commits an offense
under this subsection may be liable for a fine not to exceed
$10,000 or imprisonment for not more than two years, or both the
fine and the imprisonment. An offense under this subsection that
also constitutes an offense under other law may be punished under
either this subsection or the other applicable law.
(e) This article applies only to medical assistance for children
under adoption assistance agreements with states that have
entered into a compact with this state under which the other
state provides medical assistance to children with special needs
under adoption assistance agreements made by this state. All
other children entitled to medical assistance under adoption
assistance agreements entered into by this state are eligible to
receive the medical assistance in accordance with the laws and
procedures that apply to the agreement.
ARTICLE VIII. FEDERAL PARTICIPATION
Consistent with federal law, the Department of Protective and
Regulatory Services and the Health and Human Services Commission,
in connection with the administration of this compact or a
compact authorized by this compact, shall include the provision
of adoption assistance and medical assistance for which the
federal government pays some or all of the cost in any state plan
made under the Adoption Assistance and Child Welfare Act of 1980
(Pub. L. No. 96-272), Titles IV-E and XIX of the Social Security
Act, and other applicable federal laws. The Department of
Protective and Regulatory Services and the Health and Human
Services Commission shall apply for and administer all relevant
federal aid in accordance with law.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
Sec. 162.202. AUTHORITY OF DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES. The Department of Protective and Regulatory
Services, with the concurrence of the Health and Human Services
Commission, may develop, participate in the development of,
negotiate, and enter into one or more interstate compacts on
behalf of this state with other states to implement one or more
of the purposes of this subchapter. An interstate compact
authorized by this article has the force and effect of law.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
Sec. 162.203. COMPACT ADMINISTRATION. The executive director of
the Department of Protective and Regulatory Services shall serve
as the compact administrator. The administrator shall cooperate
with all departments, agencies, and officers of this state and
its subdivisions in facilitating the proper administration of the
compact and any supplemental agreements entered into by this
state. The executive director and the commissioner of human
services shall designate deputy compact administrators to
represent adoption assistance services and medical assistance
services provided under Title XIX of the Social Security Act.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
Sec. 162.204. SUPPLEMENTARY AGREEMENTS. The compact
administrator may enter into supplementary agreements with
appropriate officials of other states under the compact. If a
supplementary agreement requires or authorizes the use of any
institution or facility of this state or requires or authorizes
the provision of a service by this state, the supplementary
agreement does not take effect until approved by the head of the
department or agency under whose jurisdiction the institution or
facility is operated or whose department or agency will be
charged with rendering the service.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
Sec. 162.205. PAYMENTS BY STATE. The compact administrator,
subject to the approval of the chief state fiscal officer, may
make or arrange for payments necessary to discharge financial
obligations imposed on this state by the compact or by a
supplementary agreement entered into under the compact.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
Sec. 162.206. PENALTIES. A person who, under a compact entered
into under this subchapter, knowingly obtains or attempts to
obtain or aids or abets any person in obtaining, by means of a
wilfully false statement or representation or by impersonation or
other fraudulent device, any assistance on behalf of a child or
other person to which the child or other person is not entitled,
or assistance in an amount greater than that to which the child
or other person is entitled, commits an offense. An offense under
this section is a Class B misdemeanor. An offense under this
section that also constitutes an offense under other law may be
punished under either this section or the other applicable law.
Added by Acts 1995, 74th Leg., ch. 846, Sec. 9, eff. June 16,
1995.
SUBCHAPTER D. ADOPTION SERVICES BY THE DEPARTMENT OF PROTECTIVE
AND REGULATORY SERVICES
Sec. 162.301. DEFINITIONS. In this subchapter:
(1) "Adoption assistance agreement" means a written agreement,
binding on the parties to the agreement, between the department
and the prospective adoptive parents that specifies the nature
and amount of any payment, services, or assistance to be provided
under the agreement and stipulates that the agreement will remain
in effect without regard to the state in which the prospective
adoptive parents reside at any particular time.
(2) "Child" means a child who cannot be placed for adoption with
appropriate adoptive parents without the provision of adoption
assistance because of factors including ethnic background, age,
membership in a minority or sibling group, the presence of a
medical condition, or a physical, mental, or emotional
disability.
(3) "Department" means the Department of Protective and
Regulatory Services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 412, Sec. 1, eff. Aug.
28, 1995.
Sec. 162.302. ADOPTION ASSISTANCE PROGRAM. (a) The department
shall administer a program designed to promote the adoption of
children by providing information to prospective adoptive parents
concerning the availability and needs of the children, assisting
the parents in completing the adoption process, and providing
adoption assistance necessary for the parents to adopt the
children.
(b) The legislature intends that the program benefit children
residing in foster homes at state or county expense by providing
them with the stability and security of permanent homes and that
the costs paid by the state and counties for foster home care for
the children be reduced.
(c) The program shall be carried out by licensed child-placing
agencies or county child-care or welfare units under rules
adopted by the department.
(d) The department shall keep records necessary to evaluate the
program's effectiveness in encouraging and promoting the adoption
of children.
(e) It is the intent of the legislature that the department in
providing adoption services, when it is in the children's best
interest, keep siblings together and whenever possible place
siblings in the same adoptive home.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 412, Sec. 2, eff. Aug.
28, 1995; Acts 2001, 77th Leg., ch. 744, Sec. 1, eff. June 13,
2001.
Sec. 162.303. DISSEMINATION OF INFORMATION. The department,
county child-care or welfare units, and licensed child-placing
agencies shall disseminate information to prospective adoptive
parents concerning the availability and needs of children for
adoption and the existence of adoption assistance for parents who
adopt them. Special effort shall be made to disseminate the
information to families that have lower income levels or that
belong to disadvantaged groups.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 412, Sec. 3, eff. Aug.
28, 1995.
Sec. 162.304. FINANCIAL AND MEDICAL ASSISTANCE. (a) The
department shall enter into adoption assistance agreements with
the adoptive parents of a child as authorized by Part E of Title
IV of the federal Social Security Act, as amended (42 U.S.C.
Section 673).
(b) The adoption of a child may be subsidized by the department.
The need for and amount of the subsidy shall be determined by the
department under its rules.
(b-1) The department shall pay a $150 subsidy each month for the
premiums for health benefits coverage for a child with respect to
whom a court has entered a final order of adoption if the child:
(1) was in the conservatorship of the department at the time of
the child's adoptive placement;
(2) after the adoption, is not eligible for medical assistance
under Chapter 32, Human Resources Code; and
(3) is younger than 18 years of age.
(b-2) The executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subsection (b-1), including rules that:
(1) limit eligibility for the subsidy under that subsection to a
child whose adoptive family income is less than 300 percent of
the federal poverty level;
(2) provide for the manner in which the department shall pay the
subsidy under that subsection; and
(3) specify any documentation required to be provided by an
adoptive parent as proof that the subsidy is used to obtain and
maintain health benefits coverage for the adopted child.
(c) In addition to the subsidy under Subsection (b), the
department may subsidize the cost of medical care for a child.
The department shall determine the amount and need for the
subsidy.
(d) The county may pay a subsidy under Subsection (b) or (c) if
the county is responsible for the child's foster care at the time
of the child's adoptive placement.
(e) If the child is receiving supplemental security income from
the federal government, the state may pay the subsidy regardless
of whether the state is the managing conservator for the child.
(f) Subject to the availability of funds, the department shall
work with the Health and Human Services Commission and the
federal government to develop a program to provide medical
assistance under Chapter 32, Human Resources Code, to children
who were in the conservatorship of the department at the time of
adoptive placement and need medical or rehabilitative care but do
not qualify for adoption assistance.
(g) The executive commissioner of the Health and Human Services
Commission by rule shall provide that the maximum amount of the
subsidy under Subsection (b) that may be paid to an adoptive
parent of a child under an adoption assistance agreement is an
amount that is equal to the amount that would have been paid to
the foster parent of the child, based on the child's foster care
service level on the date the department and the adoptive parent
enter into the adoption assistance agreement. This subsection
applies only to a child who, based on factors specified in rules
of the department, the department determines would otherwise have
been expected to remain in foster care until the child's 18th
birthday and for whom this state would have made foster care
payments for that care. Factors the department may consider in
determining whether a child is eligible for the amount of the
subsidy authorized by this subsection include the following:
(1) the child's mental or physical disability, age, and
membership in a sibling group; and
(2) the number of prior placement disruptions the child has
experienced.
(h) In determining the amount that would have been paid to a
foster parent for purposes of Subsection (g), the department:
(1) shall use the minimum amount required to be paid to a foster
parent for a child assigned the same service level as the child
who is the subject of the adoption assistance agreement; and
(2) may not include any amount that a child-placing agency is
entitled to retain under the foster care rate structure in effect
on the date the department and the adoptive parent enter into the
agreement.
(i) A child for whom a subsidy is provided under Subsection
(b-1) for premiums for health benefits coverage and who does not
receive any other subsidy under this section is not considered to
be the subject of an adoption assistance agreement for any other
purpose, including for determining eligibility for the exemption
from payment of tuition and fees for higher education under
Section 54.2111, Education Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 412, Sec. 4, eff. Aug.
28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.09, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
267, Sec. 2(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 4(a), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(15), eff. September 1, 2009.
Sec. 162.3041. CONTINUATION OF ASSISTANCE AFTER CHILD'S 18TH
BIRTHDAY. (a) The department shall, in accordance with
department rules, offer adoption assistance after a child's 18th
birthday to the child's adoptive parents under an existing
adoption assistance agreement entered into under Section 162.304
until:
(1) the first day of the month of the child's 21st birthday if
the department determines, as provided by department rules, that:
(A) the child has a mental or physical disability that warrants
the continuation of that assistance;
(B) the child, or the child's adoptiv