CHAPTER 162. ADOPTION - Texas Statutes

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