Texas Family Code - Section 162.3041. Continuation Of Assistance After Child's 18th Birthday
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Texas Lawyer > Family Code > Texas Family Code - Section 162.3041. Continuation Of Assistance After Child's 18th Birthday
§ 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 adoptive parent on
behalf of the child, has applied for federal benefits under the
supplemental security income program (42 U.S.C. Section 1381 et
seq.), as amended; and
(C) the child's adoptive parents are providing
the child's financial support; or
(2) if the child does not meet the requirements of
Subdivision (1), the earlier of:
(A) the date the child ceases to regularly attend
high school or a vocational or technical program;
(B) the date the child obtains a high school
diploma or high school equivalency certificate;
(C) the date the child's adoptive parents stop
providing financial support to the child; or
(D) the first day of the month of the child's 19th
birthday.
(b) In determining whether a child meets the requirements of
Subdivision (a)(1), the department may conduct an assessment of the
child's mental or physical disability or may contract for the
assessment to be conducted.
(c) The department and any person with whom the department
contracts to conduct an assessment under Subsection (b) shall:
(1) inform the adoptive parents of the child for whom
the assessment is conducted of the application requirement under
Subsection (a)(1)(B) for federal benefits for the child under the
supplemental security income program (42 U.S.C. Section 1381 et
seq.), as amended;
(2) provide assistance to the adoptive parents and the
child in preparing an application for benefits under that program;
and
(3) provide ongoing consultation and guidance to the
adoptive parents and the child throughout the eligibility
determination process for benefits under that program.
(d) If the legislature does not appropriate sufficient
money to provide adoption assistance to the adoptive parents of all
children described by Subsection (a), the department shall provide
adoption assistance only to the adoptive parents of children
described by Subsection (a)(1).
Added by Acts 2001, 77th Leg., ch. 1449, § 1, eff. Sept. 1, 2001.
Section: 162.204 162.205 162.206 162.301 162.302 162.303 162.304 162.3041 162.305 162.306 162.308 162.309 162.401 162.402 162.403
Last modified: August 11, 2007
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