1. (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Nonrecurring adoption expenses--Reasonable and necessary adoption fees paid to licensed child placing agencies, as well as court costs, attorney fees, and other expenses that are directly related to legal completion of the adoption and that are not incurred in violation of state or federal law.
   2. (2) Other expenses--Expenses for health and psychological evaluations related to the adoption study, and the reasonable costs of transportation, lodging, and food for the adoptive parent and/or child when necessary to complete the placement or the adoption process.
2. (b) The Texas Department of Protective and Regulatory Services (PRS) reimburses nonrecurring adoption expenses incurred by adoptive parents in the adoption of a child with special needs. The department's reimbursement covers the parents' actual costs up to a maximum of $1,500 per child. When the parents adopt a sibling group, the maximum reimbursement is the sum of the parents' actual costs or $1,500 times the number of adopted children in the group, whichever is less. The department's reimbursement does not cover any portion of nonrecurring adoption expenses that is eligible for reimbursement by a third party.

3. (c) To qualify for reimbursement of nonrecurring expenses, an adoption must meet the following requirements.

   1. (1) The expense must be directly related to an adoption that is legally completed on or after January 1, 1987. If the order of adoption was entered before January 1, 1987, the allowable expense must have been paid on or after January 1, 1987.
   2. (2) The person or agency responsible for the child's adoptive placement must have made efforts to place the child without financial assistance. Registering the child on the Texas Adoption Resource Exchange or on another adoption exchange is sufficient to meet this requirement.
   3. (3) A court of competent jurisdiction must have determined that the child must not be returned to his parent's home. The determination must be documented by a court-ordered termination of parental rights.

   4. (4) At the time of adoptive placement, the child must:

      1. (A) be at least six years old;
      2. (B) be at least two years old and a member of a racial or ethnic minority;
      3. (C) have a professionally diagnosed physical, mental, or emotional handicap; or
      4. (D) belong to a sibling group that is placed together.
   5. (5) For adoptions occurring on or after June 13, 1989, the adoptive parents and PRS must enter into a signed, written agreement for reimbursement of nonrecurring adoption expenses before legal completion of the adoption. The adoptive parents must submit their claim for reimbursement to PRS no later than two years after the date of the final decree of adoption. Reimbursement claims for adoptions that are completed prior to June 13, 1989, must be submitted to PRS by December 13, 1990.
   6. (6) The adoptive placement must occur in accordance with the laws relating to child placement in Texas or the state from which the child is placed when the child is placed from outside Texas.
   7. (7) A court of competent jurisdiction in Texas must issue the final decree of adoption unless the child is or has been the subject of a Texas adoption subsidy agreement. If the child is the subject of a Texas adoption subsidy agreement, Texas retains responsibility for reimbursement of the child's nonrecurring adoption expenses. If the child is the subject of another state's adoption subsidy agreement, that state is responsible for reimbursing nonrecurring adoption expenses.

Source Note:The provisions of this §700.346 adopted to be effective October 1, 1989, 14 TexReg 4600; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.