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.

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.  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: was in the conservatorship of the department at the time of the child’s adoptive placement; after the adoption, is not eligible for medical assistance; and is younger than 18 years of age.  The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement subsidy rules, including rules that: limit eligibility for the subsidy to a child whose adoptive family income is less than 300 percent of the federal poverty level; provide for the manner in which the department shall pay the subsidy; and 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.

In addition to the subsidy, the department may subsidize the cost of medical care for a child.  The department shall determine the amount and need for the subsidy.

The county may pay a subsidy if the county is responsible for the child’s foster care at the time of the child’s adoptive placement.

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.

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 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.

The executive commissioner of the Health and Human Services Commission by rule shall provide that the maximum amount of the subsidy 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 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 that amount of the subsidy authorized include the following: the child’s mental or physical disability, age, and membership in a sibling group; and the number of prior placement disruptions that the child has experienced.

In determining the amount that would have been 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 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.

A child for whom a subsidy is provided for premium for health benefits coverage and who does not receive any other subsidy 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.

If considering adoption, do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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.

If considering adoption, do not hesitate to call the San Antonio Lawyers of the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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.

The legislature intends that the program benefit children residing in foster homes at state or county expenses 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.

The program shall be carried out by licensed child-placing agencies or county child-care or welfare units under rules adopted by the department.

The department shall keep records necessary to evaluate the program’s effectiveness in encouraging and promoting the adoption of children.

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.

If considering adoption, do not hesitate to call adoption attorney  Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

A person who, knowingly obtains or attempts to obtain or aids or abets any person in obtaining, by means of a wilfully false statement or representationAdoption Penalties   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.

If considering adoption, do not hesitate to call adoption attorney Arthur G. Augustine at (210)299-4777 for a free consultation

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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.

If considering adoption, do not hesitate to call the San Antonio Lawyers of  the law office of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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.

If considering adoption, do not hesitate to call the San Antonio Attorneys of the law office of Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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 paragraph.  An interstate compact authorized by this article has the force and effect of law.

If considering adoption, do not hesitate to call the San Antonio Lawyers of the law office of Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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.

If considering adoption, do not hesitate to call San Antonio lawyer Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms in 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.

If considering adoption, do not hesitate to call lawyer Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

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 and with the applicable laws of the receiving state governing the placement of children therein.

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: the name, date, and place of birth of the child; the identity and address or addresses of the parents or legal guardian; 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; 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.

Any public officer or agency in a receiving state which is in receipt of a notice 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.

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 interest of the child.

If considering adoption, do not hesitate to call the San Antonio Attorneys of the  law office of Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225